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

Universal Citation: AR Code § 12-18-702 (2019)
  • (a) Upon completion of an investigation under this chapter, the Department of Human Services and the Division 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;

    • (3)

      • (A) True but exempted.

      • (B) A determination of true but exempted is a true determination where 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 at the time of the offense; or

    • (4)

      • (A) Inactive.

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

  • (b) An investigation of a report of child maltreatment that is closed under § 12-18-601 shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive.

  • (c)

    • (1) If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

    • (2)

      • (A) The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment.

      • (B) The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population:

        • (i) The severity of the child maltreatment;

        • (ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment;

        • (iii) The access the offender has to a vulnerable population;

        • (iv) Any previous substantiated child maltreatment findings against the offender;

        • (v) A subsequent report of child maltreatment alleged against the offender; and

        • (vi) The criminal history of the offender.

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