Arkansas Law

§ 12-12-509. Investigation - Examinations of children.

(a)(1) The Department of Human Services shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment.

    (2)(A) All investigations shall begin within seventy-two (72) hours.

         (B) However, if the notice contains an allegation of severe maltreatment then the department shall immediately notify law enforcement, and the department shall initiate an investigation in cooperation with law enforcement agencies and the prosecuting attorney within twenty-four (24) hours.

   (3)(A) The prosecuting attorney may provide written notice to the department, that the department does not need to provide notification of the initial maltreatment report to the prosecuting attorney's office.

        (B) Upon receiving the notification, the department shall not be required to provide notification of the initial maltreatment report to the prosecuting attorney's office.

(b) The investigation shall seek to ascertain:

     (1) The existence, cause, nature, and extent of the child maltreatment;

     (2) The existence and extent of previous injuries;

     (3) The identity of the person responsible therefor;

     (4) The names and conditions of other children in the home;

     (5) The circumstances of the parents or caretakers of the child;

     (6) The environment where the child resides;

     (7) The relationship of the child or children with the parents or caretakers; and

     (8) All other pertinent data.

(c)(1)(A) The investigation shall include interviews with the parents.

          (B) If neither parent is the alleged offender, the investigation shall also include an interview with the alleged offender.

         (C) The investigation shall include an interview with any other relevant persons.

    (2)(A) The investigation shall include an interview with the child separate and apart from the alleged offender or any representative or attorney for the alleged offender.

         (B) However, if the age or abilities of the child render an interview impossible, the investigation shall include observation of the child.

    (3) The investigation may include a physical examination, radiology procedures, photographs, and a psychological or psychiatric examination of all children subject to the care, custody, or control of the same caretaker.

    (4) If, after exercising reasonable diligence in conducting any or all interviews, the subjects of the interviews cannot be located or are unable to communicate, the efforts to conduct such interviews shall be documented and the investigation shall proceed pursuant to this subchapter.

(d)(1) An investigative determination shall be made in each investigation within thirty (30) days.

     (2) However, this procedural requirement shall not be considered as a factor to alter the investigative determination in any judicial or administrative proceeding.

History. Acts 1991, No. 1208, § 4; 1995, No. 1341, § 9; 1997, No. 535, § 2; 1997, No. 1334, § 4; 1999, No. 626, § 1.