1. (a)

   1. (1) Due process is accomplished by providing the alleged offender with notice and an opportunity for an administrative hearing.

   2. (2) Due process is satisfied when:

      1. (A) The administrative law judge makes a decision to either uphold or overturn the “true” investigative determination;
      2. (B) Thirty (30) days have passed and the offender did not request a hearing;
      3. (C) The alleged offender was a juvenile and he or she or his or her legal parent or guardian waived the administrative hearing or the administrative law judge issued a decision; or
      4. (D) The administrative law judge upheld the true determination because of a preliminary administrative hearing and allowed provisional placement of the offender’s name on the Child Maltreatment Central Registry.

2. (b)

   1. (1) These notices of name placement in the Child Maltreatment Central Registry must be sent only after due process is satisfied.
   2. (2) Verification must be obtained that the judicial determination of the original true finding was upheld in either the regular or preliminary administrative hearing or of the fact that no hearing was requested.
   3. (3) These notices serve to inform that the investigative determination was upheld and that the offender’s name will be placed in the Child Maltreatment Central Registry, or that a prima facie case was established, allowing provisional placement of the name.

3. (c) Law enforcement.

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

   2. (2) What information.

      1. (A) Name of each victim.
      2. (B) Name of offender.
      3. (C) Type of Maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney or CACD-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney as appropriate.

4. (d) Prosecuting attorney.

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

   2. (2) What information.

      1. (A) Name of each victim.
      2. (B) Name of offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney or CACD-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney as appropriate.

5. (e) Licensing or registering authority (to the extent necessary for the authority to carry out its official responsibilities, when the licensing or registering authority is responsible for licensing or registering the agency or business location where the alleged abuse occurred).

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

   2. (2) What information.

      1. (A) Name of offender.
      2. (B) Type of maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate.

6. (f) 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 offender.
      2. (B) Type of maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-283-N: Notice of Name Placement on Central Registry to Facility Director or CACD-283-N: Notice of Name Placement on Central Registry to Facility Director as appropriate.

7. (g) 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 victim.
      2. (B) Name of offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender.

8. (h) Legal parents and legal custodians of the juvenile offender (fourteen (14) through seventeen (17) years of age).

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

   2. (2) What information.

      1. (A) Name of victim.
      2. (B) Name of offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-284-N: Notice of Name Placement on Central Registry to Legal Parent(s) and Legal Guardian(s) of the Juvenile Offender (14 to 17 Years of Age) or CACD-284-N: Notice of Name Placement on Central Registry to Legal Parent(s) and Legal Guardian(s) of the Juvenile Offender (14 to 17 Years of Age) as appropriate.

9. (i) Legal parent or legal guardian of victim in foster care.

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

   2. (2) What information.

      1. (A) Name of victim.
      2. (B) Name of offender.
      3. (C) Type of maltreatment.
   3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
   4. (4) Form. CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate.

10. (j) Current foster parent of victim in foster care.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate.

11. (k) Victim, if fourteen (14) years of age or older.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate.

12. (l) Victim, if ten (10) years of age or older.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate.

13. (m) Attorney ad litem of victim.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

14. (n) Court-appointed special advocate of victim.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

15. (o) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of victim.

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

    2. (2) What information.

       1. (A) Name of victim over whom the court has jurisdiction.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

16. (p) Counsel in dependency neglect or FINS case of a victim in foster care.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

17. (q) Attorney ad litem of offender.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-288-N: Notice of Name Placement on Central Registry to attorney ad litem and CASA of offender.

18. (r) Court appointed special advocate of offender.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-288-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Offender.

19. (s) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of offender.

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

    2. (2) What information.

       1. (A) Name of offender over whom the court has jurisdiction.
       2. (B) Name of victim.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender.

20. (t) Counsel in dependency neglect or FINS case of an offender in foster care.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender.

21. (u) Attorney ad litem of child 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 AAL.
       2. (B) Name of victim.
       3. (C) Name of offender.
       4. (D) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-289-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Child in Foster Home Where Maltreatment Is Reported.

22. (v) Court appointed special advocate of child 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 CASA.
       2. (B) Name of victim.
       3. (C) Name of offender.
       4. (D) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-289-N: Notice of Name Placement on Central Registry to attorney ad litem and CASA of child in foster home where maltreatment is reported.

23. (w) Multidisciplinary team for victim or offender.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender.

24. (x) School where juvenile offender, fourteen (14) years of age or older is enrolled.

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

    2. (2) What information.

       1. (A) Name of offender.
       2. (B) Type of maltreatment.
       3. (C) Services offered or provided by the department.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-291-N2: or CACD-291-N2, as appropriate.

25. (y) School where juvenile offender, ten (10) years of age or older is enrolled.

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

    2. (2) What information.

       1. (A) Name of offender.
       2. (B) Type of maltreatment.
       3. (C) Services offered or provided by the department.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-291-N2 or CACD-291-N2 as appropriate.

26. (z) Offender.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-292-N1: Notice of Name Placement on Central Registry to School Where Victim Is Enrolled or CACD-292-N1: Notice of Name Placement on Central Registry to School Where Victim Is Enrolled as appropriate.

27. (aa) Child safety center, if involved in the investigation.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    4. (4) Form. CFS-295-N: Notice of Name Placement on Central Registry to Child Safety Center Involved in Investigation of Maltreatment or CACD-295-N: Notice of Name Placement on Central Registry to Child Safety Center Involved in Investigation of Maltreatment as appropriate.

28. (bb) Mandated reporter.

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

    2. (2) What information.

       1. (A) Name of victim.
       2. (B) Name of offender.
       3. (C) Type of maltreatment.
       4. (D) Services offered or provided to the victim and offender.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

    4. (4) Form. CFS-293-N: Notice of Name Placement on Central Registry to Mandated Reporter or CACD-293-N: Notice of Name Placement on Central Registry to Mandated Reporter as appropriate.

       1. (cc) Offender’s employer when other children under the care of the offender may be at risk.
    5. (1) Type of allegation. All maltreatment.

    6. (2) What information.

       1. (A) Name of offender.
       2. (B) Type of maltreatment.
    7. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender.

    8. (4) Form. CFS-294-N or CACD-294-N as appropriate.

       1. (dd) Entity in charge of offender’s volunteer activity when other children under the care of the offender may be at risk.
    9. (1) Type of allegation. All maltreatment.

    10. (2) What information.

        1. (A) Name of offender.
        2. (B) Type of maltreatment.
    11. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender.
    12. (4) Form. CFS-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate.

29. (ee) Licensing or registering authority, if children under the care of the offender may be at risk (to the extent necessary for the authority to carry out its official responsibilities, when the licensing or registering authority is responsible for licensing or registering the agency or business location where the alleged abuse occurred or when other children at the agency or business under the care of the alleged offender are at risk or when the licensing or registering authority are responsible for monitoring the professional behavior of the registered or licensed professional who is the alleged offender).

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

    2. (2) What information.

       1. (A) Name of offender.
       2. (B) Type of maltreatment.
    3. (3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender.
    4. (4) Form. CFS-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate.
30. (ff) Employer of any offender in a designated position with a state agency per Arkansas Code § 21-15-110, if a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a “designated position”, the investigating agency shall immediately notify the employer of that state employee.

31. (gg)

    1. (1) Per Arkansas Code § 21-15-101, “designated Position” means a position in which a person is employed by a state agency to provide care, supervision, treatment, or any other services to the elderly, to individuals with mental illness or illnesses, or to individuals with developmental disabilities or to children who reside in any state-operated facility or a position in which the applicant or employee will have direct contact with a child or any individual who is elderly or any individual who has mental illness or illnesses or developmental disabilities.
    2. (2) Type of allegation. All maltreatment.

    3. (3) What information.

       1. (A) Name of offender.
       2. (B) Type of maltreatment.
    4. (4) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.
    5. (5) Form. CFS-296-N: Notice of Name Placement on Central Registry to Employer of Offender in a Designated Position with an Arkansas State Agency or CACD-296-N: Notice of Name Placement on Central Registry to Employer of Offender in a Designated Position with an Arkansas State Agency as appropriate.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2020"