Legislation Related to Child Maltreatment

REPORTING SUSPECTED MALTREATMENT / MANDATED / REPORTERS LIABILITY

 Ark. Code Ann. § 12-12-504 - Penalties for Failure to Report

 (a)(1) Any person, official, or institution negligently or willfully failing to make notification when required by this subchapter shall be guilty of a Class C misdemeanor.

 (2) Any person, official, or institution willfully making false notification pursuant to this subchapter, knowing such allegations to be false, shall be guilty of a Class A misdemeanor.

 (3) Any person, official, or institution willfully making false notification pursuant to this subchapter, knowing such allegations to be false, and who has been previously convicted of making

willful false allegations shall be guilty of a Class D felony.

 (b) Any person, official, or institution required by this subchapter to make notification of suspected child maltreatment who willfully fails to do so shall be civilly liable for damages proximately caused by that failure.

 (c) Any person who willfully permits, and any other person who encourages, the release of data or information contained in the central registry to persons to whom disclosure is not permitted by this subchapter shall be guilty of a Class A misdemeanor.

 (d) Judges or prosecuting attorneys who fail to make notification when required by this subchapter shall not be subject to any of the penalties outlined in this subchapter.

 Ark. Code Ann. § 12-12-507 - Who Must Report 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 who observes the child being subjected to conditions or circumstances which would reasonably result in child maltreatment, he or she shall immediately notify the child abuse hotline.

 (1) Any child 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 Division of Youth Services of the Department of Human Services;

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

(10) A family service worker;

(11) A judge;

(12) A law enforcement official;

(13) A licensed nurse;

(14) Any medical personnel who may be engaged in 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; or

(25) A teacher.

 (c) No privilege or contract shall relieve anyone required by this subchapter to make notification of the requirement of making notification.

 Ark. Code Ann. § 12-12-603 - Contents and Time of Report

 The report shall be made immediately upon the nature of the injury being ascertained, shall be by telephone if possible and practicable, otherwise by writing, and shall contain the name, age, sex, race, and location of the person so injured, together with names of persons bringing the patient in for treatment, if any.  Written report under this subchapter shall not be compliance unless speedier means of transmitting the notice are not available, are impractical, or are incapable of reaching the officer, or one (1)of them.

 Ark. Code Ann. § 12-12-517 - Reporting Liability

 (a)     Any person or agency required to participate and acting in good faith in making notification, the taking of photographs or x rays, or the removal of a child while exercising protective services shall be immune to suit and to liability, both civil and criminal.

 (b)     All persons making notification not named in this section, if acting in good faith, shall be immune from liability.

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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