Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.18-002 - Policy II-D: Investigation of Child Maltreatment Reports

Current through Register Vol. 49, No. 6, June, 2024
OVERVIEW
All reports of known or suspected child maltreatment are
				promptly investigated and immediate steps are taken to protect a maltreated
				child and any other child under the care of the same alleged offender who may
				also be in danger of maltreatment. The health and safety of the child are
				always of paramount concern.
While the Division of Children and Family Services (DCFS)
				is responsible for ensuring the health and safety of children in Arkansas, the
				Arkansas State Police Crimes Against Children Division (CACD) collaborates with
				DCFS to conduct investigations of child maltreatment allegations. DCFS and CACD
				will assess Priority I and Priority 11 referrals as outlined in the "Agreement
				Between the Department of Human Services and the Arkansas State Police," which
				is posted on CHRIS Net and is subject to renewal annually. To determine the
				individual responsibilities and operational protocol of the two agencies, see
				the specifics of the agreement. The agreement is written in accordance with Act
				586 of 2007, the Governor's Executive Order, and all applicable federal and
				state laws.
DCFS and CACD, as appropriate, will issue notices
				regarding child maltreatment allegations to all persons pursuant to §
				A.C.A 12-18-501 et seq. The Division
				will issue notices in such a way as to ensure the rights to due process of the
				alleged offender and to protect others who may be at risk of harm from the
				alleged offender. For more information on child maltreatment notices, see
				Policy XIV-A: Notices Regarding Child Maltreatment and related
				procedures.
INVESTIGATION INITIATION TIMEFRAMES
All Priority I investigations will begin no later than 24
				hours after receipt of a report by the Hotline, excluding:
A.
An allegation of sexual abuse if
			 the most recent allegation of sexual abuse was more than one year ago;
			 or,
B.
An allegation
			 of sexual abuse if alleged victim does not currently have contact with the
			 alleged offender.
While an allegation that a child has been subjected to
				neglect as defined by Garrett's Law §
										12-18-103(14)(B)
				is defined as a Priority II investigation, all Garrett's Law investigations
				must be initiated within 24 hours after receipt of a report by the Hotline per
				A.C.A. §
										12-18-602(b)(2)(B).
All other child maltreatment investigations reports will
				begin within 72 hours after receipt of a report by the Hotline. Investigations
				are considered initiated when, as age appropriate, the investigator conducts a
				face-to-face interview with the alleged victim outside the presence of the
				alleged offender or observes the alleged victim outside the presence of the
				alleged offender, or the investigator has otherwise met due diligence (see
				Procedure II-D3 for more information). Once the investigation has begun, the
				primary focus will be to determine whether or not the alleged offender has
				access to the child and whether the child or any other children as well as any
				elderly persons or individuals with a disability or mental illness with whom
				the alleged offender works are at risk such that they need to be
				protected.
NOTICE OF ALLEGATION
The investigative agency at the local level is
				responsible for providing the notice of allegation to all
				applicable
parties as outlined in Procedure XIV-Al: Notices of
				Allegations of Child Maltreatment.
AT RISK DETERMINATIONS
Upon initiation the investigative agency must
				determine:
A.
Alleged offender's employer, including the physical address;
8)
Child is fearful of caretaker,
			 other family members, or other people living in or having access to the
			 home.
9)
Child's
			 physical living conditions are hazardous and immediately threatening, based on
			 child's age and developmental status.
10)
Child sexual abuse Is suspected
			 and circumstances suggest that child safety may be an immediate
			 concern.
11)
Caretaker's current substance use seriously affects his/her ability to
			 supervise, protect, or care for the child.
12)
Caretaker fails to protect child
			 from serious physical or threatened harm.
13)
Caretaker's emotional stability
			 seriously affects current ability to supervise, protect, or care for
			 child.
14)
Caretaker
			 has previously maltreated a child and severity of maltreatment or caretaker's
			 response to previous incidents suggest child safety may be an immediate
			 concern.