12-18-402. Mandated reporters.

12-18-402. Mandated reporters. (a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she: (1) Has reasonable cause to suspect that a child has: (A) Been subjected to child maltreatment; (B) Died as a result of child maltreatment; or (C) Died suddenly and unexpectedly; or (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment. (b) The following individuals are mandated reporters under this chapter: (1) A child care worker or foster care worker; (2) A coroner; (3) A day care center worker; (4) A dentist; (5) A dental hygienist; (6) A domestic abuse advocate; (7) A domestic violence shelter employee; (8) A domestic violence shelter volunteer; (9) An employee of the Department of Human Services; (10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment; (11) A foster parent; (12) A judge; (13) A law enforcement official; (14) A licensed nurse; (15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons; (16) A mental health professional or paraprofessional; (17) An osteopath; (18) A peace officer; (19) A physician; (20) A prosecuting attorney; (21) A resident intern; (22) A public or private school counselor; (23) A school official, including without limitation institutions of higher education; (24) A social worker; (25) A surgeon; (26) A teacher; (27) A court-appointed special advocate program staff member or volunteer; (28) A juvenile intake or probation officer; (29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member: (A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission; (30) An employee of a child advocacy center or a child safety center; (31) An attorney ad litem in the course of his or her duties as an attorney ad litem; (32)(A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families. (B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency; (33) A rape crisis advocate or rape crisis volunteer; (34)(A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families. (B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency; (35) A victim/witness coordinator; (36) A victim assistance professional or victim assistance volunteer; (37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police; (38) An employee of a reproductive healthcare facility; (39) A volunteer at a reproductive healthcare facility; (40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital; and (41) A Child Welfare Ombudsman. (c)(1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section. (2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline. (3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline. (d) A mandated reporter who in good faith notifies the Child Abuse Hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.