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
§ 12-18-707. Notice When the Alleged Offender Works With Children, the Elderly, an Individual With a Disability, or an Individual With a Mental Illness, Is Engaged in Child-Related Activities, or Is a Juvenile

Universal Citation: AR Code § 12-18-707 (2019)
  • (a) If the child maltreatment investigative determination names as an alleged offender a person who 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 alleged offender appear to be at risk of maltreatment by the alleged offender, the Department of Human Services or the Department of Arkansas State Police may notify the following of the investigative determination:

    • (1) An alleged offender's employer;

    • (2) A school superintendent, principal, or a person in an equivalent position where the alleged offender is employed;

    • (3) A person in charge of a paid or volunteer activity; and

    • (4) Any licensing or registering authority to the extent necessary to carry out its official responsibilities.

  • (b) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules that will 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 the 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 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.

  • (d)

    • (1) If the child maltreatment investigation names as an alleged offender a juvenile who is in a setting or circumstance where other children appear to be at risk, the Department of Human Services and the Department of Arkansas State Police may notify the entity or person in charge about the investigative determination.

    • (2) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to ensure that the 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.

    • (3) 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 other children are at risk or if the investigative determination is overturned, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the entity or person originally notified under subdivision (d)(1) of this section of that information.

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