Title 45 — Juvenile Justice
10 chapters · 136 sections in this title.
A.S.C.A. § 45.2001 Definitions
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As used in this chapter unless the context otherwise requires: (a)( 1) “Abuse” or “child abuse or neglect” means an act or omission in one of the following categories which seriously threatens the health or welfare of a child: (A) when a child exhibits evidence of serious bruisin…
A.S.C.A. § 45.2002 Mandated reports of abuse or neglect
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(a) Any person specified in subsection (b) who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect shall immediat…
A.S.C.A. § 45.2003 Mandatory report to medical examiner-Post-mortem investigations
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Any person who is required by 45.2002 to report known or suspected child abuse or neglect and anyone who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report that fact immediately to the department. The department accepts the report…
A.S.C.A. § 45.2004 Evidence of abuse-Color photographs and X-rays
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(a) Any person who is required, or authorized, by 45.2002 to report known or sus-pected child abuse or neglect who has before him a child he reasonably believes has been abused or neglected may take or cause to be taken color photographs of the areas of trauma visible on the chil…
A.S.C.A. § 45.2005 Protective custody
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A law enforcement officer or any officer of the agency may take a child into custody without the consent of the parent or guardian, whether or not additional medical treatment is required if the circumstances or conditions of the child are such that continuing in his place of res…
A.S.C.A. § 45.2010 Reporting procedures
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(a) Reports of known or suspected child abuse or neglect made under this chapter are immediately made to the department by a written report prepared by those persons required to report, if so requested by the receiving agency. The receiving agency forwards a copy of its own repor…
A.S.C.A. § 45.2011 Agency duties upon receipt of report
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(a) The agency makes a thorough investigation promptly upon receiving either the oral or the written report. The primary purpose of the investigation is the protection of the child. (b) The investigation shall include the nature, extent and cause of the child abuse, sexual abuse,…
A.S.C.A. § 45.2012 Immunity from liability-Persons reporting
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Any person participating in good faith in the preparation of a report or in a judicial proceeding held under this chapter and any person responsible for the taking of photographs or X-rays, or the placing temporary protective custody of a child under this chapter, is immune from …
A.S.C.A. § 45.2015 Child abuse and child neglect diversion program
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(a) The Attorney General, upon recommendation of the agency, may refer a person accused or suspected of child abuse or neglect to a nonjudicial source of treatment or assistance upon conditions set forth by the agency and the Attorney General. If a person is so diverted from the …
A.S.C.A. § 45.2016 Abrogation of privileged communication
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The privileged communication between patient and physician and between husband and wife is not a ground for excluding evidence in any judicial proceeding resulting from a report under this chapter. History: 1980, PL 16-71 § 1.
A.S.C.A. § 45.2017 Court proceedings-Guardian ad litem
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(a) The Department of Law Enforcement Agency receiving a report under 45.2002 or 45.2003, in addition to taking immediate steps under paragraph (a)(2) of 45.0201 and 45.2005 as may be required to protect a child, shall inform the Court within 72 hours that the child appears to be…
A.S.C.A. § 45.2020 Central registry-Establishment
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There is established within the agency a central registry for child abuse, sexual abuse, or neglect under this chapter. History: 1980, PL 16-71 § 1; amd 1988, PL 20-71.
A.S.C.A. § 45.2021 Central registry-Telephone number for reporting cases
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There is a single telephone number that all persons, whether mandated by law or not, may use to report cases of suspected child abuse, sexual abuse, or neglect and that all persons so authorized by this chapter may use for determining the existence of prior records in order to ev…
A.S.C.A. § 45.2022 Central registry-Contents
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The central registry contains, but is not limited to: (1) all information in the written report; (2) record of the final disposition of the report including services offered and services accepted; (3) the plan for rehabilitative treatment; (4) the names and identifying dates, and…
A.S.C.A. § 45.2023 Central registry-Availability of information
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Reports made under this chapter as well as any other information obtained, and reports written or photographs taken concerning those reports in the possession of the department and agency are confidential and are made available only to: (1) Attorney General at all times; (2) a ph…
A.S.C.A. § 45.2024 Central registry-Access to records
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After a child, who is the subject of a report, reaches 18 years of age, access to a child’s record under this section is permitted only if a sibling or offspring of the child is before that person and is a suspected victim of child abuse, sexual abuse, or neglect. History: 1980, …
A.S.C.A. § 45.2025 Central registry-Information expunged when
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Unless an investigation of a report conducted under this chapter determines there is some credible evidence of alleged abuse, sexual abuse, or neglect, all information identifying the subject of the report is immediately expunged from the central registry. History: 1980, PL 16-71…
A.S.C.A. § 45.2026 Central registry-Records sealed
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In all other cases, the record of the report to the central registry is sealed at no later than 10 years after the subject child’s 18th birthday. Once sealed, the record shall not otherwise be available, unless the head of the central registry upon notice to the subjects of the r…
A.S.C.A. § 45.2027 Central registry-Subject of report may receive information
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At any time, the subject of a report may receive, upon request, a report of all information contained in the central registry; provided, however, that the head of the registry may prohibit the release of data that would identify the person who made the report or who cooperated in…
A.S.C.A. § 45.2028 Central registry-Request to alter report
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At any time, subsequent to the completion of the investigation, but in no event later than 10 years after the receipt of the report, a subject of the report may request the head of the registry to amend, seal, or expunge the record of the report. If he refuses or does not act wit…
A.S.C.A. § 45.2029 Central registry-Written notice of amendment
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Written notice of any amendment or expungement made under this chapter, is served on each subject of the report. History: 1980, PL 16-71 § 1.
A.S.C.A. § 45.2030 Central registry-Release of data or information
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Any person who willfully permits and any other person who encourages the release of data or information contained in the central registry to persons not permitted the information by this chapter, is upon conviction, guilty of a class B misdemeanor. History: 1980, PL 16-71 § 1.
A.S.C.A. § 45.2031 Child abuse commission-Creation-Review
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(a) In the event a child is taken from parents due to child abuse, the parents may appeal, within 10 days, by written notice of appeal, to the Child Abuse Commission. The Commission shall be appointed by the Governor: 1 member of the medical staff from the LBJ Tropical Medical Ce…
A.S.C.A. § 45.2032 Education program
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The Child Abuse Commission cooperates with the Child Protection Agency in developing an active program of education and training in the villages, with the cooperation of religious organizations, private organizations, public health nurses, medical personnel, and in direct coopera…