(a) A Department of Arkansas State Police investigator may close an investigation of a report of child maltreatment as unsubstantiated without complying with the requirements of this subchapter if:
(1) The child identified as the victim:
(A) Has been:
(i) Interviewed separate and apart from the alleged offender or any representative or attorney for the alleged offender when the child is of the age or ability to be interviewed; or
(ii) Observed separate and apart from the alleged offender or any representative or attorney for the alleged offender when the child is not of the age or ability to be interviewed; and
(B) Credibly denies the allegation of child maltreatment;
(2) The child identified as the victim does not have the physical injuries or physical conditions that were alleged in the report of child maltreatment;
(3) The person identified as the alleged offender has been interviewed and credibly denies the allegation of child maltreatment;
(4) The person identified as the alleged offender resides in the home or is a family member of the child identified as the victim, the Department of Arkansas State Police investigator has ascertained the environment in which the child resides and determined there is no merit to the report of child maltreatment as it pertains to the home environment;
(5) The Department of Arkansas State Police investigator:
(A) Has interviewed the person who made the report to the Child Abuse Hotline; or
(B) Has made a good faith effort to contact the person who made the report to the hotline but is unable to interivew the person; and
(C) Has not identified another maltreatment or health or safety factor regarding the victim child; and
(6) The Department of Arkansas State Police investigator interviewed a collateral witness and reviewed medical, school, and mental health records that are related to the allegations when the child was unable to effectively communicate.
(b) The Children's Advocacy Centers of Arkansas shall conduct forensic interviews, forensic medical examinations, and forensic mental health examinations if available and appropriate during the course of a child maltreatment investigation as is required by the memorandum of understanding authorized under § 9-5-110.
(c) All records under this section shall be released under §§ 12-18-620 and 12-18-910.
(d) This section does not apply if the alleged victim is in the custody of the Department of Human Services and the alleged act or omission occurred while the child was in the custody of the Department of Human Services.
Section: Previous 12-18-610 12-18-611 12-18-612 12-18-613 12-18-614 12-18-615 12-18-616 12-18-617 12-18-618 12-18-619 12-18-620 12-18-621 12-18-622 12-18-623Last modified: November 15, 2016