Determination of name removal request by an offender
Arkansas Code § 12-12-1723; Arkansas Code § 20-76-201
- (a) The Adult Maltreatment Registry Review Team will consider requests for removal of names from the registry.
(b) In determining whether to remove an offender from the registry, the review team shall consider any relevant evidence, which may include without limitation the following:
- (1) The circumstances surrounding the maltreatment;
- (2) The seriousness of the harm caused by the maltreatment;
- (3) The probability of the offender engaging in future maltreatment;
(4) Evidence of the offender’s:
- (A) Completion of training;
- (B) Rehabilitation; and
- (C) Efforts to learn effective strategies to care for adults;
- (5) Information submitted by the petitioner;
- (6) Any other information that is relevant to the specific offense; and
- (7) Input from any victim or surviving family member of a victim of the underlying facts for which the offender/petitioner was placed onto the registry.
(c) If the review team denies the request-for-removal of the name from the registry, the review team shall send a denial letter to the offender explaining the reason for denial as it relates to:
- (1) The circumstances surrounding the maltreatment;
- (2) The seriousness of the harm caused by the maltreatment;
- (3) The probability of the offender engaging in future maltreatment;
(4) Evidence of the offender’s:
- (A) Completion of training;
- (B) Rehabilitation; and
- (C) Efforts to learn effective strategies to care for adults;
- (5) Any pending criminal charges surrounding the maltreatment; and
- (6) Any other information that is relevant to the specific offense.
(d)
- (1) The offender shall wait one (1) year from the date of the request for removal before filing a new petition with the Adult Protective Services Unit of the Department of Human Services requesting the offender’s name be removed from the registry.
- (2) However, if the review team needs additional information from the offender in order to make the determination as to whether to remove his or her name from the registry, the review team may request that the offender provide the additional information without requiring the offender to wait an additional year to file a new petition.
- (3) The review team shall inform the offender in writing of the specific additional information requested.
(4)
- (A) The offender shall have ten (10) calendar days from the date of the request to submit the requested additional information.
- (B) If the request is sent via mail, the offender shall be given an additional three (3) calendar days to submit the information.
- (C) If the requested information is not submitted within the specified timeframe, then the offender shall wait one (1) year from the date of the request to file a new petition requesting his or her name be removed from the registry.
- (e) If the review team denies the request-for-removal of the name from the registry, the offender may request judicial review pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.