1. (a) An offender’s name shall be placed in the Child Maltreatment Central Registry in the following cases, as provided by Arkansas Code § 12-18-903:

   1. (1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not request an administrative hearing within thirty (30) days;
   2. (2) The offender was a child age fourteen (14) to seventeen (17) at the time of the act or omission and the child or his or her legal guardian waived the administrative hearing;
   3. (3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; and
   4. (4) Upon completion of the administrative hearing process, the Division of Children and Family Services determination of true is upheld.

2. (b) In addition to the requirements above, the name of an offender will be placed in the Child Maltreatment Central Registry only if the Department of Human Services determines pursuant to Arkansas Code § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation:

   1. (1) Children;
   2. (2) The elderly;
   3. (3) Persons with a disability; and
   4. (4) Persons with a mental health illness.

3. (c) Provisional placement.

   1. (1)

      1. (A) An offender’s name shall be placed provisionally in the Child Maltreatment Central Registry as specified by Arkansas Code § 12-18-905 when directed by an Administrative Law Judge (ALJ) after the determination of a prima facie case in a preliminary administrative hearing (refer to 9 CAR §§ 40-1502 and 40-1007).
      2. (B) The alleged offender may request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination.
      3. (C) Failure to do so shall result in a finding by the ALJ that the provisional designation shall be removed and the offender’s name shall be officially placed in the Child Maltreatment Central Registry.
   2. (2) If an alleged offender’s name is provisionally placed in the Child Maltreatment Central Registry, any disclosure by the Child Maltreatment Central Registry shall include the notation that the name has only been provisionally placed in the Child Maltreatment Central Registry.

4. (d) Permanent placement. Pursuant to Arkansas Code § 12-18-908, an offender shall permanently remain on the Child Maltreatment Central Registry if the:

   1. (1) Adult offender:

      1. (A) Is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the offense from the adult offender’s criminal record;
      2. (B) Has a conviction for the criminal offense described in subdivision (d)(1)(A) of this section, above, that has not been reversed or vacated; and
      3. (C) Has his or her name placed in the registry for severe maltreatment; or

   2. (2) Offender was a juvenile fourteen to seventeen (14 – 17) years of age, and:

      1. (A) Is convicted of a felony as an adult for an act or omission for which the offender is named in the Child Maltreatment Central Registry, regardless of any subsequent expungement of the felony from the offender’s criminal record;
      2. (B) The offender’s conviction for the felony described in subdivision (d)(1)(A) of this section, above, has not been reversed or vacated; and
      3. (C) The offender’s name is placed in the registry for severe maltreatment.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "05/2022"