- (a) Prospective owners, household members who are ten (10) years of age or older, and employees who have not lived in the State of Arkansas during the preceding five (5) years will be subject to current federal guidelines regarding conducting a Child Maltreatment Central Registry check in any states where they resided during the past five (5) years.
- (b) The following persons shall be required to have their background reviewed through a Child Maltreatment Central Registry check:
| Each applicant | At application and every two (2) years thereafter |
| All household members who are at least ten (10) years of age | At application, upon residency, and every two (2) years thereafter |
| Staff members and applicants for employment in a registered home | Prior to employment and every two (2) years thereafter |
| All volunteers and therapists who have access to children in the home | Prior to providing services or being present in the home and every two (2) years thereafter |
| Other persons who have routine contact with children | Prior to providing services or participating in home activities and every two (2) years thereafter |
(c)
- (1) The Office of Early Childhood has the authority to review and consider each true (founded) report of child maltreatment received from the Child Maltreatment Central Registry.
- (2) The office shall retain the authority to deny the applicant or revoke the registration.
(d)
- (1) All caregivers are mandated reporters under the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq.
(2)
- (A) The caregiver shall notify the Child Abuse Hotline number at 1-800-482-5964 when there is reason to believe that a child has been abused or neglected
- (B) These reports of child maltreatment shall include all allegations made to the registrant by:
(i) Parents;
(ii) Staff members; or
- (iii) The general public.
- (3) It is recommended that the registrant call the childcare licensing specialist for guidance if there is any question about whether the hotline should be called regarding any situation where potential child maltreatment is involved.
(4) If a complaint of child maltreatment is filed against any registrant or persons in the home, the Child Care Licensing Unit shall:
- (A) Evaluate the risk to children; and
- (B) Determine the suitability of the persons to supervise, be left alone with children, or remain in the home during hours of care until the allegations have been determined true or unsubstantiated.
(e)
- (1) The registered childcare family home operator and any employees or other persons in the home who have had a true report of child maltreatment shall follow the corrective action plan approved by the licensing unit.
- (2) Corrective action measures may vary from relevant training to reassignment or termination.
- (3) Failure to comply with corrective action plans can constitute grounds for adverse action against the registration.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following at the end of subdivision (d)(2)(A): “(AR Code Annotated 12-12-501 et seq.)”. This statute was repealed by Acts 2009, No. 749, which moved the Child Maltreatment Act to Arkansas Code § 12-18-101 et seq.