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12-18-702. Investigative determination.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-702. Investigative determination.
(a) Upon completion of an investigation under this chapter, the Department of Human Services and the Division of Arkansas State Police shall determine whether the allegations of child maltreatment are:
(1)(A) Unsubstantiated.
(B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
(2)(A) True.
(B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence;
(3)(A) True but exempted.
(B) A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
(ii) The offender is an underaged juvenile offender;
(iii) The report was true for neglect as defined under § 12-18-103(14)(B); or
(iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or
(4)(A) Inactive.
(B) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.
(b) An investigation of a report of child maltreatment that is closed under § 12-18-601 shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive.
(c)(1) If the Department of Human Services or the Division of Arkansas State Police determines that a report
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-702
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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Stable record: arkansas_code:legal_authorities:12-18-702
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9d101f380b7c9ccd323ff2361697b2dc9f8b9eb789356c34e2f7cb2ee22c9f64
Source location: content.xml paragraph 10131
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12-18-702. Investigative determination.
(a) Upon completion of an investigation under this chapter, the Department of Human Services and the Division of Arkansas State Police shall determine whether the allegations of child maltreatment are:
(1)(A) Unsubstantiated.
(B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
(2)(A) True.
(B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence;
(3)(A) True but exempted.
(B) A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
(ii) The offender is an underaged juvenile offender;
(iii) The report was true for neglect as defined under § 12-18-103(14)(B); or
(iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or
(4)(A) Inactive.
(B) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.
(b) An investigation of a report of child maltreatment that is closed under § 12-18-601 shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive.
(c)(1) If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.
(2)(A) The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment.
(B) The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population:
(i) The severity of the child maltreatment;
(ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment;
(iii) The access the offender has to a vulnerable population;
(iv) Any previous substantiated child maltreatment findings against the offender;
(v) A subsequent report of child maltreatment alleged against the offender; and
(vi) The criminal history of the offender.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-103. Definitions.
As used in this chapter:
(1)(A) “Abandonment” means:
(i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or
(ii) An articulated intent to forego parental responsibility.
(B) “Abandonment” does not include:
(i) Acts or omissions of a parent toward a married minor; or
(ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;
(2)(A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.
(B) “Abortion” does not mean the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy if done with the intent to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy;
(3)(A) “Abuse” means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the child's care by a parent, guardian, cust
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-103
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. The source passage cites 12-18-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-601. Assignment to investigative agency.
(a)(1) If a report of child maltreatment is accepted by the Child Abuse Hotline, an investigation shall be conducted under procedures established by the Department of Human Services.
(2) The procedures established by the Department of Human Services shall require the:
(A) Assignment of a report of child maltreatment to the Department of Human Services or the Division of Arkansas State Police as the investigating agency;
(B) Assignment of a report of child maltreatment to the Division of Arkansas State Police if the report involves:
(i) Severe maltreatment;
(ii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of the Department of Human Services; or
(iii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of an employee of the Department of Human Services or another person who resides in the home of an employee of the Department of Human Services; and
(C) Assignment of a report of child maltreatment that qualifies for triage procedures that are developed and implemented under this section and as prescribed by triage procedures in lieu of an assignment for investigation by the Department of Human Services or the Division of Arkansas State Police.
(b)(1)(A) After the assignment of a report of child maltreatment, the investigating agency shall initiate an investigation as provided under this subchapter.
(B) After initiating the investigation and interviewing the alleged victim, the investigating agency shall review the report of child maltreatment to determine if the investigation should be administratively closed under § 12-18-702 without complying with the requirements of this subchapter
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-601
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. The source passage cites 12-18-601. This identifies an authority to review, not proof of applicability.