Ark. Code Ann. § 12-18-402 (2026)

1. An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she:
   1. Has reasonable cause to suspect that a child has:
      1. Been subjected to child maltreatment;
      2. Died as a result of child maltreatment; or
      3. Died suddenly and unexpectedly; or
   2. Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
2. The following individuals are mandated reporters under this chapter:
   1. A child care worker or foster care worker;
   2. A coroner;
   3. A day care center worker;
   4. A dentist;
   5. A dental hygienist;
   6. A domestic abuse advocate;
   7. A domestic violence shelter employee;
   8. A domestic violence shelter volunteer;
   9. An employee of the Department of Human Services;
   10. An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment;
   11. A foster parent;
   12. A judge;
   13. A law enforcement official;
   14. A licensed nurse;
   15. Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;
   16. A mental health professional or paraprofessional;
   17. An osteopath;
   18. A peace officer;
   19. A physician;
   20. A prosecuting attorney;
   21. A resident intern;
   22. A public or private school counselor;
   23. A school official, including without limitation institutions of higher education;
   24. A social worker;
   25. A surgeon;
   26. A teacher;
   27. A court-appointed special advocate program staff member or volunteer;
   28. A juvenile intake or probation officer;
   29. A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member:
       1. Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or
       2. Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;
   30. An employee of a child advocacy center or a child safety center;
   31. An attorney ad litem in the course of his or her duties as an attorney ad litem;
   32. 1. A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families.
       2. A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
   33. A rape crisis advocate or rape crisis volunteer;
   34. 1. A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families.
       2. A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
   35. A victim/witness coordinator;
   36. A victim assistance professional or victim assistance volunteer;
   37. An employee of the Crimes Against Children Division of the Division of Arkansas State Police;
   38. An employee of a reproductive healthcare facility;
   39. A volunteer at a reproductive healthcare facility;
   40. An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital; and
   41. A Child Welfare Ombudsman.
3. 1. A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section.
   2. An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline.
   3. An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.
4. A mandated reporter who in good faith notifies the Child Abuse Hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.

History. Acts 2009, No. 749, § 1; 2009, No. 1409, § 1; 2011, No. 1143, § 8; 2013, No. 725, § 7; 2013, No. 1086, §§ 7, 8; 2015, No. 1056, § 1; 2015, No. 1211, § 3; 2017, No. 250, § 12; 2019, No. 186, § 1; 2019, No. 531, § 3; 2019, No. 945, § 5.

A.C.R.C. Notes. Acts 2013, No. 725, § 1, provided: “Findings and purposes.

“(a) The General Assembly finds that:

“(1) Children are increasingly being preyed upon, victimized, and coerced into illegal sexual relationships by adults;

“(2) The Child Maltreatment Act, § 12-18-101 et seq., requires caretakers, healthcare facilities, healthcare providers, teachers, and other specified individuals to report suspected incidents of sexual crimes against children;

“(3) The physical, emotional, developmental, and psychological impact of sexual crimes on child victims can be severe and long-lasting;

“(4) The societal costs of these crimes are also significant and affect the entire populace;

“(5) The collection, maintenance, and preservation of evidence, including forensic tissue samples, furthers Arkansas's interest in protecting children from sexual crimes and provides the state with the tools necessary for successful investigations and prosecutions;

“(6) Parents and guardians have both the right and responsibility to be involved in medical treatment decisions involving their children, and no one has the right to knowingly or willfully impede or circumvent this right;

“(7)(A) There are documented cases of individuals other than a parent or guardian aiding, abetting, and assisting minor girls to procure abortions without their parents' or guardians' knowledge, consent, or involvement.

“(B) These activities of individuals other than a parent or guardian include transporting children across state lines to avoid Arkansas's parental involvement requirements for abortion; and

“(8) Such actions violate both the sanctity of the familial relationship and Arkansas's parental involvement law concerning abortion.

“(b) The General Assembly's purposes in enacting the Child Maltreatment Act are to further the important and compelling state interests of:

“(1) Protecting children from sexually predatory adults;

“(2) Ensuring that adults who are involved in illegal sexual relationships or contact with children are reported, investigated, and, when warranted, prosecuted;

“(3)(A) Relieving medical professionals and other mandatory reporters of suspected sexual crimes against children from any responsibility to personally investigate an allegation or suspicion.

“(B) Mandatory reporters must simply report allegations, suspicions, and pertinent facts.

“(C) Trained law enforcement or social services personnel are responsible for any investigation and for the ultimate disposition of the allegation or case;

“(4) Reducing the physical, emotional, developmental, and psychological impact of sexual crimes on child victims;

“(5) Reducing the societal and economic burden on the populace that results from sexual crimes against children;

“(6) Providing law enforcement officials with the tools and evidence necessary to investigate and prosecute child predators; and

“(7) Protecting and respecting the right of parents and guardians to be involved in the medical decisions and treatment of their children and preventing anyone from knowingly or willfully subverting or circumventing these rights.”

Acts 2019, No. 945, § 1, provided: “Legislative intent. It is the intent of the General Assembly to create a Child Welfare Ombudsman Division within the Arkansas Child Abuse/Rape/Domestic Violence Commission to provide for independent oversight of the child welfare system in Arkansas”.

Amendments. The 2009 amendment by No. 1409 added (b)(32) through (b)(36).

The 2011 amendment added (b)(37).

The 2013 amendment by No. 725 added (b)(38) and (b)(39).

The 2013 amendment by No. 1086 added “or paraprofessional” in (b)(16); inserted “public or private” in (b)(22); added “including without limitation institutions of higher education” in (b)(23); and substituted “An employer or supervisor of an employee identified as a mandated reporter” for “A school, Head Start program, or day care facility” in (c)(2) and (3).

The 2015 amendment by No. 1056 added (b)(40).

The 2015 amendment by No. 1211 added (a)(1)(C).

The 2017 amendment deleted (a)(1)(C)(ii); and redesignated (a)(1)(C)(i) as (a)(1)(C).

The 2019 amendment by No. 186 added (d).

The 2019 amendment by No. 531, in (b)(10), substituted “or a contractor of” for “the Division of Youth Services of” and added “when acting within the scope of his or her contract or employment”.

The 2019 amendment by No. 945 added (b)(41).