(a) The Department of Human Services and the Department 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.
(b) (1) All investigations shall begin within seventy-two (72) hours.
(2) However, the investigation shall begin within twenty-four (24) hours if:
(A) The allegation is severe maltreatment, excluding an allegation of:
(i) 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;
(ii) Abandonment and the child is in a facility; or
(iii) 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;
(B) The allegation is that a child has been subjected to neglect as defined in ยง 12-18-103(14)(B); or
(C) (i) A child has died suddenly and unexpectedly.
(ii) As used in subdivision (b)(1)(C)(i) of this section, "died suddenly and unexpectedly" means a child death that was not caused by a known disease or illness for which the child was under a physician's care at the time of death, including without limitation child deaths as a result of the following:
(a) Sudden infant death syndrome;
(b) Sudden unexplained infant death;
(c) An accident;
(d) A suicide;
(e) A homicide; or
(f) Other undetermined circumstance.
(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.
(d) The Department of Human Services and the Department of Arkansas State Police shall:
(1) Develop policy and procedures to follow when a child dies suddenly and unexpectedly to use in a child death investigation;
(2) Determine during the Department of Human Services' and the Department of Arkansas State Police's investigation whether the child's death was caused by child maltreatment; and
(3) Assess the home to ensure the safety of surviving siblings or children in the home.
(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.
Section: 12-18-602 12-18-603 12-18-604 12-18-605 12-18-606 12-18-607 12-18-608 12-18-609 12-18-610 12-18-611 12-18-612 12-18-613 12-18-614 12-18-615 NextLast modified: November 15, 2016