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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 8 - Administrative Hearings
§ 12-18-813. Notice of investigative determination upon satisfaction of due process
Universal Citation: AR Code § 12-18-813 (2017)
- (a) (1) Due process has been satisfied when:
- (A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing;
- (B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or
- (C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision.
- (2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry.
- (b)
- (1) Upon satisfaction of due process and if the investigative determination is true, the Department of Human Services and the Department of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the Department of Human Services and the Department of Arkansas State Police to the child.
- (2) Upon completion of due process, the Department of Human Services and the Department of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the Department of Human Services' and the Department of Arkansas State Police's true investigative determination on any child ten (10) years of age or older who is named as the offender in a true report and the services offered or provided by the Department of Human Services and the Department of Arkansas State Police to the juvenile offender.
- (3) Any local educational agency receiving information under this section from the Department of Human Services and the Department of Arkansas State Police shall make this information, if it is a true report, confidential and a part of the child's permanent educational record and shall treat information under this section as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
- (c) (1) Upon satisfaction of due process and if the investigative determination is true, if the offender is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Department of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the offender appear to be at risk of maltreatment by the offender, the Department of Human Services or the Department of Arkansas State Police may notify the following of the investigative determination:
- (A) The offender's employer;
- (B) A school superintendent, principal, or a person in an equivalent position where the offender is employed;
- (C) A person in charge of a paid or volunteer activity; and
- (D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities.
- (2) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules that shall ensure that notification required under this subsection is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before the notification is made.
- (3) If the Department of Human Services and the Department of Arkansas State Police later determine that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the previously notified person or entity of that information.
- (4) (A) Upon satisfaction of due process, the Department of Human Services and the Department of Arkansas State Police may notify the entity or person in charge of the investigative determination if:
- (i) The investigative determination is true; and
- (ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk.
- (B) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before notification is made.
- (C) If the Department of Human Services and the Department of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the previously notified entity or person of that information.
- (d) Upon satisfaction of due process, if the victim or offender is in foster care, notification of the investigative determination shall be provided to:
- (1) The legal parents, legal guardians, and current foster parents of the victim; and
- (2) The attorney ad litem and court-appointed special advocate volunteer for the victim or offender.
- (e) Upon satisfaction of due process, notification of the investigative determination shall be provided to the following:
- (1) All subjects of the report; and
- (2) As required by § 21-15-110, the employer of any offender if the offender is in a designated position with a state agency.
- (f) Upon satisfaction of due process, the Department of Human Services and the Department of Arkansas State Police shall confirm the investigative determination to the following, upon request:
- (1) The responsible multidisciplinary team;
- (2) The juvenile division of circuit court, if the victim or offender has an open dependency-neglect or family in need of services case;
- (3) The attorney ad litem for a child who is named as the victim or offender;
- (4) The Court Appointed Special Advocates volunteer for a child named as the alleged victim or offender;
- (5) Any licensing or registering authority if it is necessary to carry out its official responsibilities;
- (6) Any Department of Human Services division director or facility director receiving notice of a Child Abuse Hotline report under this subchapter;
- (7) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home;
- (8) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client;
- (9) A child safety center if involved in the investigation;
- (10) Law enforcement;
- (11) The prosecuting attorney in cases of severe maltreatment;
- (12) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508; and
- (13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility.
- (g) Upon satisfaction of due process, the Department of Human Services and the Department of Arkansas State Police may notify the persons or entities listed in subsection (f) of this section of the investigative determination if the Department of Human Services and the Department of Arkansas State Police determine that the notification is necessary to accomplish the purposes of § 12-18-102.
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