(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 fatality of a child to the Child Abuse Hotline:
- (1) Age, race, and gender of the child;
- (2) Date of the child’s death;
- (3) Allegations or preliminary cause of death;
- (4) County and type of placement of the child at the time of incident leading to the child’s death;
- (5) Generic relationship of the alleged offender to child;
- (6) Agency conducting the investigation;
- (7) Legal action taken by the department;
- (8) Services offered or provided by the department presently and in the past; and
- (9) Name of the child.
(b) True reports. Upon request, the department shall release the following information via the department Director of Communications to the general public when the investigative determination is true on a report of a fatality of a child:
- (1) A summary of previous child maltreatment investigations, but the disclosure shall not include the name of the offender of offenders;
(2) A summary of the current child maltreatment investigation including:
- (A) The nature and extent of the child’s present and past injuries;
- (B) Medical information pertaining to the death; and
- (C) The name of the offender if due process has been satisfied or the offender has been arrested;
- (3) All relevant risk and safety assessments completed on the child;
- (4) Information about criminal charges, if known; and
- (5) Any action taken by the department or the Crimes Against Children Division, including personnel action and licensing action.
(c) Unsubstantiated reports. Upon request, the department shall release the following information via the department Director of Communications to the general public when the investigative determination is an unsubstantiated report of a fatality of a child:
- (1) A summary of previous child maltreatment investigations, but the disclosure shall not include the name of the alleged offender or offenders;
- (2) A summary of the current child maltreatment investigation including medical information pertaining to the death, however, the name of the alleged offender shall not be disclosed;
- (3) All relevant risk and safety assessments completed on the child;
- (4) Information about criminal charges, if known; and
- (5) Any action taken by the department or the Crimes Against Children Division, including personnel action and licensing action.
(d) Information not to be released. Concerning the fatality of a child, the department shall not release:
- (1) Information on siblings of the child;
- (2) Attorney-client communications; and
- (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"