Title 12 — Law Enforcement, Emergency Management, and Military Affairs
49 chapters · 1,343 sections in this title.
Ark. Code Ann. § 12-18-806 Continuances
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(a) (1) An administrative law judge shall grant a continuance if the record under this chapter tendered by the Department of Human Services to the alleged offender is determined by the administrative law judge to be incomplete.(2) The administrative law judge shall direct the dep…
Ark. Code Ann. § 12-18-807 Administrative judgments and adjudications
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(a) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the Office of Appeals and Hearings, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a copy of the judicial adju…
Ark. Code Ann. § 12-18-808 Notice of juvenile division circuit court proceedings
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(a) The Department of Human Services and the Department of Arkansas State Police shall notify the administrative law judge and the petitioner of the status of any juvenile division of circuit court proceeding involving the victim if child maltreatment at issue in the administrati…
Ark. Code Ann. § 12-18-809 Confidentiality
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(a) An administrative hearing decision and the hearing record, including all exhibits, under this chapter are confidential and shall remain confidential upon the filing of an appeal with a circuit court or an appellate court. (b) An administrative hearing decision and the hearing…
Ark. Code Ann. § 12-18-810 Authority to amend investigative determinations based on evidence
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(a) An administrative law judge may amend an investigative determination to conform with the evidence presented. (b) (1) If the alleged offender could not reasonably infer the amended investigative determination from the investigative record and information submitted by the Depar…
Ark. Code Ann. § 12-18-811 Expedited administrative hearings — Definition
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(a) (1) If an alleged offender timely requests an administrative hearing, the Department of Human Services and the Department of Arkansas State Police may request that the administrative hearing be expedited if the alleged offender is engaged in child-related activities or employ…
Ark. Code Ann. § 12-18-812 Preliminary administrative hearing
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(a) If the Department of Human Services and the Division of Arkansas State Police are unable to notify an offender of an investigative determination under this chapter, the Department of Human Services and the Division of Arkansas State Police may request a preliminary administra…
Ark. Code Ann. § 12-18-813 Notice of investigative determination upon satisfaction of due process
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(a) (1) Due process has been satisfied when:(A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an admini…
Ark. Code Ann. § 12-18-814 Automatic hearings for juveniles
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(a) The Division of Children and Family Services of the Department of Human Services shall provide written referrals to the Office of Appeals and Hearings of the Department of Human Services identifying each juvenile who is:(1) The subject of a true child maltreatment finding; an…
Ark. Code Ann. § 12-18-815 Adjudication of allegations and risk
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(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 …
Ark. Code Ann. § 12-18-901 Creation
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There is established within the Department of Human Services a statewide Child Maltreatment Central Registry.
Ark. Code Ann. § 12-18-902 Contents
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The Child Maltreatment Central Registry shall contain records of cases on all true investigative determinations of child maltreatment.
Ark. Code Ann. § 12-18-903 Placement in the Child Maltreatment Central Registry
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(a) An offender's name shall be placed in the Child Maltreatment Central Registry if:(1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing;(2) The alleged offender was a child …
Ark. Code Ann. § 12-18-904 Child Maltreatment Central Registry generally
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(1) An offender's name shall remain in the Child Maltreatment Central Registry unless:(1) The name is removed pursuant to this chapter or another statute;(2) The name is removed under a rule;(3) The name was provisionally placed in the registry and the alleged offender subsequent…
Ark. Code Ann. § 12-18-905 Provisional placement in the Child Maltreatment Central Registry
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If an alleged offender's name is provisionally placed in the Child Maltreatment Central Registry, any disclosure by the registry shall include the notation that the name has only been provisionally placed in the registry.
Ark. Code Ann. § 12-18-906 Allegations determined to be unsubstantiated not to be included
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Records of all cases in which allegations are determined to be unsubstantiated shall not be included in the Child Maltreatment Central Registry.
Ark. Code Ann. § 12-18-907 Rules
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The Department of Human Services may adopt rules as may be necessary to encourage cooperation with other states in exchanging true reports and to effect a national registration system.
Ark. Code Ann. § 12-18-908 Removal of name from the Child Maltreatment Central Registry
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(a) An adult offender shall permanently remain on the Child Maltreatment Central Registry if the:(1) Adult offender is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the adult offender is named in the registry regardless o…
Ark. Code Ann. § 12-18-909 Availability of true reports of child maltreatment from the central registry
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(a) True reports of child maltreatment are confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services and the Division of Arkansas State Police may charge:(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, co…
Ark. Code Ann. § 12-18-910 Availability of screened-out and unsubstantiated reports
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(a) Screened-out, administratively closed, and unsubstantiated reports of child maltreatment are confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services and the Division of Arkansas State Police may charge:(A) A reasonable fee …
Ark. Code Ann. § 12-18-911 Records — Subpoena duces tecum — Definitions
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(a) As used in this section:(1) “Custodian of records” means the administrator of the Child Maltreatment Central Registry or his or her designee; and(2) “Records” means data, records, or documents that are created, collected, or compiled by or on behalf of the Department of Human…