2019 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
§ 12-18-608. 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, sibling of a child victim, or any other children in the home or under the care of an alleged offender shall have the discretion:
(1) In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and
(2) As it relates to the integrity of the investigation, to limit persons present during an interview.
(b)
(1) The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender.
(2) However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child.
(c)
(1) If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed.
(2) However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.
