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 7 - Investigative Findings
§ 12-18-701. Generally

Universal Citation: AR Code § 12-18-701 (2020)
  1. (a) The agency responsible for an investigation under this chapter shall make a complete written report at the conclusion of the investigation.

  2. (b) The report of the investigation shall include the following information:

    1. (1) The names and addresses of the child and his or her legal parents and other caretakers of the child, if known;

    2. (2) The child's age, sex, and race;

    3. (3) The nature and extent of the child's present and past injuries;

    4. (4) The investigative determination;

    5. (5) The nature and extent of the child maltreatment, including any evidence of previous injuries or child maltreatment to the child or his or her siblings;

    6. (6) The name and address of the person responsible for the injuries or child maltreatment, if known;

    7. (7) Services offered and accepted;

    8. (8) Family composition;

    9. (9) The source of the notification; and

    10. (10) The person making the notification, his or her occupation, and where he or she can be reached.

  3. (c) The agency responsible for the investigation shall immediately provide the Department of Human Services at no cost a copy of the written report and any information gathered during the course of the investigation, including statements from witnesses and transcripts of interviews.

  4. (d) All information gathered during the course of the investigation shall be contained in the file of the department whether or not the information supports the investigative determination.

  5. (e)

    1. (1) The department shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.

    2. (2) However, the information shall be disclosed to the prosecuting attorney or law enforcement officers on request.

  6. (f) The report, exclusive of information identifying the person making the notification, shall be admissible in evidence in any proceeding related to child maltreatment.

  7. (g) Notwithstanding any provision of the Arkansas Rules of Evidence, any privilege between a minister and any person confessing to or being counseled by the minister shall not constitute grounds for excluding evidence at any dependency-neglect proceeding or proceedings involving custody of a child.

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