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Arkansas Children's Hospital

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