Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.14-004 - Procedure XIII-A9 and A10, CFS 328-A, B, C

Current through Register Vol. 49, No. 6, June, 2024
PROCEDURE XIII-A9: Name Removal from Child
				Maltreatment Central Registry by an Adult Offender's
				Request
REMOVAL CRITERIA
An adult offender is defined as a person age 18 years or older
				at the time of the act or omission that resulted in a true finding of child
				maltreatment.
An
adult offender may request his or
				her name be removed from the Child Maltreatment Central Registry when:
A. The individual has not had a subsequent
			 true report of this type for one year; and,
B. More than one year has passed since the
			 adult offender's name was placed on the Child Maltreatment Central
			 Registry.
However, the adult offender may not request removal
				from the Child Maltreatment Central Registry if any of the following
				apply:
A.
The
			 adult offender was placed into the Child Maltreatment Central Registry for any
			 type of child maltreatment that resulted in a child fatality as a direct result
			 of the offender's act or omission.
B.
The adult offender is still
			 involved in an open protective services or foster care case for the type of
			 maltreatment for which he or she was placed into the Child Maltreatment Central
			 Registry.
C.
The adult offender was placed into the Child Maltreatment Central
			 Registry for any of the child maltreatment types listed below and his or her
			 parental rights were subsequently terminated either voluntarily or
			 involuntarily:
*
Abuse with deadly
				weapon
*
Bone fractures
*
Brain Damage/Skull
				Fracture
*
Burns/scalding
*
Immersion
*
Inadequate supervision - children
				less than 6 years of age
*
Interfering with a child's
				breathing
*
Internal injuries
*
Malnutrition
*
Oral sex
*
Poison/noxious
				substances
*
Presence of illegal substance in
				child or its mother at time of birth resulting from mother's
				knowing
use of the substance
*
Sexual
				exploitation
*
Sexual
				penetration
*
Shaking a child age 3 or
				younger
*
Striking a child with a closed
				fist
*
Subdural hematoma
*
Suffocation
A.C.A. §
									12-18-908 allows the
types of maltreatment that may be considered for
				removal
to be set at the discretion of the Director of the
				Department. However, these can only be changed through normal promulgation
after
a special review by the House Interim Committee on
				Aging, Children and Youth, Legislative and Military Affairs and the Senate
				Interim Committee on Children and Youth [A.C.A. §
									12-18-908 ]).
Finally
,
per
A.C.A. §
									12-18-908, If an adult offender is
				found guilty of, pleads guilty to, or pleads nolo contendere to an act that is
				the same act for which the offender is named in the Child Maltreatment Central
				Registry regardless of any subsequent expungement of the offense from the
				offender's criminal record, the offender shall always remain in the Child
				Maltreatment Central Registry unless the conviction is reversed or
				vacated.
APPLICATION FORMAT FOR AN ADULT OFFENDER
An application for name removal from the Child Maltreatment
				Central Registry shall conform to the following:
A. The adult offender will submit his
or her
request to the DCFS Director via the CFS-238A:
			 Request for Name Removal from the Child Maltreatment Central Registry by Adult
			 Offender and shall also submit:
1)
A personal letter describing:
a)
The offender's reason for the
			 removal request
;
b)
The events and circumstances surrounding the child maltreatment
			 finding; and,
c)
The offender's rehabilitation.