§ 12-18-709 — Confidentiality

(a) Notice of an investigative determination under this chapter is 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 shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the Department of Human Services and the Division of Arkansas State Police. (d) (1) Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney. (2) The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations. (3) Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination. (e) The Department of Human Services and the Division of Arkansas State Police shall notify each subject of the report of the investigative determination whether true or unsubstantiated. (f) The Department of Human Services and the Division of Arkansas State Police shall notify the alleged offender's legal parents, legal guardians, and foster parents of the investigative determination if the: (1) Investigative determination is unsubstantiated; and (2) Alleged offender is: (A) Under eighteen (18) years of age; and (B) In foster care. (g) The Department of Human Services and the Division of Arkansas State Police shall notify any family advocacy program or other person or entity designated by the military authority for the military installation to which notice must be given of child maltreatment investigations under § 12-18-508 of the investigation determination whether true or unsubstantiated.

Legislative History

Amended by Act 2017, No. 528,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1004,§ 24, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 17.