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Legislation Related to Child Maltreatment
PRIVILEGED
COMMUNICATIONS
(ARK. CODE ANN. § 12-12-518)
(a) It
is the public policy of the State of Arkansas to protect the health, safety, and
the welfare of minors within the state.
(b) In order to
effectuate that policy:
(1)(A) No
privilege shall prevent anyone from reporting child maltreatment when the
information is obtained from a child.
(B) No privilege
shall prevent anyone, except between a lawyer and client or between a minister,
including a Christian Science practitioner, and any person confessing to or
being counseled by the minister, from testifying concerning child maltreatment
when the information is obtained from a child;
(2) No
privilege, except between a lawyer and client or between a minister, including a
Christian Science practitioner, and any person confessing to or being counseled
by the minister, shall prevent anyone from reporting or testifying concerning
child maltreatment when the information is obtained from an adult;
(3) When any
physician, psychologist, psychiatrist, or licensed counselor or therapist
conducts interviews with or provides therapy to any subject of a report of
suspected child maltreatment for purposes related to child maltreatment, the
physician, psychologist, psychiatrist, or licensed counselor or therapist shall
be deemed to be performing services on behalf of the child;
(4) Adult
subjects of a report of suspected child maltreatment cannot invoke privilege on
the child's behalf; and
(5) Transcripts
of testimony introduced in a child maltreatment proceeding pursuant to this
section shall not be received into evidence in any other civil or criminal
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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