Arkansas Law

§ 5-28-213. Availability of reports of adult abuse.

(a) Reports made pursuant to this chapter, as well as any other information obtained, and reports written or photographs taken concerning reports in the possession of the Department of Human Services shall be confidential and shall be made available only to:

          (1) A physician who has before him an endangered or impaired adult whom he reasonably believes may have been abused, sexually abused, exploited, or neglected;

          (2) A person authorized to place the adult in protective custody when such a person has before him an adult who he reasonably believes may have been abused, sexually abused, exploited, or neglected, and such person requires the information to determine whether to place the adult in protective custody;

          (3) An authorized agency having responsibility for the care or supervision of an endangered or impaired adult;

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

          (5) A court, where it determines that such information is necessary for the determination of an issue before the court;

          (6)(A) A prosecuting attorney, law enforcement official, or coroner conducting a criminal investigation or investigating a death; or

               (B) The Attorney General or his designated investigator when conducting an investigation of abuse, exploitation, or neglect;

          (7)(A) A person who has made a report of suspected abuse, neglect, or exploitation, only to the extent that he may be informed after completion and closure of the investigation whether legal action was taken, services were provided, or no action was taken.

               (B) No further information shall be released and the person shall be informed of the confidentiality of the information and the penalties for disclosure; and

          (8)(A) Agencies employing personal care assistants for purposes of screening applicants upon submission of a signed, notarized release from the applicant.

              (B) The only information released to the agency will be whether or not the registry contains any founded reports naming the applicant as an offender.

(b) Under no circumstances shall the information contained in the statewide central registry be released unless the person's or official's capacity is confirmed by the department and the released information states whether or not the report is founded or unfounded.

(c) A person given access to names or other information identifying a subject of a report, except the subject of a report, shall not divulge or make public identifying information unless he or she is an agent of the department, the prosecuting attorney, or other law enforcement official and the purpose is to initiate or provide evidence in a court action.

(d) However, information contained in the statewide central registry for abused adults may be made available to bona fide and approved research groups solely for the purpose of scientific research, but in no event shall the names of individuals be released, nor shall specific circumstances or facts related to a specific individual be utilized in any research report which might be identifiable with such individual.

(e) Any person who willfully permits and any other person who encourages the release of data or information contained in the central registry to persons not permitted by this chapter shall be guilty of a Class A misdemeanor.

History. Acts 1983, No. 452, § 14; A.S.A. 1947, § 59-1314; Acts 1995, No. 1338, § 2; 1997, No. 1034, § 3; 1999, No. 753, § 10.