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 7 - Investigative Findings
§ 12-18-702. Investigative determination

Universal Citation: AR Code § 12-18-702 (2018)
  • Upon completion of an investigation under this chapter, the Department of Human Services and the Department of Arkansas State Police shall determine whether the allegations of child maltreatment are:
  • (1)

    • (A) Unsubstantiated.

    • (B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;

  • (2)

    • (A) True.

    • (B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence.

    • (C) A determination of true but exempted, which means that the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:

      • (i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;

      • (ii) The offender is an underaged juvenile offender;

      • (iii) The report was true for neglect as defined under § 12-18-103(14)(B); or

      • (iv) The offender is a juvenile less than fourteen (14) years of age; or

  • (3)

    • (A) Inactive.

    • (B) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.

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