2017 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 18 - Child Maltreatment Act
Subchapter 7 - Investigative Findings
§ 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 offender is at least fourteen (14) years of age and less than eighteen (18) years of age at the time the act or omission occurred, a notice shall be given as provided in this section.
- (b) The notice under this section shall be provided as follows:
- (1) If the alleged offender is in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender's counsel and the legal parents, legal guardians, and current foster parents of the alleged offender; or
- (2) If the alleged offender is not in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the alleged offender.
- (c) The notice under this section shall include the following:
- (1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline;
- (2) A statement that the matter has been referred for an automatic administrative hearing that may be waived only by the alleged offender or his or her parent or legal guardian in writing;
- (3) The potential consequences to the alleged offender if the alleged offender's name is placed in the Child Maltreatment Central Registry;
- (4) A statement that the alleged offender has a right to have an attorney and if the person cannot afford an attorney to contact the Center for Arkansas Legal Services;
- (5) A statement that if the alleged offender's name is placed on the registry, the alleged offender's name may be automatically removed after one (1) year or the alleged offender may be able to petition for removal after one (1) year, depending on the finding;
- (6) A statement that the administrative hearing may take place in person if requested by the alleged offender, the alleged offender's parent or guardian, or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section; and
- (7) The name of the person making the notification, his or her title or position, and current contact information.
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