Adjudication of allegations and risk

Ark. Code Ann. § 12-18-815 — under Child Maltreatment Act.

Ark. Code Ann. § 12-18-815

(a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether:(1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and(2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.

(1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and

(2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.

(b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that:(1) An allegation of child maltreatment is true; and(2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population.

(1) An allegation of child maltreatment is true; and

(2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population.