Arkansas Law

§ 12-12-518. Privileged communications as evidence - Exception.

It is the public policy of the State of Arkansas to protect the health, safety, and the welfare of minors within the state. In order to effectuate that policy:

     (1) Any provision of the Arkansas Uniform Rules of Evidence notwithstanding, and except as provided in subdivision (2) of this section, any privilege between husband and wife or between any professional person, except lawyer/client and between a minister, including a Christian Science practitioner, and any person confessing to or being counseled by a minister, shall not constitute grounds for excluding evidence at any proceeding regarding child abuse, sexual abuse, or neglect of a child.

     (2) Any provision to the Arkansas Uniform Rules of Evidence notwithstanding, any privilege between a minister, including a Christian Science practitioner, and any person confessing to or being counseled by the minister shall not constitute grounds for excluding evidence at any dependent/neglect proceeding or proceedings involving the custody of a minor.

     (3) When any physician, psychologist, psychiatrist, or licensed counselor or therapist conducts interviews with or provides therapy to any subject of a report of suspected child maltreatment for purposes related to child maltreatment, the physician, psychologist, psychiatrist, or licensed counselor or therapist shall be deemed to be performing services on behalf of the child.

     (4) Adult subjects of a report of suspected child maltreatment cannot invoke privilege on the child's behalf.

     (5) Transcripts of testimony introduced in a child maltreatment proceeding pursuant to this section shall not be received into evidence in any other civil or criminal proceeding.

History. Acts 1991, No. 1208, § 13.