Initiation of the investigation

  1. Law
  2. Arkansas Code
  3. Law Enforcement, Emergency Management, and Military Affairs
  4. Law Enforcement Agencies and Programs
  5. Child Maltreatment Act
  6. Investigative Proceedings
  7. Initiation of the investigation

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  1. (a) The Department of Human Services and the Division of Arkansas State Police shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment or notification of a child death.

  2. (b)

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

    2. (2) However, the investigation shall begin within twenty-four (24) hours if:

      1. (A) The allegation is severe maltreatment, excluding an allegation:

        1. (i) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender;

        2. (ii) Of abandonment and the child is in a facility;

        3. (iii) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or

        4. (iv) In which the alleged victim is in a facility and does not currently have contact with the alleged offender;

      2. (B) The allegation is that a child has been subjected to neglect as defined in § 12-18-103(14)(B); or

      3. (C) A child has died suddenly and unexpectedly.

  3. (c) At the initial time of contact with the alleged offender, the person conducting the investigation shall advise the alleged offender of the allegations made against the alleged offender in a manner that is consistent with the laws protecting the rights of the person who made the report.

  4. (d) The Department of Human Services and the Division of Arkansas State Police shall:

    1. (1) Develop policy and procedures to follow when a child dies suddenly and unexpectedly to use in a child death investigation;

    2. (2) Determine during the Department of Human Services’ and the Division of Arkansas State Police’s investigation whether the child's death was caused by child maltreatment; and

    3. (3) Assess the home to ensure the safety of surviving siblings or children in the home.

  5. (e) Upon initiation of the investigation, the primary focus of the investigation shall be whether or not the alleged offender has access to children and whether or not children are at risk such that children need to be protected.


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