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2020 Arkansas Code
Title 10 - General Assembly
Chapter 3 - Committees
Subchapter 32 - Child Maltreatment Investigations Oversight Committee
§ 10-3-3202. Child Maltreatment Investigations Oversight Committee — Creation — Membership — Meetings — Definition

Universal Citation:
AR Code § 10-3-3202 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  1. (a)

    1. (1) There is created a legislative committee to be known as the “Child Maltreatment Investigations Oversight Committee” that shall review and evaluate:

      1. (A) The conduct of child maltreatment investigations completed by the Division of Children and Family Services of the Department of Human Services or the Crimes Against Children Division of the Division of Arkansas State Police; and

      2. (B) Service delivery to children and families involved in an investigation of child maltreatment.

    2. (2) All cases that are reviewed and evaluated under this section shall:

      1. (A) Be completed investigations of child maltreatment; and

      2. (B) Not be associated with a pending dependency-neglect case.

  2. (b)

    1. (1) The Child Maltreatment Investigations Oversight Committee shall be composed of the following members:

      1. (A) The Director of the Division of Children and Family Services of the Department of Human Services, or his or her designee;

      2. (B) The Commander of the Crimes Against Children Division of the Division of Arkansas State Police, or his or her designee;

      3. (C) One (1) representative from the Governor's office, as selected by the Governor;

      4. (D) One (1) attorney who is employed as parent counsel;

      5. (E) One (1) dependency-neglect attorney ad litem;

      6. (F) One (1) attorney who:

        1. (i) Has experience representing parents in child welfare cases; and

        2. (ii) Is not contracted by the state;

      7. (G) One (1) judge or justice, who may be a retired judge or justice;

      8. (H) One (1) current or former representative from the court-appointed special advocate program;

      9. (I) One (1) representative from a child advocacy center;

      10. (J)

        1. (i) One (1) parent who was previously designated as a subject of the report.

        2. (ii) As used in subdivision (b)(1)(J)(i) of this section, “subject of the report” means:

          1. (a) The offender;

          2. (b) The custodial and noncustodial parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and

          3. (c) The child who is the subject of suspected maltreatment;

      11. (K) One (1) adult who was previously in the custody of the state as a foster child due to a true finding of child maltreatment or neglect;

      12. (L) One (1) current foster parent;

      13. (M)

        1. (i) The Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee.

        2. (ii) The Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs shall be a nonvoting ex officio member of the Child Maltreatment Investigations Oversight Committee if he or she appoints a designee under subdivision (b)(1)(M)(i) of this section;

      14. (N)

        1. (i) The Chair of the Senate Interim Committee on Children and Youth or his or her designee.

        2. (ii) The Chair of the Senate Interim Committee on Children and Youth shall be a nonvoting ex officio member of the Child Maltreatment Investigations Oversight Committee if he or she appoints a designee under subdivision (b)(1)(N)(i) of this section;

      15. (O) Two (2) members of the General Assembly who are members of the:

        1. (i) House Committee on Aging, Children and Youth, Legislative and Military Affairs; or

        2. (ii) Senate Interim Committee on Children and Youth;

      16. (P)

        1. (i) One (1) current or former member of the General Assembly who is a current or former member of the:

          1. (a) House Committee on Aging, Children and Youth, Legislative and Military Affairs; or

          2. (b) Senate Interim Committee on Children and Youth.

        2. (ii) The current or former member of the General Assembly under subdivision (b)(1)(P)(i) of this section shall be appointed by the Governor;

      17. (Q) The Director of the Dependency-Neglect Attorney Ad Litem Program or his or her designee;

      18. (R) An attorney who practices dependency-neglect appellate law, who shall be selected by the Chair of the Child Maltreatment Investigations Oversight Committee; and

      19. (S) The Executive Director of the Commission for Parent Counsel or his or her designee.

    2. (2) Unless otherwise provided under this section, the members listed under subdivisions (b)(1)(A)-(S) of this section shall be selected by the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth in consultation with members of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

    3. (3) The members of the Child Maltreatment Investigations Oversight Committee annually shall elect from their legislative membership the Chair of the Child Maltreatment Investigations Oversight Committee.

  3. (c)

    1. (1) Members of the Child Maltreatment Investigations Oversight Committee shall serve three-year staggered terms.

    2. (2)

      1. (A) A current or former legislative member of the Child Maltreatment Investigations Oversight Committee shall serve for a term that expires following the general election that occurs after he or she is chosen to serve on the Child Maltreatment Investigations Oversight Committee, and until his or her replacement is selected or appointed under this section.

      2. (B) A current or former legislative member of the Child Maltreatment Investigations Oversight Committee under subdivision (c)(2)(A) of this section may be appointed or selected to serve consecutive terms.

  4. (d)

    1. (1)

      1. (A) The Chair of the Child Maltreatment Investigations Oversight Committee shall guide the Child Maltreatment Investigations Oversight Committee in its discussion, evaluation, and review of the:

        1. (i) Conduct of child maltreatment investigations completed by the Division of Children and Family Services of the Department of Human Services or the Crimes Against Children Division of the Division of Arkansas State Police; and

        2. (ii) Service delivery to children and families involved in an investigation of child maltreatment.

      2. (B) Guidance from the Chair of the Child Maltreatment Investigations Oversight Committee under subdivision (d)(1)(A) of this section shall include without limitation:

        1. (i) Selection of closed child maltreatment cases to be considered by the Child Maltreatment Investigations Oversight Committee; and

        2. (ii) Criteria by which to evaluate the conduct of child maltreatment investigations and service delivery under subdivisions (d)(1)(A)(i) and (ii) of this section.

    2. (2) A member of the General Assembly may submit a case to the Child Maltreatment Investigations Oversight Committee for discussion, evaluation, and review.

  5. (e) Staff for the meetings of the Child Maltreatment Investigations Oversight Committee shall be provided by the Bureau of Legislative Research.

  6. (f) The following persons may attend a meeting of the Child Maltreatment Investigations Oversight Committee:

    1. (1) No more than three (3) employees of the Department of Human Services who are selected by the Director of the Division of Children and Family Services of the Department of Human Services or by his or her designee who may be selected under subdivision (b)(1)(A) of this section;

    2. (2) No more than three (3) employees of the Crimes Against Children Division of the Division of Arkansas State Police who are selected by the Commander of the Crimes Against Children Division or by his or her designee who may be selected under subdivision (b)(1)(B) of this section;

    3. (3) No more than five (5) members of the General Assembly who are:

      1. (A) Not members of the Child Maltreatment Investigations Oversight Committee; and

      2. (B) Selected by the Chair of the Child Maltreatment Investigations Oversight Committee; and

    4. (4)

      1. (A) A member of the General Assembly who submits a case to the Child Maltreatment Investigations Oversight Committee for discussion, evaluation, and review.

      2. (B) A member of the General Assembly who submits a case to the Child Maltreatment Investigations Oversight Committee shall not participate in any discussion, evaluation, or review of the case that occurs during a meeting of the Child Maltreatment Investigations Oversight Committee.

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