ARKANSAS

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WHO:        ANY person MAY report reasonable cause to suspect child maltreatment.  [Code Ann. § 12-18-401]

These are mandatory (MUST report): • Child care, daycare, or foster care workers • Coroners • Dentists and dental hygienists • Domestic abuse advocates and domestic violence shelter employees or volunteers • Employees of the Department of Human Services • Employees under contract for the Division of Youth Services of the Department of Human Services • Foster parents • Judges, law enforcement officials, peace officers, and prosecuting attorneys • Licensed nurses, physicians, mental health professionals or paraprofessionals, surgeons, resident interns, osteopaths, and medical personnel engaged in admission, examination, care, or treatment of persons • Public or private school counselors; school officials, including, without limitation, institutions of higher education; and teachers • Social workers and juvenile intake or probation officers • Court-appointed special advocate program staff members or volunteers • Attorneys ad litem • Clergy members, including ministers, priests, rabbis, accredited Christian Science practitioners, or similar functionaries • Employees of a child advocacy center or a child safety center • Advocates or volunteers who work with victims of sexual abuse • Advocates or volunteers who work with child victims of abuse or maltreatment as employees of a community based victim service or a mental health agency • Victim/witness coordinators • Victim assistance professionals or volunteers • Employees of the Crimes Against Children Division of the Department of Arkansas State Police • Employees or volunteers at reproductive health-care facilities • An individual not identified above who performs employment duties with a nonprofit charitable organization other than a hospital.  [Code Ann. § 12-18-402].

·        NOTE: The mandate is not limited to observations made while at work (except for fetal alcohol). It covers observations made at any time (except for fetal alcohol).

·        STANDARD:  Child means under age 18, married or single.  [Code Ann. §§ 12-18-402, -310, -401]  Maltreatment is the state’s legal term for abuse & neglect.

                              (1)      Mandatory reporters: (a) reasonable cause to suspect a child was maltreated, or died as a result or suddenly & unexpectedly; OR (b) observing one subjected to conditions or circumstances that would reasonably result in maltreatment.

o   “Suddenly & unexpectedly” means not by a disease or illness under physician care at the time; examples are: (a) sudden infant death syndrome; (b) sudden unexplained infant death; (c) accident; (d) suicide; (e) homicide; and (f) other undetermined circumstances.  [Code Ann. § 12-18-402(a)(1)(C)(ii)]

                              (2)      Also, for all health care reporters involved in the delivery or care of infants: (observing) an infant born and affected with a Fetal Alcohol Spectrum Disorder.

                              (3)      For other reporters: (a) reasonable cause to suspect a child was maltreated or died as a result of it, OR (b) observing a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

·        PRIVILEGE: NO privilege or contract exempts mandatory reports. Attorney-client and clergy-confessor/counselee privilege exempt testimony. The child is the client of a maltreatment physician, psychologist, psychiatrist, counselor or therapist. A report’s adult subject cannot invoke the child’s privilege.  [Code Ann. §§ 12-18-402(c); -803]

WHEN:      For all reporters: IMMEDIATELY.  Code Ann. §§ 12-18-402; -401] 

WHERE & HOW:  Anyone may report to the Child Abuse / Maltreatment Hotline, which is run jointly by the Dept. of Human Services (DHS) and Arkansas State Police.  [Code Ann. §§ 12-18-301; -402; https://humanservices.arkansas.gov/hotlines]

·        [For imminent danger to child:               Dial 911, call the hotline afterward.]  

·        Hotline (24/7):                                          1 (800) 482-5964  (1-844-SAVEACHILD)

1 (800) 843-6349 for TDD phones           

·        For non-emergency situations, a mandated reporter MAY use any of the hotline, fax, or online filing. S/he should give his/her name & phone number. For online reporting, the reporter must also provide his/her email address.  [Code Ann. § 12-18-302]

·        For online reports by anyone:     https://mandatedreporter.arkansas.gov/

·        For training:       https://ar.mandatedreporter.org/UserAuth/Login!loginPage.action

·        FETAL ALCOHOL SPECTRUM DISORDER: contact DHS by referral, call, or other communication.  [Code Ann. § 12-18-310]

·        SUSPICIOUS DEATHS: contact DHS.  [Code Ann. §§ 12-18-401, -402]

·        REPORT DETAILS: For investigation to begin, the report must have: (a) sufficient info to identify and locate the child or family. For in-family or in-home abuse, investigators check: (b) the maltreatment’s existence, cause, nature, and extent; (c) existence and extent of previous injuries; (d) suspected maltreater’s identity; (e) names and conditions of other children in the home; (f) the parent / caregiver circumstances; (g) environment where the child resides; (h) relationship of child(ren) to the parents / caregivers; and (i) all other pertinent data.  [Code Ann. §§ 12-18-303; 12-18-606]

·        REPORTER PROTECTION: (1) To be anonymous, a mandated reporter must use the hotline.  [Ann. Code §§ 12-18-909]  (2) A reporter’s identity is not disclosed unless a court determines the report was knowingly false.  [Code Ann. §§ 12-18-909]  (3) A mandatory reporter in good faith is immune from suit and to civil and criminal liability. Other reporters in good faith are immune from liability.  [Code Ann. § 12-18-107] 

WHY:         (1) Failing to make a mandated report is a class A misdemeanor unless the failure is reckless (class C); purposeful failure makes the reporter civilly liable also.  [Code Ann. §§ 12-18-201; -202; -206]  (2) Employers/supervisors who prohibit, limit, or retaliate against a mandatory report commit a class A misdemeanor.  [Code Ann. § 12-18-204]  (3) A purposely, knowingly false allegation in a report to the child abuse hotline is a class A misdemeanor on the first offense, and class D felony in subsequent offenses.  [Code Ann. § 12-18-203]

WHAT:      In Arkansas, “child maltreatment” includes physical and emotional abuse, drug exposure, neglect, abandonment, and sexual abuse/exploitation.  [Code Ann. § 12-18-103].

Initial Screening Criteria: (a) allegations of maltreatment defined by statute; (b) sufficient info to identify and locate the child or his/her family; and (c) the child or his/her family is present in Arkansas or the incident occurred there.   [Code Ann. §§ 12-18-303; 12-18-601]

Reportable: (1) anyone for emotional abuse, physical abuse, or exploitation / forced labor; (2) implicitly a caregiver for most neglect; (3) birth mother for prenatal substance abuse; (4) a parent for abandonment; or (5) a caregiver, juvenile, or any other person for sexual abuse or sexual exploitation.  [Code Ann. § 12-18-103]

·        Responsible person (caregiver) for the child includes:   [Code Ann. § 12-18-103]

(a)   a parent, guardian, custodian, or foster parent;

(b)   a person age >18 living in the home, whether related to the child or not;

(c)   one trusted with the child by a parent, guardian, custodian, or foster parent, e.g.:

(i)     agent / employee of a public or private: residential home, child care, or school;

(ii)    parent’s significant other (in household or not, if they act like a parent there); &

(iii)  anyone legally responsible for the child’s welfare. 

Abuse (Generally) includes acts or omissions with any of:  [Code Ann. § 12-18-103]

(A)     Psychology-Related Abuses – may or may not involve physical injury

(1)     CRUELTY: extreme or repeated cruelty;

(2)     THREAT: conduct creating a realistic, serious threat of: (a) death; (b) permanent or temporary disfigurement; or (c) bodily impairment;

(3)     DISABLEMENT: injures intellectual, emotional, or psych development, as evidenced by observable, substantial impairment of ability to function within the child's normal range of performance and behavior.

(B)     Body Injuries by Incident Type

(1)     SUSPICIOUS HARMS: any injury inconsistent with the account.

(2)     NON-ACCIDENTAL HARMS: any non-accidental physical injury.

(3)     PURPOSEFUL HARMS: Intentional or knowing: (a) throwing, kicking, burning, biting, or cutting; (b) closed-fist striking; (c) shaking; or (d) striking face or head.

(4)     FORBIDDEN PER SE: even without injury: (a) striking face or head (< age 6); (b) shaking (< age 3); (c) interfering with breathing; (d) acts at genitals (pinching, biting, striking); (e) tying to a fixed or heavy object or binding/tying limbs; (f) giving/permitting unprescribed poisonous or noxious substances that can interfere with physiology; (g) giving/permitting unprescribed mood-altering substances (or overdosing); (h) exposing a child to hazardous substances or drug-making chemicals (e.g., for methamphetamine); and (i) medically confirmed Munchausen syndrome [faking child’s sickness, by parent seeking attention].

(C)     Exploitation

(1)     FORCED LABOR: (a) recruiting, harboring, transporting, or obtaining a child for labor or services, through (b) force, fraud, or coercion, for the purpose of subjection to (c) involuntary servitude, peonage, debt bondage, or slavery.

(2)     CAVEAT: It is NOT abuse if (a) a parent or guardian administers (b) reasonable, moderate physical disciple (c) to restrain or correct a child, if it results in (d) no more than transient pain or minor temporary marks.  [Code Ann. § 12-18-103]

(D)     The same guidelines apply to an on-duty employee of a licensed child welfare agency acting in his/her official capacity, IF: (a) the agency has a restraint policy and procedures; (b) no alternative exists to control the child; (c) the child is in danger of hurting him/herself or others; (d) the employee has been trained in proper restraints, de-escalation, and conflict resolution; (e) the restraint is for a reasonable period; and (f) the restraint conforms to the training, policy and procedures.

(E)     Whether physical discipline is reasonable or moderate is based on a child’s: (a) age; (b) size; (c) condition; (d) injury location; and (e) injury frequency / recurrence.

Neglect: acts or omissions such as failure or refusal to: (1) prevent or protect from child abuse (abandonment, abuse, sexual abuse / exploitation, neglect, parental unfitness) that the person knows of or should have; (2) provide necessary food, clothing, healthy safe shelter, medical/surgical treatment and other physical, mental and emotional needed care; (3) provide for care, maintenance, and proper or necessary support, when able; (4) provide for custody and supervision, to avoid leaving child alone in inappropriate circumstances or at risk of harm in dangerous situations; or (5) ensure attendance (ages 6-17) in school or home school. It is also neglect if (6) the mother knowingly uses an illegal substance that she and/or the baby have in their bodies at birth.  [Code Ann. § 12-18-103] 

(A)      Exception: It is NOT neglect if the failure to provide care is primarily due to financial inability and no relief services have been offered.

(B)      Abandonment: includes a parent’s (1) failure to provide reasonable support; (2) intentional failure to maintain regular contact, indefinitely; (3) doing (1) or (2) without just cause; or (4) stated intent to forego responsibility.  [Code Ann. § 12-18-103] 

o   EXCEPTION: it is NOT abandonment if the child is a married minor.

Sexual Abuse / Exploitation:  

(A)      Sexual Abuse includes:  [Code Ann. §§ 12-18-103; 12-18-1201]

                                 (1)     BY someone age 14 or more TO someone under age 18: (a) using force to compel actual or attempted sexual acts (intercourse / deviate activity / contact); (b) indecent exposure; or (c) forcing the watching of porn or live sexual activity.

(A)     “Deviate activity” means gratification by even slight penetration: of a penis to an anus or mouth, or a body part or foreign object to a vagina or anus.

(B)     “Force” is: physical force, intimidation, or threat, express or implied, of physical injury, death, rape, sexual abuse, or kidnapping anyone. Acts against a child’s will are force. Assessment concerns his/her age, development, stature, relationship to the assailant, and threats to deprive him/her of affection, rights, or privileges.

                                 (2)     BY someone age 18 or more TO their non-spouse under age 15, – OR – BY someone age 20 or more TO their non-spouse age 16 or less: (a) actual or (b) attempted intercourse / deviate activity / sexual contact, or (c) solicitation of it.

                                 (3)     BY a caregiver TO a child under age 18: (a) actual or attempted intercourse / deviate activity / sexual contact, or solicitation of it; (b) forced or encouraged watching of porn; (c) forced, permitted, or encouraged watching of live sexual activity; (d) forced listening to a phone sex line; or (e) an act of voyeurism.

                                 (4)     BY someone age 18 or more TO someone under age 18: recruiting, harboring, transporting, obtaining, patronizing, or soliciting a child for a commercial sex act.

                                 (5)     CONTEXT: INCEST. The statute concerns activity where both persons are age 16 or more. It is summarized here as background: a person marries or has sexual intercourse or deviate sexual activity, knowing the other person is – legitimately or not – his/her: (a) ancestor or descendant; (b) stepchild or adopted child; (c) brother or sister of whole or half blood; (d) uncle, aunt, nephew, or niece; or (e) step-grandchild or adopted grandchild.  [Code Ann. § 5-26-202(a),(b)] 

(B)      The Age of Consent is 16 for a non-spouse; consent is implicit for a younger spouse. The rules vary for younger ages, but generally a child age <16 can consent to a person no more than 3 years older. Underage sex with greater age differences is deemed non-forcible rape.  [Code Ann. §§ 5-14-103, -110, -125, -126, -127]

                                 (1)     PROSECUTION: (a) Adults age 18 or more versus a minor age <15, and (b) adults age 20 or more versus a minor age <16. Mistake-in-age is a defense as to a child’s age 14 or more.  [Code Ann. §§ 5-14-102, -110, -127]

                                 (2)     THERE IS NO DEFENSE FOR adult (age >18) sexual activity with a minor by: (a) an official (in corrections or human services) with a minor in custody, who is not his/her spouse; or (b) a mandated reporter in a position of trust and authority over the minor; or (c) a minor’s: parent or guardian, employee of the minor’s school or school district, temporary caretaker, or someone in a position of trust and authority over the minor; or (d) an official (in corrections, local law enforcement, court, etc.) with a minor on probation, parole or other court order under his/her oversight. 

(C)     Sexual Exploitation incudes acts BY someone age 18 or more TO a child who is not his/her spouse, – OR – BY a child’s caregiver TO the child:  [Code Ann. §§ 12-18-103; 12-18-1201]

                                 (1)     ALLOWING, permitting, or encouraging participation or depiction of the child in prostitution, obscene photos, or obscene films.

                                 (2)     Obscenely DEPICTING / posing / posturing the child for any use or purpose.

                                 (3)     SEXUAL EXPLOITATION: a child age <18 is a sex TRAFFICKING victim (§ 5-18-103; 18 U.S.C. § 1591) or in PROSTITUTION or sexual SOLICITATION.