§ 12-18-619 — Closing investigations

(a) If at any time before or during an investigation under this chapter it is determined that the alleged offender is not a caretaker of any child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation. (b) (1) If at any time before or during the investigation it appears that the alleged offender is identified and is not a caretaker of the victim child, excluding investigations of sexual abuse, the Department of Human Services and the Division of Arkansas State Police shall: (A) Refer the matter to the appropriate law enforcement agency; (B) Close their investigation; and (C) Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation. (2) (A) If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Division of Arkansas State Police of its determination. (B) Thereupon the Department of Human Services and the Division of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter. (c) If at any time before or during the investigation the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the Department of Human Services and the Division of Arkansas State Police may consider the report unable to be completed and determine the report to be inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.

Legislative History

Amended by Act 2021, No. 270,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1004,§ 18, eff. 7/22/2015. Acts 2009, No. 749, § 1.