Title 12, Law Enforcement, Emergency Management, and Military Affairs

(a) (1) A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Labor…

(1) Upon request, the Department of Human Services shall release the following information to the general public when an investigation is pending on a report of a fatality of a child to the Child Abuse Hotline:(1) Age, race, and gender of the child;(2) Date of the child's death;(…

(1) Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is true on a report of a fatality of a child:(1) (A) A summary of previous child maltreatment investigations.(B) The disclosure sh…

(1) Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is unsubstantiated on a report of a fatality of a child:(1) (A) A summary of previous child maltreatment investigations.(B) The di…

(1) Concerning the fatality of a child, the Department of Human Services shall not release:(1) Information on siblings of the child;(2) Attorney-client communications; or(3) Any information if release of such information would jeopardize a criminal investigation. (1) Information …

(1) Upon request, the Department of Human Services shall release the following information to the general public when an investigation is pending on a report of a near fatality of a child to the Child Abuse Hotline:(1) Age, race, and gender of the child;(2) Date of the near fatal…

(1) Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is true on a report of a near fatality of a child:(1) A nonidentifying summary of any previous child maltreatment investigations;(…

(1) Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is unsubstantiated on a report of a near fatality of a child:(1) A nonidentifying summary of any previous child maltreatment inves…

(1) Concerning the near fatality of a child, the Department of Human Services shall not release:(1) Information on siblings of the child;(2) Attorney-client communications; or(3) Any information if release of such information would jeopardize a criminal investigation. (1) Informa…

(1) As used in this subchapter, “sexually exploited child” means a person less than eighteen (18) years of age who has been subject to sexual exploitation because the person:(1) Is a victim of trafficking of persons under § 5-18-103;(2) Is a victim of child sex trafficking under …

The Arkansas Juvenile Officers Association, the Division of Law Enforcement Standards and Training, or the Prosecutor Coordinator may provide training to intake officers, law enforcement, prosecutors, and any other appropriate staff concerning how to identify a sexually exploited…

(a) A person commits the offense of failure to notify by a mandated reporter in the first degree if he or she:(1) Is a mandated reporter under this chapter;(2) Has:(A) Reasonable cause to suspect that a child has been subjected to child maltreatment;(B) Reasonable cause to suspec…

(a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she:(1) Is a mandated reporter under this chapter;(2) Has:(A) Reasonable cause to suspect that a child has been subjected to child maltreatment;(B) Reasonable cause to suspe…

(a) A person commits the offense of making a false report under this chapter if he or she purposely makes a report containing a false allegation to the Child Abuse Hotline knowing the allegation to be false. (b) (1) A first offense of making a false report under this chapter is a…

(a) (1) An employer or supervisor of an employee identified as a mandated reporter commits the offense of unlawful restriction of child abuse reporting if he or she:(A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child …

(a) A person commits the offense of unlawful disclosure of data or information under this chapter if the person knowingly discloses data or information to a person to whom disclosure is not permitted by this chapter. (b) Unlawful disclosure of data or information under this chapt…

A person required by this chapter to make a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline who purposely fails to do so is civilly liable for damages proximately caused by that failure.

A judge or prosecuting attorney who fails to make a report when required by this chapter is immune from criminal and civil liability under this chapter.

This chapter does not prevent subsequent disclosure by a subject of the report.

The Department of Human Services and the Department of Arkansas State Police, or a prosecuting attorney, may file a petition in the appropriate court seeking imposition of penalties for violation of this chapter.

(a) (1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801, 20-16-804, and 20-16-805.(2) Subdivision (a)(1) of this section does not a…

(a) There is created the Child Abuse Hotline. (b) The Child Abuse Hotline is a unit established within the Department of Human Services and the Division of Arkansas State Police, or their designee, with the purpose of receiving and recording notifications and reports under this c…

(a) As prescribed under this section, a mandated reporter under this chapter may report child maltreatment or suspected child maltreatment by telephone call or online reporting. (b) Online reporting may be used in nonemergency situations by an identified mandated reporter under t…

(a) Except as otherwise provided in this section, the Child Abuse Hotline shall accept a report if:(1) The report is of:(A) An allegation of child maltreatment or suspected child maltreatment, that if found to be true, would constitute child maltreatment as defined under this cha…

(a) (1) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur:(A) Throwing, kicking, burning, biting, or cutting a child;(B) Striking a child with a closed fist;(C) Shaking a child four (4) yea…

(1) The Child Abuse Hotline shall accept a report of neglect as defined under § 12-18-103(14)(B) only if the reporter is one (1) of the following mandated reporters and the mandated reporter has reasonable cause to suspect that a child has been subjected to neglect as defined und…

(1) The Child Abuse Hotline shall accept a report of child sexual abuse, sexual contact, or sexual exploitation naming as the victim a person who is now an adult only if:(1) The alleged offender is a caretaker of a child; and(2) The person making the report is one (1) of the foll…

The Child Abuse Hotline shall accept a report of child maltreatment alleging Munchausen syndrome by proxy or factitious illness only if the reporter is a medical professional.

(1) The Child Abuse Hotline shall accept a report of injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior only…

The Child Abuse Hotline shall accept telephone calls or other communications alleging that a child is at risk of disrupting or has disrupted his or her adoption or that a child is a dependent juvenile, as defined in § 9-35-102, and shall immediately refer this information to the …

(a) All healthcare providers involved in the delivery or care of infants shall:(1) Contact the Department of Human Services regarding an infant born with and affected by:(A) A fetal alcohol spectrum disorder;(B) Maternal substance abuse resulting in prenatal drug exposure to an i…

(a) A person may immediately notify the Child Abuse Hotline if he or she:(1) Has reasonable cause to suspect that:(A) Child maltreatment has occurred; or(B) A child has died as a result of child maltreatment; or(2) Observes a child being subjected to conditions or circumstances t…

(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 maltreatm…

Notice of a report to the Child Abuse Hotline is confidential and may be disclosed only as provided in this chapter.

(a) (1) The Department of Human Services and the Department of Arkansas State Police shall not release data that would identify the person who made the report to the Child Abuse Hotline unless a court of competent jurisdiction orders release of the information after the court has…

(1) The Department of Human Services and the Department of Arkansas State Police shall notify the following of any report of child maltreatment within five (5) business days:(1) The legal parents, legal guardians, and current foster parent of a child in foster care who is named a…

(a) The Department of Human Services and the Department of Arkansas State Police shall immediately notify local law enforcement of all reports of severe maltreatment. (b) (1) Notification of a report of child maltreatment shall be provided within five (5) business days to the pro…

The Department of Human Services shall notify the child's school if the department takes a seventy-two-hour hold on the child or if the court awards the department custody of the child.

(a) If the Child Abuse Hotline receives a report naming as an alleged offender a person who is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department o…

(a) If the Child Abuse Hotline receives a report that a client or a resident of a facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police …

(a) As used in this section:(1) “Active duty service member” means a member of the armed forces on full-time duty status under Title 10 or Title 32 of the United States Code, as it existed on January 1, 2023;(2) “Child” means a biological child, adopted child, stepchild, foster c…

(a) (1) If a report of child maltreatment is accepted by the Child Abuse Hotline, an investigation shall be conducted under procedures established by the Department of Human Services unless the report is accepted for triage under subdivision (a)(2)(C) of this section.(2) The proc…

(a) The Department of Human Services and the Division of Arkansas State Police shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment or notification of a child death. (b) (1) All investigations shall begin within seventy-two (…

Upon request, law enforcement shall accompany a person conducting an investigation required by this chapter.

The Department of Human Services may make referrals or provide services during the course of the child maltreatment investigation.

(a) An investigation of child maltreatment or suspected child maltreatment under this chapter shall include interviews with:(1) The child as provided under § 12-18-608;(2) The parents, both custodial and noncustodial;(3) If neither parent is the alleged offender, the alleged offe…