Mandated reporters

Ark. Code Ann. § 12-18-402 — under Child Maltreatment Act.

Ark. Code Ann. § 12-18-402

(a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she:(1) Has reasonable cause to suspect that a child has:(A) Been subjected to child maltreatment;(B) Died as a result of child maltreatment; or(C) Died suddenly and unexpectedly; or(2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(1) Has reasonable cause to suspect that a child has:(A) Been subjected to child maltreatment;(B) Died as a result of child maltreatment; or(C) Died suddenly and unexpectedly; or

(A) Been subjected to child maltreatment;

(B) Died as a result of child maltreatment; or

(C) Died suddenly and unexpectedly; or

(2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(b) The following individuals are mandated reporters under this chapter:(1) A childcare worker or foster care worker;(2) A coroner;(3) A daycare center worker;(4) A dentist;(5) A dental hygienist;(6) A domestic abuse advocate;(7) A domestic violence shelter employee;(8) A domestic violence shelter volunteer;(9) An employee of the Department of Human Services;(10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment;(11) A foster parent;(12) A judge;(13) A law enforcement official;(14) A licensed nurse;(15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;(16) A mental health professional or paraprofessional;(17) An osteopath;(18) A peace officer;(19) A physician;(20) A prosecuting attorney;(21) A resident intern;(22) A full-time or part-time employee of a public school or private school, including without limitation:(A) A school counselor;(B) A school official;(C) A teacher;(D) A coach or director of a public or private athletic organization, team, or club; and(E) A coach or director of a public or private nonathletic organization, team, or club;(23) A person who is at least twenty-one (21) years of age and volunteers in a public school or private school:(A) As a coach or director of a public or private athletic organization, team, or club; or(B) As a coach or director of a public or private nonathletic organization, team, or club;(24) A person employed as a school official in an institution of higher education;(25) A social worker;(26) A surgeon;(27) A court-appointed special advocate program staff member or volunteer;(28) A juvenile intake or probation officer;(29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member:(A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or(B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;(30) An employee of a child advocacy center or a child safety center;(31) An attorney ad litem in the course of his or her duties as an attorney ad litem;(32) (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.(B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;(33) A rape crisis advocate or rape crisis volunteer;(34) (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.(B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;(35) A victim/witness coordinator;(36) A victim assistance professional or victim assistance volunteer;(37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police;(38) An employee of a reproductive healthcare facility; (39) A volunteer at a reproductive healthcare facility; (40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital;(41) A Child Welfare Ombudsman;(42) A licensed massage therapist; and(43) A person who is eighteen (18) years of age or older and observes abuse, sexual abuse, or sexual exploitation of a child.

(1) A childcare worker or foster care worker;

(2) A coroner;

(3) A daycare center worker;

(4) A dentist;

(5) A dental hygienist;

(6) A domestic abuse advocate;

(7) A domestic violence shelter employee;

(8) A domestic violence shelter volunteer;

(9) An employee of the Department of Human Services;

(10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment;

(11) A foster parent;

(12) A judge;

(13) A law enforcement official;

(14) A licensed nurse;

(15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;

(16) A mental health professional or paraprofessional;

(17) An osteopath;

(18) A peace officer;

(19) A physician;

(20) A prosecuting attorney;

(21) A resident intern;

(22) A full-time or part-time employee of a public school or private school, including without limitation:(A) A school counselor;(B) A school official;(C) A teacher;(D) A coach or director of a public or private athletic organization, team, or club; and(E) A coach or director of a public or private nonathletic organization, team, or club;

(A) A school counselor;

(B) A school official;

(C) A teacher;

(D) A coach or director of a public or private athletic organization, team, or club; and

(E) A coach or director of a public or private nonathletic organization, team, or club;

(23) A person who is at least twenty-one (21) years of age and volunteers in a public school or private school:(A) As a coach or director of a public or private athletic organization, team, or club; or(B) As a coach or director of a public or private nonathletic organization, team, or club;

(A) As a coach or director of a public or private athletic organization, team, or club; or

(B) As a coach or director of a public or private nonathletic organization, team, or club;

(24) A person employed as a school official in an institution of higher education;

(25) A social worker;

(26) A surgeon;

(27) A court-appointed special advocate program staff member or volunteer;

(28) A juvenile intake or probation officer;

(29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member:(A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or(B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;

(A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or

(B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;

(30) An employee of a child advocacy center or a child safety center;

(31) An attorney ad litem in the course of his or her duties as an attorney ad litem;

(32) (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.(B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.

(B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(33) A rape crisis advocate or rape crisis volunteer;

(34) (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.(B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.

(B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(35) A victim/witness coordinator;

(36) A victim assistance professional or victim assistance volunteer;

(37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police;

(38) An employee of a reproductive healthcare facility;

(39) A volunteer at a reproductive healthcare facility;

(40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital;

(41) A Child Welfare Ombudsman;

(42) A licensed massage therapist; and

(43) A person who is eighteen (18) years of age or older and observes abuse, sexual abuse, or sexual exploitation of a child.

(c) (1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section.(2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline.(3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.

(1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section.

(2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline.

(3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.

(d) A mandated reporter who in good faith notifies the Child Abuse Hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.