1. (a) When a determination that an allegation of child maltreatment is not supported by a preponderance of evidence and is determined to be unsubstantiated, the investigating agency shall notify as outlined below or confirm upon request as outlined below, only if notice of the allegation was given.

2. (b) Law enforcement.

   1. (1) Type of allegation. Severe maltreatment only.

   2. (2) What information.

      1. (A) Name of each victim.
      2. (B) Name of alleged offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days of determination.
   4. (4) Form. CFS-241-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney or CACD-241-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney as appropriate.

3. (c) Prosecuting attorney.

   1. (1) Type of allegation. Severe maltreatment only.

   2. (2) What information.

      1. (A) Name of each victim.
      2. (B) Name of alleged offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days of determination.
   4. (4) Form. CFS-241-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney or CACD-241-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney as appropriate.

4. (d) Licensing or registering authority.

   1. (1) Type of allegation. All maltreatment.

   2. (2) What information.

      1. (A) Name of alleged offender.
      2. (B) Type of maltreatment.
   3. (3) When. Upon request.
   4. (4) Form. CFS-242-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Licensing or Registering Authority or CACD-242-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Licensing or Registering Authority as appropriate.

5. (e) Facility director.

   1. (1) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility and the facility is licensed or registered by, or is operated by or operated under contract with the State of Arkansas.

   2. (2) What information.

      1. (A) Name of alleged offender.
      2. (B) Type of maltreatment.
   3. (3) When. Upon request.
   4. (4) Form. CFS-243-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Facility Director or CACD-243-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Facility Director as appropriate.

6. (f) Director of the Division of Children and Family Services.

   1. (1) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department.

   2. (2) What information.

      1. (A) Name of alleged victim.
      2. (B) Name of alleged offender.
      3. (C) Type of maltreatment.
   3. (3) When. Upon request.
   4. (4) Form. CFS-250-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge or Counsel in Dependency Neglect or FINS Case for Alleged Offender.

7. (g) Alleged underaged juvenile offender (under fourteen (14) years of age).

   1. (1) Type of allegation. All maltreatment.

   2. (2) What information.

      1. (A) Name of alleged victim.
      2. (B) Name of alleged offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days of determination.
   4. (4) Form. CFS-240-U1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (under 14 Years Old) or CACD-240-U1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (under 14 Years Old) as appropriate.

8. (h) Alleged juvenile offender (fourteen to seventeen (14 – 17) years of age).

   1. (1) Type of allegation. All maltreatment.

   2. (2) What information.

      1. (A) Name of alleged victim.
      2. (B) Name of alleged offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days of determination.
   4. (4) Form. CFS-240-U2: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (14-17 Years of age) or CACD-240-U2: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (14-17 Years of age) as appropriate.

9. (i) Legal parent or legal guardian of alleged offender.

   1. (1) Type of allegation. All maltreatment.

   2. (2) What information.

      1. (A) Name of alleged victim.
      2. (B) Name of alleged offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days of determination.
   4. (4) Form. CFS-244-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parents and Legal Guardians of Alleged Offender or CACD-244-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parents and Legal Guardians of Alleged Offender as appropriate.

10. (j) Legal parent or legal guardian of alleged victim in foster care.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim or CACD-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim as appropriate.

11. (k) Current foster parent of alleged victim.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim or CACD-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim as appropriate.

12. (l) Custodial, noncustodial parent, guardians, legal custodians of victim, regardless of the age of the child.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim or CACD-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim as appropriate.

13. (m) Alleged victim.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-245-U-1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Victim or CACD-245-U-1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Victim as appropriate.

14. (n) Attorney ad litem of alleged victim.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Name of alleged offender.
       3. (C) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-246-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

15. (o) Court appointed special advocate of alleged victim.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Name of alleged offender.
       3. (C) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-246-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

16. (p) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case for alleged victim.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Name of alleged offender.
       3. (C) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-246-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

17. (q) Counsel in dependency neglect or FINS case if alleged victim has an open court case.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Name of alleged offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-246-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim

18. (r) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case for alleged offender.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Name of alleged offender.
       3. (C) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-250-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge or Counsel in Dependency Neglect or FINS Case for Alleged Offender.

19. (s) Counsel in dependency neglect or FINS case if alleged offender has an open court case.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged victim.
       2. (B) Name of alleged offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-250-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge or Counsel in Dependency Neglect or FINS Case for Alleged Offender.

20. (t) Attorney ad litem of alleged offender.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-248-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA for Alleged Offender.

21. (u) Court appointed special advocate of alleged offender.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-248-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA for Alleged Offender.

22. (v) Attorney ad litem of other children in foster home where maltreatment is reported.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of child represented by the AAL only.
       2. (B) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-249-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Foster Home Where Maltreatment Is Reported.

23. (w) Court appointed special advocate of other children in foster home.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of child represented by the CASA only.
       2. (B) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-249-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Foster Home Where Maltreatment Is Reported.

24. (x) Multidisciplinary team of alleged victim and alleged offender.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Name of alleged victim.
       3. (C) Type of maltreatment.
    3. (3) When. Upon request.
    4. (4) Form. CFS-250-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge or Counsel in Dependency Neglect or FINS Case for Alleged Offender.

25. (y) Alleged offender.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Name of alleged victim.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-252-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender or CACD-252-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender as appropriate.

26. (z) Alleged offender’s employer when other children under the care of the alleged offender appeared to have been at risk, only if notified initially.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority or CACD-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority as appropriate.

27. (aa) Person in charge of alleged offender’s paid or volunteer activity when other children under the care of the alleged offender appeared to have been at risk, only if notified initially.

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority or CACD-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority as appropriate.

28. (bb) Licensing or registering authority when children under care of the alleged offender appeared to have been at risk, only if notified initially:

    1. (1) Type of allegation. All maltreatment.

    2. (2) What information.

       1. (A) Name of alleged offender.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days of determination.
    4. (4) Form. CFS-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority or CACD-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority as appropriate.

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