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Subchapter 1 - General Provisions
§ 12-18-101. Title - This chapter shall be known and may be cited as...
§ 12-18-102. Purpose - The purpose of this chapter is to: (1) Provide a...
§ 12-18-103. Definitions - As used in this chapter: (1) (A) “Abandonment” means: (i)...
§ 12-18-104. Confidentiality - (a) Any data, records, reports, or documents that are created,...
§ 12-18-105. Rules - The Department of Human Services and the Department of Arkansas...
§ 12-18-106. Cooperative agreements - (a) The Department of Human Services and the Division of...
§ 12-18-107. Liability - (a) A person or agency required by this chapter to...
§ 12-18-108. Maintenance of forensic samples from abortions performed on a child - (a) (1) A physician who performs an abortion on a...
Subchapter 2 - Offenses and Penalties
§ 12-18-201. Failure to notify by a mandated reporter in the first degree - (a) A person commits the offense of failure to notify...
§ 12-18-202. Failure to notify by a mandated reporter in the second degree - (a) A person commits the offense of failure to notify...
§ 12-18-203. Making a false report under this chapter - (a) A person commits the offense of making a false...
§ 12-18-204. Unlawful restriction of child abuse reporting - (a) (1) An employer or supervisor of an employee identified...
§ 12-18-205. Unlawful disclosure of data or information under this chapter - (a) A person commits the offense of unlawful disclosure of...
§ 12-18-206. Civil liability for failure to report - A person required by this chapter to make a report...
§ 12-18-207. Judicial and prosecutorial disclosure - A judge or prosecuting attorney who fails to make a...
§ 12-18-208. Subsequent disclosure by a subject of a report - This chapter does not prevent subsequent disclosure by a subject...
§ 12-18-209. Imposition of penalties - The Department of Human Services and the Department of Arkansas...
§ 12-18-210. Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent - (a) (1) A person shall not intentionally cause, aid, or...
Subchapter 3 - Child Abuse Hotline
§ 12-18-301. Creation - (a) There is created the Child Abuse Hotline. (b) The...
§ 12-18-302. Reports by mandated reporters - (a) As prescribed under this section, a mandated reporter under...
§ 12-18-303. Minimum requirements for a report to be accepted - (a) Except as otherwise provided in this section, the Child...
§ 12-18-304. Qualifying reports of certain types of child maltreatment - (a) (1) The Child Abuse Hotline shall accept a report...
§ 12-18-305. Garrett's Law reports - The Child Abuse Hotline shall accept a report of neglect...
§ 12-18-306. Reports naming an adult as the victim - The Child Abuse Hotline shall accept a report of child...
§ 12-18-307. Reports alleging Munchausen syndrome by proxy or factitious illness - The Child Abuse Hotline shall accept a report of child...
§ 12-18-308. Reports of injury to a child's intellectual, emotional, or psychological development - The Child Abuse Hotline shall accept a report of injury...
§ 12-18-309. Reports alleging that a child is disrupting his or her adoption or is a dependent juvenile - The Child Abuse Hotline shall accept telephone calls or other...
§ 12-18-310. Referrals on children born with and affected by fetal alcohol spectrum disorder or prenatal drug exposure to an illegal drug or a legal substance - (a) All healthcare providers involved in the delivery or care...
Subchapter 4 - Reporting Suspected Child Maltreatment
§ 12-18-401. Generally - (a) A person may immediately notify the Child Abuse Hotline...
§ 12-18-402. Mandated reporters - (a) An individual listed as a mandated reporter under subsection...
Subchapter 5 - Notice Procedures After a Report of Suspected Child Maltreatment Has Been Made
§ 12-18-501. Notice of a report to the Child Abuse Hotline - Notice of a report to the Child Abuse Hotline is...
§ 12-18-502. Release and disclosure of data generally - (a) (1) The Department of Human Services and the Department...
§ 12-18-503. Notification generally - The Department of Human Services and the Department of Arkansas...
§ 12-18-504. Notification in cases of reports of severe maltreatment - (a) The Department of Human Services and the Department of...
§ 12-18-505. Notification to the child's school - The Department of Human Services shall notify the child's school...
§ 12-18-506. Notice when the alleged offender works with children, the elderly, an individual with a disability, an individual with a mental illness, is engaged in child-related activities, or is a juvenile - (a) If the Child Abuse Hotline receives a report naming...
§ 12-18-507. Notice when the alleged victim is a resident of a facility licensed, registered, or operated by the state - (a) If the Child Abuse Hotline receives a report that...
§ 12-18-508. Notice to United States military organizations of alleged child maltreatment — Definitions - (a) As used in this section: (1) “Active duty service...
Subchapter 6 - Investigative Proceedings
§ 12-18-601. Assignment to investigative agency - (a) (1) If a report of child maltreatment is accepted...
§ 12-18-602. Initiation of the investigation - (a) The Department of Human Services and the Division of...
§ 12-18-603. Accompaniment by law enforcement - Upon request, law enforcement shall accompany a person conducting an...
§ 12-18-604. Services during the investigation - The Department of Human Services may make referrals or provide...
§ 12-18-605. Investigative interviews - (a) An investigation of child maltreatment or suspected child maltreatment...
§ 12-18-606. When the alleged offender is a family member, a fictive kin, or lives in the home with the alleged victim - If the alleged offender is a family member, fictive kin,...
§ 12-18-607. When the alleged offender is neither a family member nor a fictive kin and not living in the home with the alleged victim - If the alleged offender is not a family member living...
§ 12-18-608. Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender - (a) A person conducting an interview with a child victim,...
§ 12-18-609. Right to enter for the purposes of the investigation - (a) A person conducting an investigation under this chapter shall...
§ 12-18-610. Access to the child's school records - (a) A person conducting an investigation under this chapter shall...
§ 12-18-611. Inspection of personnel and volunteer records - A person conducting an investigation required by this chapter shall...
§ 12-18-612. Criminal background check - (a) The person conducting an investigation under this chapter shall...
§ 12-18-613. Access to miscellaneous records - Upon request by a person conducting an investigation under this...
§ 12-18-614. Submission to a physical exam or other testing - An investigation under this chapter may include a physical examination,...
§ 12-18-615. Radiology procedures, photographs, electronic media, and medical records - (a) A person who is required to make a report...
§ 12-18-616. Timing - (a) (1) Except as otherwise provided in this section, an...
§ 12-18-617. Authority to pursue other remedies - (a) Notwithstanding an investigative determination finding of true but exempted,...
§ 12-18-618. Religious bias prohibited - The Department of Human Services and the Department of Arkansas...
§ 12-18-619. Closing investigations - (a) If at any time before or during an investigation...
§ 12-18-620. Release of information on pending investigation - (a) Information on a pending investigation under this chapter is...
§ 12-18-621. Right to obtain records during course of the investigation - (a) Upon a request by a person conducting an investigation...
§ 12-18-622. Access to the controlled substance database - (a) The Department of Human Services and the Department of...
Subchapter 7 - Investigative Findings
§ 12-18-701. Generally - (a) The agency responsible for an investigation under this chapter...
§ 12-18-702. Investigative determination - (a) Upon completion of an investigation under this chapter, the...
§ 12-18-703. Notice generally - (a) The Department of Human Services and the Department of...
§ 12-18-704. Notice if the investigative determination is true but exempted and the alleged offender is a child - If the investigative determination of the report was determined true...
§ 12-18-705. Notice if the alleged offender is at least fourteen years of age and less than eighteen years of age - (a) If the report was determined true and the alleged...
§ 12-18-706. Notice if the alleged offender is eighteen years of age or older - Notification to an alleged offender who was eighteen (18) years...
§ 12-18-707. Notice when the alleged offender works with children, the elderly, an individual with a disability, or an individual with a mental illness, is engaged in child-related activities, or is a juvenile - (a) If the child maltreatment investigative determination names as an...
§ 12-18-708. Miscellaneous notice requirements - (a) The Department of Human Services and the Department of...
§ 12-18-709. Confidentiality - (a) Notice of an investigative determination under this chapter is...
§ 12-18-710. Release of information on true investigative determination pending due process - (a) Information on a completed true investigation pending due process...
§ 12-18-711. Fee for copying investigative file - (a) Except as provided under subsection (b) of this section,...
§ 12-18-712. Mental health services for alleged sex offenders under eighteen years of age and the victim - (a) If an investigative determination of a report under this...
§ 12-18-713. Reports on overturned true determinations - (a) (1) The Department of Human Services and the Division...
Subchapter 8 - Administrative Hearings
§ 12-18-801. Time to complete administrative hearing - (a) (1) (A) The administrative hearing under this chapter shall...
§ 12-18-802. Subpoenas — Service upon a child - If any child served with a subpoena to be a...
§ 12-18-803. Privileged communications as evidence — Exception - (a) It is the public policy of the State of...
§ 12-18-804. Defenses and affirmative defenses - For any act or omission of child maltreatment that would...
§ 12-18-805. Video teleconferencing and teleconferencing options - (a) (1) An administrative law judge may conduct an administrative...
§ 12-18-806. Continuances - (a) (1) An administrative law judge shall grant a continuance...
§ 12-18-807. Administrative judgments and adjudications - (a) If a court of competent jurisdiction adjudicates a question...
§ 12-18-808. Notice of juvenile division circuit court proceedings - (a) The Department of Human Services and the Department of...
§ 12-18-809. Confidentiality - (a) An administrative hearing decision and the hearing record, including...
§ 12-18-810. Authority to amend investigative determinations based on evidence - (a) An administrative law judge may amend an investigative determination...
§ 12-18-811. Expedited administrative hearings — Definition - (a) (1) If an alleged offender timely requests an administrative...
§ 12-18-812. Preliminary administrative hearing - (a) If the Department of Human Services and the Division...
§ 12-18-813. Notice of investigative determination upon satisfaction of due process - (a) (1) Due process has been satisfied when: (A) The...
§ 12-18-814. Automatic hearings for juveniles - (a) The Division of Children and Family Services of the...
§ 12-18-815. Adjudication of allegations and risk - (a) In an administrative hearing held under this chapter, an...
Subchapter 9 - Child Maltreatment Central Registry
§ 12-18-901. Creation - There is established within the Department of Human Services a...
§ 12-18-902. Contents - The Child Maltreatment Central Registry shall contain records of cases...
§ 12-18-903. Placement in the Child Maltreatment Central Registry - (a) An offender's name shall be placed in the Child...
§ 12-18-904. Child Maltreatment Central Registry generally - An offender's name shall remain in the Child Maltreatment Central...
§ 12-18-905. Provisional placement in the Child Maltreatment Central Registry - If an alleged offender's name is provisionally placed in the...
§ 12-18-906. Allegations determined to be unsubstantiated not to be included - Records of all cases in which allegations are determined to...
§ 12-18-907. Rules - The Department of Human Services may adopt rules as may...
§ 12-18-908. Removal of name from the Child Maltreatment Central Registry - (a) If an adult offender is found guilty of, pleads...
§ 12-18-909. Availability of true reports of child maltreatment from the central registry - (a) True reports of child maltreatment are confidential and may...
§ 12-18-910. Availability of screened-out and unsubstantiated reports - (a) Screened-out, administratively closed, and unsubstantiated reports of child maltreatment...
§ 12-18-911. Records — Subpoena duces tecum — Definitions - (a) As used in this section: (1) “Custodian of records”...
Subchapter 10 - Protective Custody
§ 12-18-1001. Protective custody generally - (a) A police officer, law enforcement, a juvenile division of...
§ 12-18-1002. Placement in a foster home - A county sheriff or chief of police may place a...
§ 12-18-1003. Consent for health care and services - An individual taking a child into custody may give effective...
§ 12-18-1004. Notice when custody is invoked - In any case in which custody is invoked under this...
§ 12-18-1005. Location - (a) A school, residential facility, hospital, or similar institution where...
§ 12-18-1006. Custody of children generally — Health and safety of the child - (a) (1) During the course of any child maltreatment investigation,...
§ 12-18-1007. Services to families generally - (a) The Department of Human Services shall have the authority...
§ 12-18-1008. Removal from home — Procedure - (a) If the Department of Human Services determines that custody...
§ 12-18-1009. When the investigation determines that the child can safely remain at home - If an investigation under this chapter determines that a child...
§ 12-18-1010. When a child maltreatment investigation is determined to be true or true but exempted - (a) If an investigation under this chapter is determined to...
§ 12-18-1011. When a report of child maltreatment is determined to be unsubstantiated - (a) If the report of child maltreatment is unsubstantiated, the...
Subchapter 11 - Public Disclosure of Information on Fatalities and Near Fatalities
§ 12-18-1101. Procedure if the investigation is pending on a fatality - Upon request, the Department of Human Services shall release the...
§ 12-18-1102. Procedure if the investigation results in a true report related to a fatality - Upon request, the Department of Human Services shall release the...
§ 12-18-1103. Procedure if the investigation results in an unsubstantiated report related to a fatality - Upon request, the Department of Human Services shall release the...
§ 12-18-1104. Information not to be released regarding a child fatality - Concerning the fatality of a child, the Department of Human...
§ 12-18-1105. Procedure if the investigation is pending related to a near fatality - Upon request, the Department of Human Services shall release the...
§ 12-18-1106. Procedure if the investigation results in a true report related to a near fatality - Upon request, the Department of Human Services shall release the...
§ 12-18-1107. Procedure if the investigation results in an unsubstantiated report related to a near fatality - Upon request, the Department of Human Services shall release the...
§ 12-18-1108. Information not to be released regarding the near fatality of a child - Concerning the near fatality of a child, the Department of...
Subchapter 12 - Training Regarding Sexually Exploited Children
§ 12-18-1201. Definition - As used in this subchapter, “sexually exploited child” means a...
§ 12-18-1202. Training regarding sexually exploited children - The Arkansas Juvenile Officers Association, the Division of Law Enforcement...