§ 12-18-402 — Mandated reporters

Arkansas § 12-18-402

• Jurisdiction: Arkansas
• Title: 12

Text

(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. (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. (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. (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.

Legislative History

Amended by Act 2023, No. 727,§ 8, eff. 8/1/2023. Amended by Act 2023, No. 531,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 556,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 531,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 186,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 5, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 12, eff. 8/1/2017. Amended by Act 2015, No. 1211,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1056,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1086,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1086,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 725,§ 7, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2009, No. 1409, § 1; 2011, No. 1143, § 8.