Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.20-001 - Child Maltreatment Investigation Determination

Current through Register Vol. 49, No. 6, June, 2024
Introduction
This publication outlines the legal elements required to make a
				true finding for child maltreatment at the conclusion of a child maltreatment
				investigation as per the Child Maltreatment Act. This publication is
				promulgated under the authority of § 12-18-105 of the Arkansas Code to
				carry out the Child Maltreatment Act. The information within this publication,
				therefore, has the force and effect of law.
This publication is designed to help investigators identify the
				elements that must be established before an allegation of child maltreatment
				can be determined true under the Child Maltreatment Act, which defines child
				maltreatment as conduct that falls under one (1) or more of five (5)
				categories:
(1) Abandonment,
(2) Abuse,
(3) Neglect,
(4) Sexual Abuse, and
(5) Sexual Exploitation.
To do this, Section 1 sets out the statutory definition and
				exceptions for each category of child maltreatment. Section 1 then explains the
				elements required to make a true finding for each category of child
				maltreatment and each type of child maltreatment that may occur under each
				category of child maltreatment. Section 2 provides an index of all thirty-eight
				(38) types of child maltreatment.
An investigator can only make a true finding as to one (1) or
				more of the five (5) categories of child maltreatment and only then if the
				investigator finds that each of the elements for the applicable child
				maltreatment category type are established by a preponderance of the evidence.
				"Preponderance of the evidence" is a legal standard of proof that means that it
				is "more likely than not" that child maltreatment occurred based on all the
				evidence that the investigator is able to collect during the given
				investigation.
A true finding cannot be made based solely on the examples
				given in this publication; a true finding must be based on the investigator's
				determination that each element of the given category type of child
				maltreatment is supported by a preponderance of the evidence. The examples do
				not change the elements required to constitute child maltreatment, but rather
				merely provide possible ways in which a given category type of child
				maltreatment could occur.
Glossary
A/O. Alleged Offender. The person alleged to have committed
				child maltreatment.
A/V. Alleged Victim. The person who is the alleged victim of
				child maltreatment.
Investigator. An employee of the Department of Human Services
				(DHS) or the Arkansas State Police who investigates allegations of child
				maltreatment.
Section
			 1:
Categories and Types of Maltreatment
1.1
Abandonment
Definition
Abandonment means the failure of a parent to provide reasonable
				support and to maintain regular contact with a child through statement or
				contact when the failure is accompanied by an intention on the part of the
				parent to permit the condition to continue for an indefinite period in the
				future or the failure of a parent to support or maintain regular contact with a
				child without just cause. Abandonment also means an articulated intent to
				forego parental responsibility.
Exceptions
Married Minor Exception
. Abandonment does not
				include acts or omissions of a parent towards a married minor.
Disrupted Adoption Exception
. Abandonment does
				not include situations in which a child has disrupted his or her adoption and
				the adoptive parent has exhausted the available resources.
Making a True Determination
Based on the definition above and unless an exception applies,
				an investigator may determine that an allegation of abandonment is true if a
				preponderance of the evidence establishes each of the elements for at least one
				(1) type of abandonment:
Abandonment for an indefinite period:
1) A/O is a parent of the A/V;
2) A/V was under eighteen (18) years old when
			 the alleged abandonment occurred;
3) A/O did not provide reasonable support for
			 the A/V and maintain regular contact with the A/V through statement or contact;
			 and
4) A/O intends to continue the
			 lack of reasonable support and regular contact for an indefinite period in the
			 future.
Abandonment without just cause:
1) A/O is a parent of the A/V;
2) A/V was under eighteen (18) years old when
			 the alleged abandonment occurred;
3) A/O did not provide reasonable support for
			 the A/V or maintain regular contact with the A/V through statement or contact;
			 and
4) A/O did not have just cause
			 in failing to support or maintain regular contact with the A/V.
Abandonment by articulated intent:
1) A/O is a parent of the A/V;
2) A/V was under eighteen (18) years old when
			 the alleged abandonment occurred; and
3) A/O articulated an intent to forego
			 parental responsibility of the A/V.