For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of:
(1) A statute of limitation;
(2) Lack of capacity as a result of mental disease or defect under § 5-2-312; and
(3) Affirmative defenses under §§ 5-1-112 — 5-1-114.
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 8 - Administrative Hearings
§ 12-18-801. Time to complete administrative hearing
§ 12-18-802. Subpoenas — Service upon a child
§ 12-18-803. Privileged communications as evidence — Exception
§ 12-18-804. Defenses and affirmative defenses
§ 12-18-805. Video teleconferencing and teleconferencing options
§ 12-18-807. Administrative judgments and adjudications
§ 12-18-808. Notice of juvenile division circuit court proceedings
§ 12-18-810. Authority to amend investigative determinations based on evidence
§ 12-18-811. Expedited administrative hearings — Definition
§ 12-18-812. Preliminary administrative hearing
§ 12-18-813. Notice of investigative determination upon satisfaction of due process