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12-18-903. Placement in the Child Maltreatment Central Registry.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-903. Placement in the Child Maltreatment Central Registry.
(a) An offender's name shall be placed in the Child Maltreatment Central Registry if:
(1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing;
(2) The alleged offender was a child at the time of the act or omission and the child or his or her legal parent or legal guardian waived the administrative hearing;
(3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; or
(4) Upon completion of the administrative hearing process, the Department of Human Services' or Division of Arkansas State Police's investigative determination of true is upheld.
(b) In addition to the requirements of subsection (a) of this section, the name of an offender shall be placed on the Child Maltreatment Central Registry only if the Department of Human Services determines under § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-903
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:12-18-903
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: af9881287ecd2e82756b847a532a768b29279e731cc5b356fcb7c066d4f5c97d
Source location: content.xml paragraph 10742
Stored source content
12-18-903. Placement in the Child Maltreatment Central Registry.
(a) An offender's name shall be placed in the Child Maltreatment Central Registry if:
(1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing;
(2) The alleged offender was a child at the time of the act or omission and the child or his or her legal parent or legal guardian waived the administrative hearing;
(3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; or
(4) Upon completion of the administrative hearing process, the Department of Human Services' or Division of Arkansas State Police's investigative determination of true is upheld.
(b) In addition to the requirements of subsection (a) of this section, the name of an offender shall be placed on the Child Maltreatment Central Registry only if the Department of Human Services determines under § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.
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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.