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2018 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
§ 12-18-623. No merit investigations

Universal Citation: AR Code § 12-18-623 (2018)
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  • (a) A Department of Arkansas State Police investigator may close an investigation of a report of child maltreatment as unsubstantiated without complying with the requirements of this subchapter if:

    • (1) The child identified as the victim:

      • (A) Has been:

        • (i) Interviewed separately and apart from the alleged offender or any representative or attorney for the alleged offender when the child is of the age or ability to be interviewed; or

        • (ii) Observed separately and apart from the alleged offender or any representative or attorney for the alleged offender when the child is not of the age or ability to be interviewed; and

      • (B) Credibly denies the allegation of child maltreatment;

    • (2) The child identified as the victim does not have the physical injuries or physical conditions that were alleged in the report of child maltreatment;

    • (3) The person identified as the alleged offender has been interviewed and credibly denies the allegation of child maltreatment;

    • (4) The person identified as the alleged offender resides in the home or is a family member of the child identified as the victim and the Department of Arkansas State Police investigator has ascertained the environment in which the child resides and determined there is no merit to the report of child maltreatment as it pertains to the home environment;

    • (5) The Department of Arkansas State Police investigator:

      • (A) Has:

        • (i) Interviewed the person who made the report to the Child Abuse Hotline; or

        • (ii) Made a good faith effort to contact the person who made the report to the Child Abuse Hotline but is unable to interview the person; and

      • (B) Has not identified another maltreatment or health or safety factor regarding the child identified as the victim; and

    • (6) The Department of Arkansas State Police investigator interviewed a collateral witness and reviewed medical, school, and mental health records that are related to the allegations when the child identified as the victim was unable to effectively communicate.

  • (b) The Children's Advocacy Centers of Arkansas shall conduct forensic interviews, forensic medical examinations, and forensic mental health examinations if available and appropriate during the course of a child maltreatment investigation as is required by the memorandum of understanding authorized under § 9-5-110.

  • (c) All records under this section shall be released under §§ 12-18-620 and 12-18-910.

  • (d) This section does not apply if the alleged victim is in the custody of the Department of Human Services and the alleged act or omission occurred while the child was in the custody of the Department of Human Services.

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