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12-18-608. Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-18-608. Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender.

12-18-608. Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender. (a) A person conducting an interview with a child victim, sibling of a child victim, or any other children in the home or under the care of an alleged offender shall have the discretion: (1) In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and (2) As it relates to the integrity of the investigation, to limit persons present during an interview. (b)(1) The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender. (2) However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child. (c)(1) If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed. (2) However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-608

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:12-18-608
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c284a78f8a2c869c52246f1c14d59e5239b4ef7e1a239ceadacc72ec3981301b

Source location: content.xml paragraph 9893

Stored source content

12-18-608. Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender. (a) A person conducting an interview with a child victim, sibling of a child victim, or any other children in the home or under the care of an alleged offender shall have the discretion: (1) In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and (2) As it relates to the integrity of the investigation, to limit persons present during an interview. (b)(1) The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender. (2) However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child. (c)(1) If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed. (2) However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.

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