1. (a) Pending. Upon request, the Division of Children and Family Services shall release the following information via the Department of Human Services Director of Communications to the general public when an investigation is pending on a report of a near fatality of a child to the Child Abuse Hotline:

   1. (1) Age, race, and gender of the child;
   2. (2) Date of the child’s near fatality;
   3. (3) Allegations or preliminary cause of the near fatality;
   4. (4) County and type of placement of the child at the time of incident leading to the near- fatality;
   5. (5) Generic relationship of the alleged offender to child;
   6. (6) Agency conducting the investigation;
   7. (7) Legal action taken by the department; and
   8. (8) Services offered or provided by the department presently and in the past.

2. (b) True reports. Upon request, the department shall release the following information via the department’s Director of Communications to the general public when the investigative determination is true on a report of a near fatality of a child:

   1. (1) A nonidentifying summary of any previous child maltreatment investigations;

   2. (2) A nonidentifying summary of the current child maltreatment investigation, including:

      1. (A) The nature and extent of the child’s present and past injuries; and
      2. (B) Medical information pertaining to the incident;
   3. (3) Information about criminal charges, if known; and
   4. (4) Any action taken by the department or the Crimes Against Children Division of the Division of Arkansas State Police, including personnel action and licensing action.

3. (c) Unsubstantiated reports. Upon request the department shall release the following information via the department’s Director of Communications to the general public when the investigative determination is unsubstantiated on a report of a near fatality of a child:

   1. (1) A nonidentifying summary of any previous child maltreatment investigations;
   2. (2) A nonidentifying summary of the current child maltreatment investigation;
   3. (3) Information about criminal charges, if known; and
   4. (4) Any action taken by the department or the Crimes Against Children Division, including personnel action and licensing action.

4. (d) Information not to be released. Concerning the near fatality of a child, the department shall not release:

   1. (1) Information on siblings of the child;
   2. (2) Attorney-client communications; or
   3. (3) Any information if release of such information would jeopardize a criminal investigation.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013"