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Legislation Related to Child Maltreatment
INVESTIGATION; EXAMINATIONS OF CHILDREN
(Ark. Code Ann. § 12-12-509)
(a)(1) The
Department of Human Services shall cause an investigation to be made upon
receiving initial notification of suspected child maltreatment.
(2)(A) All
investigations shall begin within seventy-two (72) hours.
(B) However, if
the notice contains an allegation of severe maltreatment then the department
shall immediately notify law enforcement, and the department shall initiate an
investigation in cooperation with law enforcement agencies and the prosecuting
attorney within twenty-four (24) hours.
(3)(A) The
prosecuting attorney may provide written notice to the department, that the
department does not need to provide notification of the initial maltreatment
report to the prosecuting attorney's office.
(B) Upon
receiving the notification, the department shall not be required to provide
notification of the initial maltreatment report to the prosecuting attorney's
office.
(b) The
investigation shall seek to ascertain:
(1) The
existence, cause, nature, and extent of the child maltreatment;
(2) The
existence and extent of previous injuries;
(3) The identity
of the person responsible therefor;
(4) The names
and conditions of other children in the home;
(5) The
circumstances of the parents or caretakers of the child;
(6) The
environment where the child resides;
(7) The
relationship of the child or children with the parents or caretakers; and
(8) All other
pertinent data.
(c)(1)(A) The
investigation shall include interviews with the parents.
(B) If neither
parent is the alleged offender, the investigation shall also include an
interview with the alleged offender.
(C) The
investigation shall include an interview with any other relevant persons.
(2)(A) The
investigation shall include an interview with the child separate and apart from
the alleged offender or any representative or attorney for the alleged offender.
(B) However, if
the age or abilities of the child render an interview impossible, the
investigation shall include observation of the child.
(3) The
investigation may include a physical examination, radiology procedures,
photographs, and a psychological or psychiatric examination of all children
subject to the care, custody, or control of the same caretaker.
(4) If, after
exercising reasonable diligence in conducting any or all interviews, the
subjects of the interviews cannot be located or are unable to communicate, the
efforts to conduct such interviews shall be documented and the investigation
shall proceed pursuant to this subchapter.
(d)(1) An
investigative determination shall be made in each investigation within thirty
(30) days regardless of whether the investigation is conducted by the Department
of Human Services, the Family Protection Unit of the Department of Arkansas
State Police, or local law enforcement.
(2) However,
this procedural requirement shall not be considered as a factor to alter the
investigative determination in any judicial or administrative proceeding.
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Center for Children at Risk
University of Arkansas for Medical Sciences
Department of Pediatrics
Arkansas Children's Hospital
800 Marshall St.
Little Rock, AR 72202
(501) 364-1013
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