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9-28-120. Public disclosure of information on deaths and maltreatment.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-120. Public disclosure of information on deaths and maltreatment.
(a)(1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the hotline.
(2) The notice of a reported fatality or near fatality of a child shall state the:
(A) Age, race, and gender of the child;
(B) Date of the child's death or incident;
(C) Allegations or preliminary cause of death or incident;
(D) County and type of placement of the child at the time of incident;
(E) Generic relationship of the alleged offender to the child;
(F) Agency conducting the investigation;
(G) Legal action by the department; and
(H) Services offered or provided by the department presently and in the past.
(3) The notice of a fatality of a child shall also include the name of the child.
(4) The department shall not put on the web page any:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(5) The department may elect not to place notice on the department's web page if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(b)(1) Upon request, the department shall release the following information to the general public when a hotline report is received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-120
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:9-28-120
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 89da282db20e0d0d3b34675bf7f51d62aea1b3c96dd54b8535ff2f56740e5744
Source location: content.xml paragraph 19722
Stored source content
9-28-120. Public disclosure of information on deaths and maltreatment.
(a)(1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the hotline.
(2) The notice of a reported fatality or near fatality of a child shall state the:
(A) Age, race, and gender of the child;
(B) Date of the child's death or incident;
(C) Allegations or preliminary cause of death or incident;
(D) County and type of placement of the child at the time of incident;
(E) Generic relationship of the alleged offender to the child;
(F) Agency conducting the investigation;
(G) Legal action by the department; and
(H) Services offered or provided by the department presently and in the past.
(3) The notice of a fatality of a child shall also include the name of the child.
(4) The department shall not put on the web page any:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(5) The department may elect not to place notice on the department's web page if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(b)(1) Upon request, the department shall release the following information to the general public when a hotline report is received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department:
(A) Age, race, and gender of the child;
(B) Allegations of maltreatment;
(C) County and placement of the child at the time of the incident;
(D) Generic relationship of the alleged offender to the child; and
(E) Action taken by the department.
(2) The department shall not release:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(3) The department shall not release any information if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(c)(1) Upon request, the department shall release the following information when a child dies if that child was in an out-of-home placement as defined under § 9-27-303(40):
(A) Age, race, and gender of the child;
(B) Date of the child's death;
(C) Preliminary cause of death;
(D) County and type of placement of the child at the time of the incident; and
(E) Action by the department.
(2) The department shall not release:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(3) The department shall not release any information if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-101. Title.
This chapter shall be known and may be cited as the “Child Maltreatment Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-101
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 12-18-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-303. Definitions.
As used in this subchapter:
(1) “Abandoned infant” means a juvenile less than nine (9) months of age whose parent, guardian, or custodian left the child alone or in the possession of another person without identifying information or with an expression of intent by words, actions, or omissions not to return for the infant;
(2)(A) “Abandonment” means:
(i) The failure of the parent to provide reasonable support for a juvenile and to maintain regular contact with a juvenile 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;
(ii) The failure of a parent to support or maintain regular contact with a child without just cause; or
(iii) An articulated intent to forego parental responsibility.
(B) “Abandonment” does not include a situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;
(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 juvenile's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible for the juvenile's welfare:
(i) Extreme or repeated cruelty to a juvenile;
(ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ;
(iii) Injury to a juvenile's intellectual,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-303
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 9-27-303. This identifies an authority to review, not proof of applicability.