§ 12-18-909 - Availability of true reports of child maltreatment from the central registry.
12-18-909. Availability of true reports of child maltreatment from the central registry.
(a) True reports of child maltreatment are confidential and may be disclosed only as provided in this chapter.
(b) (1) The Department of Human Services may charge:
(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files of child maltreatment cases; and
(B) A reasonable fee for reproducing copies of tapes and photographs.
(2) A fee may not be charged to:
(A) A nonprofit or volunteer agency that requests searches of the investigative files; or
(B) A person who is indigent.
(c) (1) The department shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.
(2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.
(d) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.
(2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the department.
(3) However, a local educational agency or a school counselor shall forward all true reports of child maltreatment received from the department when a child transfers from one (1) local educational agency to another and shall notify the department of the child's new school and address, if known.
(4) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report.
(e) (1) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of maltreatment, a juvenile offender, or an underaged juvenile aggressor.
(2) This information may include:
(A) The investigative determination or the investigation report; and
(B) The services offered and provided.
(f) If an alleged offender's name has been provisionally placed in the Child Maltreatment Central Registry, any disclosure by the registry shall include the notation that the name has only been provisionally placed in the registry.
(g) A report made under this chapter that is determined to be true, as well as any other information obtained, including protected health information, and a report written or photograph or radiological procedure taken concerning a true report in the possession of the department shall be confidential and shall be made available only to:
(1) The administration of the adoption, foster care, children's and adult protective services programs, or child care licensing programs of any state;
(2) A federal, state, or local government entity, or any agent of the entity, having a need for the information in order to carry out its responsibilities under law to protect children from abuse or neglect;
(3) Any person who is the subject of a true report;
(4) A civil or administrative proceeding connected with the administration of the Arkansas Child Welfare State Plan when the court or hearing officer determines that the information is necessary for the determination of an issue before the court or agency;
(5) An audit or similar activity conducted in connection with the administration of such a plan or program by any governmental agency that may by law conduct the audit or activity;
(6) (A) A person, agency, or organization engaged in a bona fide research or evaluation project having value as determined by the department in future planning for programs for maltreated children or in developing policy directions.
(B) However, any confidential information provided for a research or evaluation project under this subdivision shall not be redisclosed.
(C) However, if a research or evaluation project results in the publication of related material, confidential information provided for a research or evaluation project under this subdivision shall not be disclosed;
(7) A properly constituted authority, including multidisciplinary teams referenced in this chapter, investigating a report of known or suspected child abuse or neglect or providing services to a child or family that is the subject of a report;
(8) (A) The Division of Child Care and Early Childhood Education of the Department of Human Services and the child care facility owner or operator who requested the registry information through a signed notarized release from an individual who is a volunteer, has applied for employment, is currently employed by a child care facility, or is the owner or operator of a child care facility.
(B) This disclosure shall be for the limited purpose of providing registry background information and shall indicate a true finding only;
(9) Child abuse citizen panels described in the Child Abuse Prevention and Treatment Act, 42 U.S.C. 5106a;
(10) Child fatality review panels as authorized by the department;
(11) (A) A grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury.
(B) The grand jury or court may disclose it to parties to a legal proceeding upon a finding that the report is necessary for the presentation of a party's complaint or defense and under such terms or protective order that the court orders;
(12) The current foster parents of a child who is a subject of a report;
(13) (A) Acting in their official capacities, individual United States and Arkansas senators and representatives and their authorized staff members but only if they agree not to permit any redisclosure of the information.
(B) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address;
(14) A Court Appointed Special Advocate upon presentation of an order of appointment for a child who is a subject of a report;
(15) The attorney ad litem of a child who is the subject of a report;
(16) (A) An employer or volunteer agency for purposes of screening an employee, applicant, or volunteer who is or will be engaged in employment or activity with children, the elderly, individuals with disabilities, or individuals with mental illness upon submission of a signed, notarized release from the employee, applicant, or volunteer.
(B) The registry shall release only the following information on true reports to the employer or agency:
(i) That the employee, applicant, or volunteer has a true report;
(ii) The date the investigation was completed; and
(iii) The type of true report;
(17) The Division of Developmental Disabilities Services and the Division of Aging and Adult Services as to participants of the waiver program;
(18) The Division of Child Care and Early Childhood Education of the Department of Human Services for purposes of enforcement of licensing laws and regulations;
(19) Any licensing or registering authority to the extent necessary to carry out its official responsibilities;
(20) Any person or entity to whom notification was provided under this chapter; and
(21) Any school superintendent, principal, or a person in an equivalent position, or the Department of Education to the extent necessary to carry out its responsibility to ensure that children are protected while in the school environment or during off-campus school activities.