Adjudication of allegations and risk

1. Law
2. Arkansas Code
3. Law Enforcement, Emergency Management, and Military Affairs
4. Law Enforcement Agencies and Programs
5. Child Maltreatment Act
6. Administrative Hearings
7. Adjudication of allegations and risk

1. (a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether:

   1. (1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and

   2. (2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.

2. (b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that:

   1. (1) An allegation of child maltreatment is true; and

   2. (2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population.

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