(a) If at any time before or during an investigation under this chapter it is determined that the alleged offender is not a caretaker of any child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation.
(b)
(1) If at any time before or during the investigation it appears that the alleged offender is identified and is not a caretaker of the victim child, excluding investigations of sexual abuse, the Department of Human Services and the Department of Arkansas State Police shall:
(A) Refer the matter to the appropriate law enforcement agency;
(B) Close their investigation; and
(C) Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation.
(2)
(A) If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Department of Arkansas State Police of its determination.
(B) Thereupon the Department of Human Services and the Department of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter.
(c) If at any time before or during the investigation the Department of Human Services and the Department of Arkansas State Police are unable to locate or identify the alleged offender because the alleged child maltreatment occurred more than five (5) years ago or in another state, the Department of Human Services and the Department of Arkansas State Police shall consider the report unable to be completed and place the report in inactive status.
Structure Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 18 - Child Maltreatment Act
Subchapter 6 - Investigative Proceedings
§ 12-18-601. Assignment to investigative agency
§ 12-18-602. Initiation of the investigation
§ 12-18-603. Accompaniment by law enforcement
§ 12-18-604. Services during the investigation
§ 12-18-605. Investigative interviews
§ 12-18-609. Right to enter for the purposes of the investigation
§ 12-18-610. Access to the child's school records
§ 12-18-611. Inspection of personnel and volunteer records
§ 12-18-612. Criminal background check
§ 12-18-613. Access to miscellaneous records
§ 12-18-614. Submission to a physical exam or other testing
§ 12-18-615. Radiology procedures, photographs, electronic media, and medical records
§ 12-18-617. Authority to pursue other remedies
§ 12-18-618. Religious bias prohibited
§ 12-18-619. Closing investigations
§ 12-18-620. Release of information on pending investigation
§ 12-18-621. Right to obtain records during course of the investigation