2020 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 18 - Child Maltreatment Act
Subchapter 3 - Child Abuse Hotline
§ 12-18-304. Qualifying reports of certain types of child maltreatment

(a)

1. (1) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur:

   1. (A) Throwing, kicking, burning, biting, or cutting a child;

   2. (B) Striking a child with a closed fist;

   3. (C) Shaking a child four (4) years of age or older; or

   4. (D) Striking a child seven (7) years of age or older on the face or on the head.

2. (2) A report under this subsection shall not be determined to be true unless the child suffered an injury as the result of the act.

(b) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur:

1. (1) Shaking a child three (3) years of age or younger;

2. (2) Striking a child six (6) years of age or younger on the face or on the head;

3. (3) Interfering with a child's breathing; or

4. (4) Pinching, biting, or striking a child in the genital area.

(c)

1. (1) The Child Abuse Hotline shall accept a report of child maltreatment if a child suffers an injury as the result of a restraint.

2. (2) The report shall be determined not to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as provided under this chapter.

(d)

1. (1) The Child Abuse Hotline shall accept a report of child maltreatment involving a bruise to a child even if at the time of the report the bruise is not visible if the bruising occurred:

   1. (A) Within the past fourteen (14) days; and

   2. (B) As a result of child maltreatment as described under subsections (a)-(c) of this section.

2. (2) However, the report under this subsection shall not be determined to be true unless the existence of the bruise is corroborated.

(e) The Child Abuse Hotline shall not accept a report of environmental neglect pertaining to head lice unless the:

1. (1) Head lice is chronic; or

2. (2) Alleged victim currently has sores that require immediate medical attention.

(f) The Child Abuse Hotline shall not accept a report of giving a child or permitting a child to consume or inhale a poisonous or noxious substance as described in § 12-18-103(3)(A)(vii)(f) unless the alleged incident occurred within the previous three (3) months.

(g) The Child Abuse Hotline shall accept a report regarding educational neglect if the:

1. (1) Report alleges that a parent, custodian, or guardian of a child who is at least (6) years of age and under eighteen (18) years of age failed to enroll the child in school and lawfully home-school the child; or

2. (2) Report alleges that:

   1. (A) An act or omission of a parent, custodian, or guardian of a child who is at least six (6) years of age and under eighteen (18) years of age caused the child to be absent from school;

   2. (B) The child's absence from school was not caused by the refusal of the child to attend school;

   3. (C) The child has been habitually absent from school without justification; and

   4. (D) The child's absence from school has had a negative impact on the child's performance at school.