Ark. Code Ann. § 12-18-702 (2026)

1. Upon completion of an investigation under this chapter, the Department of Human Services and the Division of Arkansas State Police shall determine whether the allegations of child maltreatment are:
   1. 1. Unsubstantiated.
      2. An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
   2. 1. True.
      2. A true determination shall be entered when the allegation is supported by a preponderance of the evidence;
   3. 1. True but exempted.
      2. A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
         1. A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
         2. The offender is an underaged juvenile offender;
         3. The report was true for neglect as defined under § 12-18-103(14)(B); or
         4. The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or
   4. 1. Inactive.
      2. If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.
2. An investigation of a report of child maltreatment that is closed under § 12-18-601 shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive.
3. 1. If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.
   2. 1. The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment.
      2. The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population:
         1. The severity of the child maltreatment;
         2. The nature and severity of an injury or other adverse impact caused by the child maltreatment;
         3. The access the offender has to a vulnerable population;
         4. Any previous substantiated child maltreatment findings against the offender;
         5. A subsequent report of child maltreatment alleged against the offender; and
         6. The criminal history of the offender.

History. Acts 2009, No. 749, § 1; 2011, No. 1143, § 14; 2013, No. 1006, § 16; 2015, No. 1004, § 19; 2019, No. 802, § 5.

A.C.R.C. Notes. Acts 2019, No. 802, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) All members of society desire the safety of all children;

“(2) A child raised under constant adult supervision may miss opportunities for growth that will negatively impact his or her mental and physical development;

“(3) The alarming rise of childhood obesity and diabetes is almost certainly linked to an increase in the sedentary lifestyle and lack of physical activity for children today, which is often encouraged by parents and guardians, including without limitation by insisting on driving their children to school;

“(4) As measured by incidences of mental health difficulties, the over-supervised youth of today experience more difficulties when they reach adulthood than earlier generations;

“(5) Earlier generations learned resilience by walking, bicycling, playing, helping, and solving problems without constant adult intervention;

“(6) Parents and guardians are often in the best position to weigh the risk and make decisions concerning the safety of children under their care, including without limitation where their child may go, with whom, and when; and

“(7) Parents and guardians who have done nothing more than briefly and safely permitted their children to remain unsupervised should not be subject to investigation and possible prosecution as it causes unnecessary governmental intrusion and diversion of valuable public resources.

“(b) It is the intent of the General Assembly that this act:

“(1) Protect and promote the inherent right of a parent or guardian to raise his or her children;

“(2) Protect the decision of a parent or a guardian to grant his or her children unsupervised time to engage in activities that include without limitation playing outside, walking to school, bicycling, remaining briefly in a vehicle, and remaining at home; and

“(3) Ensure that valuable public resources are used most effectively to protect children by providing a secondary review to ensure that:

“(A) Calls to the Child Abuse Hotline are properly accepted;

“(B) Child maltreatment investigations are closed when the results of the investigation indicate that the allegations lack merit; and

“(C) Only the names of offenders who pose a risk to a vulnerable population are placed on the Child Maltreatment Central Registry.”

Amendments. The 2011 amendment substituted “offender” for “aggressor” in (2)(C)(ii); and added (2)(C)(iv).

The 2013 amendment rewrote (2)(C)(iv).

The 2015 amendment inserted “and the Department of Arkansas State Police” in the introductory language.

The 2019 amendment added (b) and (c) and designated the former section as (a); added (a)(3)(A); redesignated former (a)(2)(C) as (a)(3)(B); substituted “is a true determination where” for “which means that” in (a)(3)(B); inserted “at the time of the offense” in (a)(3)(B)(iv); and redesignated former (a)(3)(A) and (a)(3)(B) as (a)(4)(A) and (a)(4)(B).