Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.13-009 - Child Maltreatment- POLICY XIV-A (and Related Procedures); PROCEDURES IX-A3, IX-A4, IX-A5, IX-A6, IX-A7, XII-A3, XIII-A4, XIII-A5; PUB-52, PUB-357; CACD-223-T1, CACD-223-T3, CACD-224-T1, CACD-224-T3, CACD-240-U1, CACD-240-U2, CACD-284-N; CFS-223-T1, CFS-223-T3, CFS-224-T1, CFS-224-T3, CFS-240-U1, CFS-240-U2, CFS-284-N; POLICY II-E (and Related Procedures); CFS-200, CFS-217; POLICY II-K; CACD-223-T2, CACD-224-T2; CFS-223-T2, CFS-224-T2

Current through Register Vol. 49, No. 6, June, 2024
PROCEDURE XIII-A3: Information Disclosure on
				True Findings
I
0
8
/201
3
CONFIDENTIALITY
Information on a completed true investigation is confidential
				and it remains confidential even after disclosure made under the conditions
				listed below. The party releasing the information will notify, either verbally
				or in writing, any person receiving it that information on a completed true
				investigation is confidential and may not be shared with
				others
.
The following exceptions exist:
A. A person or entity may consult his own
			 attorney about the aforementioned information.
B. A subject of a report may disclose any
			 information contained in the report.
DISCLOSURE-GENERAL
As designated by Arkansas Code Ann. §
									12-18-909, the Child Maltreatment
				Central Registry may provide information, including protected health
				information
.and the administrative hearing decision
,
				on a completed true investigation when requested by:
A. A person or agency that provides services
			 such as medical examination of, an assessment interview with, diagnosing,
			 caring for, treating, or supervising either a victim of maltreatment, a
			 juvenile offender, or an under aged juvenile offender;
B. The administration of the adoption, foster
			 care, children's and adult protective services programs, or child care
			 licensing programs of any state;
C.
			 Any government entity having a need for the information in order to carry out
			 its responsibilities under law to protect children from abuse or
			 neglect;
D. The alleged
			 offender;
E. A civil or
			 administrative proceeding connected with the administration of the Arkansas
			 Child Welfare State Plan when the court or hearing officer determines that the
			 information is necessary for the determination of an issue before the court or
			 agency;
F. An audit or similar
			 activity conducted in connection with the administration of such a plan or
			 program by any governmental agency that may by law conduct the audit or
			 activity;
G. A person, agency, or
			 organization engaged in a bona fide research or evaluation project having value
			 as determined by the Division in future planning for programs for maltreated
			 children or in developing policy directions;
H. The responsible multidisciplinary
			 team;
I. Child abuse citizen
			 panels;
J. Child fatality review
			 panels;
K. The current foster
			 parents of a child who is a subject of a report;
L. The attorney ad litem of the of the
			 alleged victim or offender;
M. The
			 court appointed special advocate of the alleged victim or offender;
N. The Department of Human
			 Services;
O. Any licensing or
			 registering authority, to the extent necessary to carry out its official
			 responsibilities;
P. Any person or
			 entity to whom notification of the allegation was provided;
Q. Any school superintendent, principal, or a
			 person in an equivalent position, or the Department of
Education to the extent necessary to carry out its
				responsibility to ensure that children are protected while in the school
				environment or during off-campus school activities;
R. Law Enforcement;
S. The prosecuting attorney's
			 office;
T. A grand jury or court
			 upon a finding that information in the record is necessary for the
			 determination of an issue before the court or grand jury;
1) The grand jury or court may disclose it to
			 parties to a legal proceeding upon a finding that the report is necessary for
			 the presentation of a party's complaint or defense and under such terms
			 o
f a
protective order
issued by the
			 court
;