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12-18-704. Notice if the investigative determination is true but exempted and the alleged offender is a child.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-704. Notice if the investigative determination is true but exempted and the alleged offender is a child.
If the investigative determination of the report was determined true but exempted under § 12-18-702(2)(C)(ii) and the alleged offender is a child at the time the act or omission occurred, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the investigative determination and that the child's name shall not be placed in the Child Maltreatment Central Registry, and the alleged offender may petition for an administrative hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-704
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:12-18-704
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 727d2ac83890b333aa31eb8ea7a7408fda7cfb4b32310374a82299bdf8d8c316
Source location: content.xml paragraph 10201
Stored source content
12-18-704. Notice if the investigative determination is true but exempted and the alleged offender is a child.
If the investigative determination of the report was determined true but exempted under § 12-18-702(2)(C)(ii) and the alleged offender is a child at the time the act or omission occurred, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the investigative determination and that the child's name shall not be placed in the Child Maltreatment Central Registry, and the alleged offender may petition for an administrative hearing.
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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. The source passage cites 12-18-702. This identifies an authority to review, not proof of applicability.