Arkansas Law

§ 12-12-506. Disclosure of central registry data.

(a)(1) Reports made pursuant to this subchapter shall be confidential and may be used or disclosed only as provided in this section.

    (2)(A) If the allegations are determined to be true in accordance with § 12-12-512, disclosure is absolutely limited to:

          (i) The administration of the adoption, foster care, children's protective services programs, or child care licensing programs of any state;

          (ii) Federal, state, or local government entities, or any agent of such entities, having a need for such information in order to carry out its responsibilities under law to protect children from abuse or neglect;

          (iii) Any person who is the subject of a true report;

          (iv) A civil or administrative proceeding connected with the administration of the Arkansas Child Welfare State Plan where the court or hearing officer determines the information is necessary for the determination of an issue before the court or agency;

          (v) The administration of any federal or federally assisted program which provides assistance, in cash or in kind, or services directly to individuals on the basis of need;

          (vi) An audit or similar activity conducted in connection with the administration of such plan or program by any governmental agency which is authorized by law to conduct the audit or activity;

          (vii) A person, agency, or organization engaged in a bona fide research or evaluation project, but without information identifying individuals named in a report or record, provided that:

                 (a) Having that information open for review is essential to the research or evaluation;

                 (b) Prior written approval is granted by the Director of the Department of Human Services; and

                 (c) The child, through his parent, guardian, or guardian ad litem, gives permission to release the information;

         (viii) A properly constituted authority, including multidisciplinary teams referenced in § 12-12-502(b), investigating a report of known or suspected child abuse or neglect or providing services to a child or family which is the subject of a report;

         (ix)(a) The Division of Child Care and Early Childhood Education of the Department of Human Services and the child care facility owner or operator who requested the registry information through a signed notarized release from an individual who is a volunteer or who has applied for employment or who is currently employed by a child care facility or who is the owner or operator of a child care facility.

              (b) This disclosure shall be for the limited purpose of providing central registry background information and shall indicate a true finding only;

        (x) Child abuse citizen panels described in the Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a;

        (xi) Child fatality review panels as authorized by the department;

        (xii) To the general public, the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality;

        (xiii) A grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury.

        (xiv) The current foster parents of a child who is a subject of a report.

              (B) Reports of investigative determinations which are true shall be disclosed to the Division of Child Care and Early Childhood Education of the Department of Human Services, by oral report only, for purposes of enforcement of licensing laws and regulations.

(b) Any licensing or registering authority in receipt of initial notification of suspected child maltreatment may access the central registry to the extent necessary to carry out its official responsibilities, but the information must be maintained as confidential.

(c)(1) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained pursuant to this section.

     (2) Provided, however, that a local educational agency or a school counselor shall forward all true reports of child maltreatment received from the department whenever a child transfers from one (1) local educational agency to another, and shall notify the department of the child's new school, and address, if known.

     (3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.

(d) Disclosure is prohibited to any committee or legislative body, other than an agency referred to in §§ 12-12-507(e) and 12-12-509 - 12-12-511 with respect to an activity referred to in such sections, of any information which identifies by name or address any applicant or recipient.

(e)(1) The department 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 such 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, the information shall be disclosed to the prosecuting attorney or law enforcement officers on request.

(f) Within ten (10) days following an investigative determination, the department shall provide the person or agency making notification of suspected child maltreatment information as to whether an investigation has been conducted and whether services have been offered.

 (g) The department may disclose the investigative determination to the employer of any offender when the offender is engaged in child-related activities or employment.

 (h) Nothing in this subchapter shall be construed to prevent subsequent disclosure by the subject of the report.

(i) Any records of screened-out reports of child maltreatment will be treated as if they are unfounded reports.

History. Acts 1991, No. 1208, § 9; 1992 (1st Ex. Sess.), No. 49, § 2; 1995, No. 1341, § 6; 1997, No. 1334, § 3; 1999, No. 1222, §§ 4, 5; 1999, No. 1340, §§ 26, 27.