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12-18-813. Notice of investigative determination upon satisfaction of due process.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-813. Notice of investigative determination upon satisfaction of due process.
(a)(1) Due process has been satisfied when:
(A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing;
(B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or
(C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision.
(2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry.
(b)(1) Upon satisfaction of due process and if the investigative determination is true, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the child.
(2) Upon completion of due process, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the Department of Human Services’ and the Divisio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-813
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:12-18-813
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5c1bbfb80146bb980845ebd4306d08f0cc3e469002ee8e97e076668ba9f3560c
Source location: content.xml paragraph 10615
Stored source content
12-18-813. Notice of investigative determination upon satisfaction of due process.
(a)(1) Due process has been satisfied when:
(A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing;
(B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or
(C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision.
(2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry.
(b)(1) Upon satisfaction of due process and if the investigative determination is true, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the child.
(2) Upon completion of due process, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the Department of Human Services’ and the Division of Arkansas State Police's true investigative determination on any child ten (10) years of age or older who is named as the offender in a true report and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the juvenile offender.
(3) Any local educational agency receiving information under this section from the Department of Human Services and the Division of Arkansas State Police shall make this information, if it is a true report, confidential and a part of the child's permanent educational record and shall treat information under this section as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
(c)(1) Upon satisfaction of due process and if the investigative determination is true, if the offender is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Division of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the offender appear to be at risk of maltreatment by the offender, the Department of Human Services or the Division of Arkansas State Police may notify the following of the investigative determination:
(A) The offender's employer;
(B) A school superintendent, principal, or a person in an equivalent position where the offender is employed;
(C) A person in charge of a paid or volunteer activity;
(D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; and
(E) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender.
(2) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules that shall ensure that notification required under this subsection is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before the notification is made.
(3) If the Department of Human Services and the Division of Arkansas State Police later determine that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified person or entity of that information.
(4)(A) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge of the investigative determination if:
(i) The investigative determination is true; and
(ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk.
(B) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made.
(C) If the Department of Human Services and the Division of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified entity or person of that information.
(d) Upon satisfaction of due process, if the victim or offender is in foster care, notification of the investigative determination shall be provided to:
(1) The legal parents, legal guardians, and current foster parents of the victim; and
(2) The attorney ad litem and court-appointed special advocate volunteer for the victim or offender.
(e) Upon satisfaction of due process, notification of the investigative determination shall be provided to the following:
(1) All subjects of the report; and
(2) As required by § 21-15-110, the employer of any offender if the offender is in a designated position with a state agency.
(f) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police shall confirm the investigative determination to the following, upon request:
(1) The responsible multidisciplinary team;
(2) The juvenile division of circuit court, if the victim or offender has an open dependency-neglect or family in need of services case;
(3) The attorney ad litem for a child who is named as the victim or offender;
(4) The Court Appointed Special Advocates volunteer for a child named as the alleged victim or offender;
(5) Any licensing or registering authority if it is necessary to carry out its official responsibilities;
(6) Any Department of Human Services division director or facility director receiving notice of a Child Abuse Hotline report under this subchapter;
(7) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home;
(8) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client;
(9) A child safety center if involved in the investigation;
(10) Law enforcement;
(11) The prosecuting attorney in cases of severe maltreatment;
(12) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508; and
(13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility.
(g) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the persons or entities listed in subsection (f) of this section of the investigative determination if the Department of Human Services and the Division of Arkansas State Police determine that the notification is necessary to accomplish the purposes of § 12-18-102.
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Federal law — U.S. Code and appendices · legal_authorities
All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232g
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 906
TITLE 20—EDUCATION
§ 1232f
Editorial Notes
PRIOR PROVISIONS
A prior section 1232e, Pub. L. 90–247, title IV, § 436,
formerly § 426, as added Pub. L. 91–230, title IV,
§ 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436,
Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat.
326, related to authority of Commissioner to vest title
in equipment, prior to repeal by section 1231(a)(3) of
Pub. L. 95–561.
A prior section 442 of Pub. L. 90–247 was classified to
section 1233a of this title prior to repeal by Pub. L.
103–382.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub-
stituted ‘‘that local educational agency’’ for ‘‘that
local education agency’’.
Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted
comma after ‘‘program’’.
Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub-
stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap-
pearing.
Pub. L. 103–382, § 212(b)(3)(B), made technical amend-
ment to reference to section 1232f of this title to reflect
renumbering of corresponding section of original act.
Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub-
stituted ‘‘individuals with disabilities’’ for ‘‘handi-
capped individuals’’.
1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–511 effective Oct. 19, 1984,
see section 711(a) of Pub. L. 98–511, set out as a note
under section 1226c of this title.
EFFECTIVE DATE
Section effective with respect to appropriations for
fiscal year 1980 and subsequent fiscal years, see section
1261 of Pub. L. 95–561, set out as a note under section
1232c of this title.
PART 4—RECORDS; PRIVACY; LIMITATION ON
WITHHOLDING FEDERAL FUNDS
§ 1232f. Records
(a) Records
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232g
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-102. Purpose.
The purpose of this chapter is to:
(1) Provide a system for the reporting of known or suspected child maltreatment;
(2) Ensure the immediate screening, safety assessment, and prompt investigation of reports of known or suspected child maltreatment;
(3) Ensure that immediate steps are taken to:
(A) Protect a maltreated child and any other child under the same care who may also be in danger of maltreatment; and
(B) Place a child whose health or physical well-being is in immediate danger in a safe environment;
(4) Provide immunity from criminal prosecution for an individual making a good faith report of suspected child maltreatment;
(5) Preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians;
(6) Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation, assessment, prosecution, and treatment of child maltreatment; and
(7) Stabilize the home environment if a child's health and safety are not at risk.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-102
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 12-18-102. This identifies an authority to review, not proof of applicability.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-15-110. Notice to employer.
(a) If a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a designated position, the investigating agency shall immediately notify the employer of that state employee.
(b) The employer shall immediately discharge the employee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-15-110
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 21-15-110. This identifies an authority to review, not proof of applicability.