Child Maltreatment Act

Arkansas · Law Enforcement, Emergency Management, and Military Affairs · §§ 12-18-1001 to 12-18-911 · 121 sections

Overview

The Child Maltreatment Act governs how reports of child abuse and neglect in Arkansas are received, investigated, and resolved, and how children are protected while that process runs. It sets out mandatory reporting duties and the criminal and civil penalties for failing to report, making a false report, restricting reporting, or improperly disclosing case information, and it establishes protective custody, removal, placement, and family-services procedures for children found to be at risk. It also governs the confidentiality of investigative records — including special disclosure rules for cases involving a child fatality or near fatality — and authorizes rulemaking and cooperative agreements to carry the scheme out.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 41 court decisions.

Most-cited authority: 267 FSUPP3D 1024 - Hopkins v. Jegley

Sections covered

Ark. Code Ann. § 12-18-1001Protective custody generally3 cites
Ark. Code Ann. § 12-18-1002Placement in a foster home
Ark. Code Ann. § 12-18-1003Consent for health care and services
Ark. Code Ann. § 12-18-1004Notice when custody is invoked
Ark. Code Ann. § 12-18-1005Location
Ark. Code Ann. § 12-18-1006Custody of children generally — Health and safety of the child
Ark. Code Ann. § 12-18-1007Services to families generally
Ark. Code Ann. § 12-18-1008Removal from home — Procedure
Ark. Code Ann. § 12-18-1009When the investigation determines that the child can safely remain at home
Ark. Code Ann. § 12-18-101Title2 cites
Ark. Code Ann. § 12-18-1010When a child maltreatment investigation is determined to be true or true but exempted
Ark. Code Ann. § 12-18-1011When a report of child maltreatment is determined to be unsubstantiated
Ark. Code Ann. § 12-18-102Purpose1 cite
Ark. Code Ann. § 12-18-103Definitions9 cites
Ark. Code Ann. § 12-18-104Confidentiality2 cites
Ark. Code Ann. § 12-18-105Rules
Ark. Code Ann. § 12-18-106Cooperative agreements
Ark. Code Ann. § 12-18-107Liability
Ark. Code Ann. § 12-18-108Maintenance of forensic samples from abortions performed on a child1 cite
Ark. Code Ann. § 12-18-1101Procedure if the investigation is pending on a fatality
Ark. Code Ann. § 12-18-1102Procedure if the investigation results in a true report related to a fatality
Ark. Code Ann. § 12-18-1103Procedure if the investigation results in an unsubstantiated report related to a fatality
Ark. Code Ann. § 12-18-1104Information not to be released regarding a child fatality
Ark. Code Ann. § 12-18-1105Procedure if the investigation is pending related to a near fatality
Ark. Code Ann. § 12-18-1106Procedure if the investigation results in a true report related to a near fatality
Ark. Code Ann. § 12-18-1107Procedure if the investigation results in an unsubstantiated report related to a near fatality
Ark. Code Ann. § 12-18-1108Information not to be released regarding the near fatality of a child
Ark. Code Ann. § 12-18-1201Definition
Ark. Code Ann. § 12-18-1202Training regarding sexually exploited children
Ark. Code Ann. § 12-18-201Failure to notify by a mandated reporter in the first degree1 cite
Ark. Code Ann. § 12-18-202Failure to notify by a mandated reporter in the second degree
Ark. Code Ann. § 12-18-203Making a false report under this chapter1 cite
Ark. Code Ann. § 12-18-204Unlawful restriction of child abuse reporting
Ark. Code Ann. § 12-18-205Unlawful disclosure of data or information under this chapter
Ark. Code Ann. § 12-18-206Civil liability for failure to report
Ark. Code Ann. § 12-18-207Judicial and prosecutorial disclosure
Ark. Code Ann. § 12-18-208Subsequent disclosure by a subject of a report
Ark. Code Ann. § 12-18-209Imposition of penalties
Ark. Code Ann. § 12-18-210Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent
Ark. Code Ann. § 12-18-301Creation
Ark. Code Ann. § 12-18-302Reports by mandated reporters
Ark. Code Ann. § 12-18-303Minimum requirements for a report to be accepted
Ark. Code Ann. § 12-18-304Qualifying reports of certain types of child maltreatment
Ark. Code Ann. § 12-18-305Garrett's Law reports
Ark. Code Ann. § 12-18-306Reports naming an adult as the victim1 cite
Ark. Code Ann. § 12-18-307Reports alleging Munchausen syndrome by proxy or factitious illness
Ark. Code Ann. § 12-18-308Reports of injury to a child's intellectual, emotional, or psychological development
Ark. Code Ann. § 12-18-309Reports alleging that a child is disrupting his or her adoption or is a dependent juvenile
Ark. Code Ann. § 12-18-310Referrals on children born with and affected by fetal alcohol spectrum disorder or prenatal drug exposure to an illegal drug or a legal substance
Ark. Code Ann. § 12-18-401Generally1 cite
Ark. Code Ann. § 12-18-402Mandated reporters4 cites
Ark. Code Ann. § 12-18-501Notice of a report to the Child Abuse Hotline
Ark. Code Ann. § 12-18-502Release and disclosure of data generally
Ark. Code Ann. § 12-18-503Notification generally
Ark. Code Ann. § 12-18-504Notification in cases of reports of severe maltreatment
Ark. Code Ann. § 12-18-505Notification to the child's school
Ark. Code Ann. § 12-18-506Notice when the alleged offender works with children, the elderly, an individual with a disability, an individual with a mental illness, is engaged in child-related activities, or is a juvenile
Ark. Code Ann. § 12-18-507Notice when the alleged victim is a resident of a facility licensed, registered, or operated by the state
Ark. Code Ann. § 12-18-508Notice to United States military organizations of alleged child maltreatment — Definitions
Ark. Code Ann. § 12-18-601Assignment to investigative agency
Ark. Code Ann. § 12-18-602Initiation of the investigation
Ark. Code Ann. § 12-18-603Accompaniment by law enforcement
Ark. Code Ann. § 12-18-604Services during the investigation
Ark. Code Ann. § 12-18-605Investigative interviews1 cite
Ark. Code Ann. § 12-18-606When the alleged offender is a family member, a fictive kin, or lives in the home with the alleged victim1 cite
Ark. Code Ann. § 12-18-607When the alleged offender is neither a family member nor a fictive kin and not living in the home with the alleged victim
Ark. Code Ann. § 12-18-608Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender1 cite
Ark. Code Ann. § 12-18-609Right to enter for the purposes of the investigation1 cite
Ark. Code Ann. § 12-18-610Access to the child's school records
Ark. Code Ann. § 12-18-611Inspection of personnel and volunteer records
Ark. Code Ann. § 12-18-612Criminal background check
Ark. Code Ann. § 12-18-613Access to miscellaneous records
Ark. Code Ann. § 12-18-614Submission to a physical exam or other testing
Ark. Code Ann. § 12-18-615Radiology procedures, photographs, electronic media, and medical records
Ark. Code Ann. § 12-18-616Timing
Ark. Code Ann. § 12-18-617Authority to pursue other remedies
Ark. Code Ann. § 12-18-618Religious bias prohibited
Ark. Code Ann. § 12-18-619Closing investigations
Ark. Code Ann. § 12-18-620Release of information on pending investigation
Ark. Code Ann. § 12-18-621Right to obtain records during course of the investigation
Ark. Code Ann. § 12-18-622Access to the controlled substance database
Ark. Code Ann. § 12-18-623[Repealed.]
Ark. Code Ann. § 12-18-701Generally1 cite
Ark. Code Ann. § 12-18-702Investigative determination1 cite
Ark. Code Ann. § 12-18-703Notice generally1 cite
Ark. Code Ann. § 12-18-704Notice if the investigative determination is true but exempted and the alleged offender is a child
Ark. Code Ann. § 12-18-705Notice if the alleged offender is at least fourteen years of age and less than eighteen years of age
Ark. Code Ann. § 12-18-706Notice if the alleged offender is eighteen years of age or older1 cite
Ark. Code Ann. § 12-18-707Notice when the alleged offender works with children, the elderly, an individual with a disability, or an individual with a mental illness, is engaged in child-related activities, or is a juvenile
Ark. Code Ann. § 12-18-708Miscellaneous notice requirements
Ark. Code Ann. § 12-18-709Confidentiality
Ark. Code Ann. § 12-18-710Release of information on true investigative determination pending due process
Ark. Code Ann. § 12-18-711Fee for copying investigative file
Ark. Code Ann. § 12-18-712Mental health services for alleged sex offenders under eighteen years of age and the victim
Ark. Code Ann. § 12-18-713Reports on overturned true determinations
Ark. Code Ann. § 12-18-801Time to complete administrative hearing2 cites
Ark. Code Ann. § 12-18-802Subpoenas — Service upon a child
Ark. Code Ann. § 12-18-803Privileged communications as evidence — Exception
Ark. Code Ann. § 12-18-804Defenses and affirmative defenses2 cites
Ark. Code Ann. § 12-18-805Video teleconferencing and teleconferencing options
Ark. Code Ann. § 12-18-806Continuances
Ark. Code Ann. § 12-18-807Administrative judgments and adjudications1 cite
Ark. Code Ann. § 12-18-808Notice of juvenile division circuit court proceedings
Ark. Code Ann. § 12-18-809Confidentiality
Ark. Code Ann. § 12-18-810Authority to amend investigative determinations based on evidence
Ark. Code Ann. § 12-18-811Expedited administrative hearings — Definition
Ark. Code Ann. § 12-18-812Preliminary administrative hearing
Ark. Code Ann. § 12-18-813Notice of investigative determination upon satisfaction of due process
Ark. Code Ann. § 12-18-814Automatic hearings for juveniles
Ark. Code Ann. § 12-18-815Adjudication of allegations and risk
Ark. Code Ann. § 12-18-901Creation
Ark. Code Ann. § 12-18-902Contents
Ark. Code Ann. § 12-18-903Placement in the Child Maltreatment Central Registry1 cite
Ark. Code Ann. § 12-18-904Child Maltreatment Central Registry generally
Ark. Code Ann. § 12-18-905Provisional placement in the Child Maltreatment Central Registry
Ark. Code Ann. § 12-18-906Allegations determined to be unsubstantiated not to be included
Ark. Code Ann. § 12-18-907Rules
Ark. Code Ann. § 12-18-908Removal of name from the Child Maltreatment Central Registry
Ark. Code Ann. § 12-18-909Availability of true reports of child maltreatment from the central registry
Ark. Code Ann. § 12-18-910Availability of screened-out and unsubstantiated reports1 cite
Ark. Code Ann. § 12-18-911Records — Subpoena duces tecum — Definitions

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