Public disclosure of information on deaths and maltreatment

1. Law
2. Arkansas Code
3. Family Law
4. Minors
5. Placement or Detention
6. Children and Family Services
7. Public disclosure of information on deaths and maltreatment

1. (a)

   1. (1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the hotline.

   2. (2) The notice of a reported fatality or near fatality of a child shall state the:

      1. (A) Age, race, and gender of the child;

      2. (B) Date of the child's death or incident;

      3. (C) Allegations or preliminary cause of death or incident;

      4. (D) County and type of placement of the child at the time of incident;

      5. (E) Generic relationship of the alleged offender to the child;

      6. (F) Agency conducting the investigation;

      7. (G) Legal action by the department; and

      8. (H) Services offered or provided by the department presently and in the past.

   3. (3) The notice of a fatality of a child shall also include the name of the child.

   4. (4) The department shall not put on the web page any:

      1. (A) Information on siblings of the child; or

      2. (B) Attorney-client communications.

   5. (5) The department may elect not to place notice on the department's web page if:

      1. (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and

      2. (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

2. (b)

   1. (1) Upon request, the department shall release the following information to the general public when a hotline report is received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department:

      1. (A) Age, race, and gender of the child;

      2. (B) Allegations of maltreatment;

      3. (C) County and placement of the child at the time of the incident;

      4. (D) Generic relationship of the alleged offender to the child; and

      5. (E) Action taken by the department.

   2. (2) The department shall not release:

      1. (A) Information on siblings of the child; or

      2. (B) Attorney-client communications.

   3. (3) The department shall not release any information if:

      1. (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and

      2. (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

3. (c)

   1. (1) Upon request, the department shall release the following information when a child dies if that child was in an out-of-home placement as defined under § 9-27-303(40):

      1. (A) Age, race, and gender of the child;

      2. (B) Date of the child's death;

      3. (C) Preliminary cause of death;

      4. (D) County and type of placement of the child at the time of the incident; and

      5. (E) Action by the department.

   2. (2) The department shall not release:

      1. (A) Information on siblings of the child; or

      2. (B) Attorney-client communications.

   3. (3) The department shall not release any information if:

      1. (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and

      2. (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

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