Arkansas Child Abuse Reporting Statute

ARKANSAS CODE

TITLE 12. Law Enforcement, Emergency Management, and Military Affairs.

Subtitle 2. Law Enforcement Agencies and Programs.

Chapter 12. Crime Reporting and Investigations.

Subchapter 5. Child Abuse Reporting.

§ 507. Reports of suspected abuse or neglect

(a) Any person with reasonable cause to suspect child maltreatment or that a child has died as a result of child maltreatment, or who observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment, may immediately notify the child abuse hotline.

(b) When any of the following has reasonable cause to suspect that a child has been subjected to child maltreatment or has died as a result of child maltreatment or observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment, he or she shall immediately notify the child abuse hotline:

(1) Any child care worker or foster care worker;

(2) A coroner;

(3) A day care center worker;

(4) A dentist;

(5) A domestic abuse advocate;

(6) A domestic violence shelter employee;

(7) A domestic violence shelter volunteer;

(8) An employee of the Department of Human Services;

(9) An employee working under contract for the Division of Youth Services of the Department of Human Services;

(10) Any foster parent;

(11) A judge;

(12) A law enforcement official;

(13) A licensed nurse;

(14) Any medical personnel who may be engaged in the admission, examination, care, or treatment of persons;

(15) A mental health professional;

(16) An osteopath;

(17) A peace officer;

(18) A physician;

(19) A prosecuting attorney;

(20) A resident intern;

(21) A school counselor;

(22) A school official;

(23) A social worker;

(24) A surgeon;

(25) A teacher;

(26) A court-appointed special advocate program staff member or volunteer;

(27) A juvenile intake or probation officer; or

(28) Any clergyman, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent he or she:

(A) Has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or

(B) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission.

(c) No privilege or contract shall prevent anyone from reporting child maltreatment when he or she is a mandated reporter as required by this section.

(d) In the event that the child abuse hotline receives notification that a client or a resident of any facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at such a facility, the Department of Human Services shall immediately notify that facility's licensing or registering authority of its receipt of initial notification of suspected maltreatment.

(e)(1) When a person, agency, corporation, or partnership then providing substitute care for any child in the custody of the Department of Human Services or a Department of Human Services employee or employee's spouse or other person residing in the home is reported as being suspected of child maltreatment, the investigation shall be conducted pursuant to procedures established by the Department of Human Services.

(2)(A) Such procedures shall include referral of allegations to the Department of Arkansas State Police or appropriate law enforcement agency should the allegation involve severe maltreatment.

(B) The investigating agency shall immediately notify local law enforcement of all reports of severe maltreatment.

(f)(1) The child abuse hotline shall accept a report when the allegations, if true, would constitute child maltreatment as defined in § 12-12-503(6) and as long as sufficient identifying information is provided to identify and locate the child or the family.

(2) The child abuse hotline shall accept a report of physical abuse if any of the following intentional or knowing acts are alleged to occur, but the report shall not be determined to be true unless the child suffered an injury as the result of the act:

(A) Throwing, kicking, burning, biting, or cutting a child;

(B) Striking a child with a closed fist;

(C) Shaking a child age four (4) or older; or

(D) Striking a child age seven (7) or older on the face or on the head.

(3) The child abuse hotline shall accept a report of physical abuse if any of the following intentional or knowing acts are alleged to occur:

(A) Shaking a child age three (3) or younger;

(B) Striking a child age six (6) or younger on the face or on the head;

(C) Interfering with a child's breathing; or

(D) Pinching or striking a child in the genital area.

(4)(A) The child abuse hotline shall accept a report of physical abuse if a child suffers an injury as the result of a restraint.

(B) The report shall be determined not to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as provided in § 12-12-503(2)(C)(ii).

(g)(1) The child abuse hotline shall accept a report if the child or the child's family is present in Arkansas or the incident occurred in Arkansas.

(2) If the child or the child's family resides in another state, the hotline shall screen out the report, transfer the report to the hotline of the state where the child or the child's family resides or the incident occurred, and send a copy to the appropriate investigating agency in Arkansas to initiate courtesy interviews.

(3) If the incident occurred in Arkansas and the victim, offender, or parents no longer reside in Arkansas, the hotline shall accept the report and the Arkansas investigating agency shall contact the other state and request a courtesy interview with the out-of-state subject of the report.

(4)(A) If the hotline receives a report and the alleged offender is a resident of the State of Arkansas and the report of child maltreatment in the state or country in which the act occurred would also be child maltreatment in Arkansas at the time the incident occurred, the hotline shall refer the report to the appropriate investigating agency within the state so that the Arkansas investigative agency can investigate, alone or in concert with the investigative agency of any other state or country that may be involved.

(B) The Arkansas investigating agency shall make an investigative determination and shall provide notice to the alleged offender that, if the allegation is determined to be true, the offender's name will be placed in the central registry.

(C) The other state may also conduct an investigation in this state that results in the offender's being named in a true report in that state and placed in the Central Registry of that state.

(h) The child abuse hotline shall accept telephone calls or other communications alleging that a child is dependent-neglected, as defined in § 9-27-303(17), and shall immediately refer this information to the Department of Human Services.