Arkansas Law

§ 5-28-210. Investigation.

(a)(1)(A) In cases involving an abused, neglected or exploited adult residing in a long-term care facility certified pursuant to Title XIX of the Social Security Act, the local law enforcement agency or the office of the Attorney General shall make a thorough investigation.

          (B) In all other cases involving abused, neglected, or exploited adults, the department shall make a thorough investigation.

               (2) Referrals may be made to local law enforcement during the pendency of the department's investigation where cause exists to believe that a crime may have occurred.

(b) The primary purpose of such investigation is to protect the abused, neglected, or exploited adult.

(c)(1) The investigation shall be completed and a determination entered.

          (2) The investigation and investigative report shall include:

               (A) The nature, extent, and cause of the abuse, sexual abuse, neglect, or exploitation of the adult;

               (B) The identity of the person responsible;

               (C) The names and conditions of other adults in the home;

               (D) The evaluation of the persons responsible for the care of the abused, neglected, or exploited adult, if any;

               (E) The home environment and relationship of the abused, neglected, or exploited adult to the next of kin or other person responsible for his care, and all other pertinent data; and

               (F)(i)(a) A visit to the abused, neglected, or exploited adult's home and an interview with the abused, neglected, or exploited adult.

                    (b) The investigators shall interview the abused, neglected, or exploited adult alone and out of the hearing of any next of kin or other persons responsible for his or her care.

                    (c) An interpreter may be present during the interview of the abused, neglected, or exploited adult, if necessary.

                         (ii) If the admission to the home, institution, or other place that the abused, neglected, or exploited adult may be, or permission of the next of kin or other person responsible for the adult or in charge of any place where the abused, neglected, or exploited adult may be, cannot be obtained, then the probate court, upon cause shown, shall order the next of kin or person responsible and in charge of any place where the abused, neglected, or exploited adult may be to allow entrance for the examination and investigation.

               (G) Further, if admission to the home cannot be obtained due to hospitalization or similar absence of the abused, neglected, or exploited adult and admission to the home is necessary to complete the investigation, then the probate court, upon cause shown, shall order and authorize law enforcement to assist the department in obtaining entrance to the home for the required investigation of the home environment.

(d)(1) The investigation may include a medical, psychological, social, vocational, financial, and educational evaluation and review, where necessary.

          (2) The medical, mental health, or other records regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by § 5-28-203 to report suspected abuse, neglect, or exploitation shall be made available to the department for the purposes of conducting an evaluation or review under this subsection.

(e)(1)(A) If, before the investigation is completed, the opinion of the investigators is that the immediate removal of the abused, neglected, or exploited adult is necessary to protect him or her from further abuse, sexual abuse, exploitation, or neglect, the investigators may petition the probate court for an order of temporary protective custody.

          (B) The probate court, upon good cause being shown, may issue an order for temporary protective custody in the manner and procedures provided in § 5-28-303.

               (2)(A) If, before the investigation is completed, the opinion of the investigators is that the abused, exploited, or neglected adult is in imminent danger of death or serious bodily harm, that available services have been offered to alleviate the danger and have been refused, and the abused, exploited, or neglected adult's capacity to comprehend the nature and consequences of remaining in the situation or condition cannot be adequately assessed in the home, the investigators may petition the probate court for an order of temporary protective custody for the purpose of having the adult evaluated.

          (B) The probate court, upon good cause being shown, may issue an order for temporary custody for the purpose of having the adult evaluated.

          (C) The petition shall be filed and the order issued in the manner and procedures provided in § 5-28-303.

(f) The department shall make a written report or case summary, together with services offered and accepted, to the state central registry on forms supplied by the registry for the purpose.

(g) Upon completion of the investigation, the investigating agency shall determine that the allegations of adult abuse, sexual abuse, neglect, or exploitation are either:

          (1)(A)(i) Unfounded, which shall be entered when the allegation is not supported by a preponderance of the evidence.

               (ii) Unfounded reports may be used within the department prior to expungement for purposes of danger assessment on future reports.

               (iii) There can be no disclosure outside the department of unfounded reports or information obtained during an unfounded investigation, except for release to:

                    (a) The prosecutor for the limited purpose of prosecution of a person who willfully makes false notification pursuant to this subchapter;

                    (b) A subject of the report; or

                    (c) A court if the information in the record is necessary for a determination of an issue before the court.

          (B)(i) This section shall not prevent the department, prior to completion of an investigation, from:

               (a) Offering services;

               (b) Petitioning the court for protective custody; or

               (c) Petitioning the probate court for an order of investigation.

                    (ii) Further, this section shall not prohibit sharing of information, prior to investigative determination, as discussed elsewhere in this chapter, with:

                         (a) Law enforcement;

                         (b) Coroners or medical examiners; or

                         (c) Prosecutors.

          (C)(i) If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status for one (1) year, at which time it will be expunged.

               (ii) The report shall include documentation indicating why the investigation could not be completed.

          (D) For purposes of disclosure, pending or inactive reports shall be treated as unfounded; and

               (2)(A) Founded, which shall be entered when the allegation is supported by some credible evidence.

                    (B) A determination of founded shall not be entered solely because an adult, practicing his or her religious beliefs, is receiving spiritual treatment as indicated in § 5-28-105.

(h) The founded investigative reports maintained in the department's central registry shall be made available to the probate court upon request.

History. Acts 1983, No. 452, § 10; A.S.A. 1947, § 59-1310; Acts 1988 (4th Ex. Sess.), No. 5, § 3; 1988 (4th Ex. Sess.), No. 15, § 3; 1993, No. 401, § 2; 1993, No. 1292, § 7; 1995, No. 1338, § 2; 1997, No. 1033, § 1; 1997, No. 1034, § 2; 1999, No. 753, § 8.