§ 12-18-909 — Availability of true reports of child maltreatment from the central registry

Arkansas § 12-18-909

• Jurisdiction: Arkansas
• Title: 12

Text

(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, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tables, video tapes, compact discs, DVDs, and photographs. (2) A fee may not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent. (c) (1) The Department of Human Services 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. (d) (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 information provided by the Department of Human Services and the Division of Arkansas State Police. (3) However, a local educational agency or a school counselor shall forward all true reports of child maltreatment received from the Department of Human Services and the Division of Arkansas State Police when a child transfers from one (1) local educational agency to another and shall notify the Department of Human Services and the Division of Arkansas State Police of the child's new school and address, if known. (4) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report. (5) Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. (e) (1) The Department of Human Services and the Division of Arkansas State Police may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender. (2) This information may include: (A) The investigative determination or the investigation report; and (B) The services offered and provided. (f) If an alleged offender's name has been 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. (g) A report made under this chapter that is determined to be true, as well as any other information obtained, including protected health information and the administrative hearing decision, and a report written or photograph or radiological procedure taken concerning a true report in the possession of the Department of Human Services and the Division of Arkansas State Police shall be confidential and shall be made available only to: (1) The administration of the adoption, foster care, children's and adult protective services programs, or childcare licensing programs of any state; (2) A federal, state, or local government entity, or any agent of the entity, having a need for the information in order to carry out its responsibilities under law to protect children from abuse or neglect; (3) Any person who is the subject of a true report; (4) A civil or administrative proceeding connected with the administration of the Arkansas child welfare state plan when the court or hearing officer determines that the information is necessary for the determination of an issue before the court or agency; (5) An audit or similar activity conducted in connection with the administration of such a plan or program by any governmental agency that may by law conduct the audit or activity; (6) (A) A person, agency, or organization engaged in a bona fide research or evaluation project having value as determined by the Department of Human Services and the Division of Arkansas State Police in future planning for programs for maltreated children or in developing policy directions. (B) However, any confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be redisclosed. (C) However, if a research or evaluation project results in the publication of related material, confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be disclosed; (7) A properly constituted authority, including multidisciplinary teams referenced in this chapter, investigating a report of known or suspected child abuse or neglect or providing services to a child or family that is the subject of a report; (8) (A) The Division of Child Care and Early Childhood Education and the childcare facility owner or operator who requested the registry information through a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from an individual who is a volunteer, has applied for employment, is currently employed by a childcare facility, or is the owner or operator of a childcare facility. (B) This disclosure shall be for the limited purpose of providing registry background information and shall indicate a true finding only; (9) Child abuse citizen review panels described in the Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a ; (10) Child fatality review panels as authorized by the Department of Human Services; (11) A grand jury upon a finding that information in the record is necessary for the determination of an issue before the grand jury; (12) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court; (13) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court; (14) The current foster parents of a child who is a subject of a report; (15) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address; (16) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report; (17) The attorney ad litem of a child who is the subject of a report; (18) (A) An employer or volunteer agency for purposes of screening an employee, applicant, or volunteer who is or will be engaged in employment or activity with children, the elderly, individuals with disabilities, or individuals with mental illness upon submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the employee, applicant, or volunteer. (B) The registry shall release only the following information on true reports to the employer or agency: (i) That the employee, applicant, or volunteer has a true report; (ii) The date the investigation was completed; and (iii) The type of true report; (19) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program; (20) The Division of Child Care and Early Childhood Education for purposes of enforcement of licensing laws and rules; (21) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (22) Any person or entity to whom notification was provided under this chapter; (23) The extent necessary to carry out a responsibility to ensure that children are protected while in the school environment or during off-campus school activities: (A) A school district superintendent, a person in an equivalent position in a private school, or other district-level administrator; (B) A public school principal, a person in an equivalent position in a private school, or other building-level administrator; (C) (i) Another person or organization designated by a public school, private school, or school district to organize volunteers for the public school, private school, or school district upon the submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the volunteer. (ii) The registry shall release only the following information on true reports to a person or an organization: (a) That the employee, applicant, or volunteer has a true report; (b) The date the investigation was completed; and (c) The type of true report; and (D) Division of Elementary and Secondary Education; (24) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender; (25) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; (26) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender; and (27) A Child Welfare Ombudsman.

Legislative History

Amended by Act 2023, No. 710,§ 4, eff. 4/11/2023. Amended by Act 2023, No. 710,§ 3, eff. 4/11/2023. Amended by Act 2023, No. 710,§ 2, eff. 4/11/2023. Amended by Act 2021, No. 472,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 877, eff. 7/24/2019. Amended by Act 2019, No. 1081,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 590,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 531,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2227, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2226, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2225, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2224, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2223, eff. 7/1/2019. Amended by Act 2019, No. 945,§ 8, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 37, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 16, eff. 8/1/2017. Amended by Act 2015, No. 1097,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1097,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 35, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 34, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 33, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 32, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 31, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 31, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 30, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 29, eff. 8/16/2013. Amended by Act 2013, No. 575,§ 2, eff. 4/2/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 23.