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12-18-709. Confidentiality.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-709. Confidentiality.
(a) Notice of an investigative determination under this chapter is confidential and may be disclosed only as provided in this chapter.
(b)(1) The Department of Human Services and the Division of Arkansas State Police 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) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.
(c)(1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.
(2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the Department of Human Services and the Division of Arkansas State Police.
(d)(1) Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney.
(2) The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations.
(3) Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination.
(e) The Department of Human Services and the Division of Arkansas State Police shal
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-709
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:12-18-709
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1ccbb64e4c898fcde334b76bf35cb97226e4bd8bae8ade32405812373667527f
Source location: content.xml paragraph 10286
Stored source content
12-18-709. Confidentiality.
(a) Notice of an investigative determination under this chapter is confidential and may be disclosed only as provided in this chapter.
(b)(1) The Department of Human Services and the Division of Arkansas State Police 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) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.
(c)(1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.
(2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the Department of Human Services and the Division of Arkansas State Police.
(d)(1) Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney.
(2) The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations.
(3) Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination.
(e) The Department of Human Services and the Division of Arkansas State Police shall notify each subject of the report of the investigative determination whether true or unsubstantiated.
(f) The Department of Human Services and the Division of Arkansas State Police shall notify the alleged offender's legal parents, legal guardians, and foster parents of the investigative determination if the:
(1) Investigative determination is unsubstantiated; and
(2) Alleged offender is:
(A) Under eighteen (18) years of age; and
(B) In foster care.
(g) The Department of Human Services and the Division of Arkansas State Police shall notify any family advocacy program or other person or entity designated by the military authority for the military installation to which notice must be given of child maltreatment investigations under § 12-18-508 of the investigation determination whether true or unsubstantiated.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-508. Notice to United States military organizations of alleged child maltreatment — Definitions.
(a) As used in this section:
(1) “Active duty service member” means a military member on full-time duty in the United States Army, United States Marine Corps, United States Navy, or United States Air Force;
(2) “Child” means a biological child, adopted child, stepchild, foster child, or ward of an active duty service member; and
(3) “Family advocacy program” means a congressionally mandated United States Department of Defense activity implemented through branches of the United States Armed Forces to address domestic abuse and child abuse through prevention, response, clinical assessment, treatment, and related services for active duty service members and their families.
(b) When the Child Abuse Hotline accepts a report involving as an alleged victim a child of an active duty service member, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the active duty service member.
(c) When the Child Abuse Hotline accepts a report involving as an alleged offender a person who is an active duty service member, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the active duty service member.
(d)(1) When the Child Abuse Hotline accepts a report alleging child maltreatment that occurred during an activity conducted or sanctioned by the United States Department of Defense or its subdi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-508
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 12-18-508. This identifies an authority to review, not proof of applicability.