Arkansas Law

§ 12-12-511. Investigation to be closed.

(a) If at any time before or during the investigation it is determined that the alleged offender is not a caretaker of any child, and the alleged victim has attained majority prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation.

(b)(1) Any provision to the Arkansas Uniform Rules of Evidence notwithstanding, any privilege between a minister and any person confessing to or being counseled by the minister shall not constitute grounds for excluding evidence at any dependency-neglect proceeding or proceedings involving custody of a minor.

    (2)(A) If at any time before or during the investigation it appears that the offender is identified and is not a caretaker of the victim child, the department shall:

              (i) Refer the matter to the appropriate law enforcement agency;

              (ii) Close its investigation; and

              (iii) Forward a copy of its findings to the appropriate law enforcement agency for that agency's further use in any criminal investigation.

        (B) If the alleged offender is a juvenile, but not a caretaker, law enforcement may refer the matter to the department for investigation.

   (3)(A) If the appropriate law enforcement agency subsequently determines that the offender is a caretaker, it shall immediately notify the department of its determination.

        (B) Thereupon the department shall reopen and continue its investigation in compliance with all other requirements contained in this subchapter.

(c) If at any time before or during the investigation the department is unable to locate or identify the alleged offender because the alleged maltreatment occurred more than five (5) years ago or in another state, the department shall consider the report unable to be completed and placed in inactive status.

History. Acts 1991, No. 1208, § 4; 1995, No. 1341, § 10; 1997, No. 1334, § 6.