1. (a) Overview.

   1. (1)

      1. (A) All reports of known or suspected child maltreatment are promptly investigated.
      2. (B) The safety of the child is always the first priority during the course of a child maltreatment investigation.
      3. (C) If a safety threat is identified, immediate steps will be taken to protect a maltreated child and any other child who may also be in danger under the care of the same alleged offender.

   2. (2)

      1. (A) While the Department of Human Services Division of Children and Family Services is responsible for ensuring the safety of children in Arkansas, the Crimes Against Children Division collaborates with the Division of Children and Family Services to conduct investigations of child maltreatment allegations.
      2. (B) The Division of Children and Family Services and Crimes Against Children Division will assess Priority I and Priority II referrals as outlined in the “Agreement Between the Department of Human Services and the Arkansas State Police” and is subject to renewal annually.
      3. (C) To determine the individual responsibilities and operational protocol of the two (2) agencies, see the specifics of the agreement.
      4. (D) The agreement is written in accordance with Acts 2007, No. 586, the Governor’s Executive Order, and all applicable federal and state laws.

   3. (3)

      1. (A) The Division of Children and Family Services and the Crimes Against Children Division, as appropriate, will issue notices regarding child maltreatment allegations to all persons pursuant to Arkansas Code § 12-18-501 et seq.
      2. (B) The Division of Children and Family Services will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender.

2. (b) Investigation initiation timeframes.

   1. (1)

      1. (A) All investigations will begin within seventy-two (72) hours with the exception of investigations of the following allegations.
      2. (B) These allegations will begin within twenty-four (24) hours:
3. (i) Allegations of severe maltreatment, excluding an allegation:
4. (a) (a) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or if the alleged victim does not currently have contact with the alleged offender;
5. (b) (b) Of abandonment and the child is in a facility;
6. (c) (c) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the department; or

7. (d) (d) In which the alleged victim is in a facility and does not currently have contact with the alleged offender;

   1. (ii) The allegation is that a child has been subjected to neglect as defined in Arkansas Code § 12-18-103(14)(B) (in other words, Garrett’s Law referral); or

      1. (iii) A child has died suddenly and unexpectedly.

   2. (2)

      1. (A) Investigations are considered to be initiated when, as age appropriate, the investigator conducts a face-to-face interview with the alleged victim outside the presence of the alleged offender or observes the alleged victim outside the presence of the alleged offender, or the investigator has otherwise met due diligence.

      2. (B) Once the investigation has begun, the primary focus will be to determine whether or not the alleged offender has access to the child and whether the child or any other children as well as any elderly persons or individuals with a disability or mental illness with whom the alleged offender works are at risk such that they need to be protected.

         1. (c) Notice of allegation. The investigative agency at the local level is responsible for providing the notice of allegation to all applicable parties as outlined in 9 CAR § 40-1402, notices of allegations of child maltreatment.
         2. (d) At-risk determinations upon initiation.

   3. (1)

      1. (A) The investigative agency must gather necessary information to determine if children, the elderly, or individuals with disabilities or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender.

      2. (B) Such information includes but is not limited to:

         1. (i) Alleged offender’s employer, including the physical address; or
         2. (ii) Alleged offender’s job duties at his or her employment and whether those duties result in the alleged offender:
8. (a) (a) Working with children or otherwise engaging in paid or volunteer child-related activities;

9. (b) (b) Working or volunteering with the elderly;

   1. (c) (c) Working or volunteering with an individual with a disability or mental illness; or

      1. (d) (d) Is a juvenile (and therefore has access to other juveniles in a school or similar setting).
   2. (2) If so, the investigative agency must immediately ascertain the name and address of the person in charge of those activities.

   3. (3)

      1. (A) The investigative agency supervisor and Area Director (as applicable) may consult with the Office of Chief Counsel, as necessary, prior to deciding whether children, the elderly, or individuals with disabilities or mental illness appear to be at risk.

      2. (B) If the investigative agency determines children, the elderly, individuals with disabilities or mental illness under the care of the alleged offender, or other juveniles are at risk of maltreatment by the alleged offender, then the investigative agency may notify the people and entities listed below of the hotline report if the Director of the Division of Children and Family Services or designee approves the at-risk determination and gives written approval to the investigative agency to provide notifications of the at-risk determination to:

         1. (i) The alleged offender’s employer;
         2. (ii) The school superintendent, principal, or a person in an equivalent position where the alleged offender is employed;
         3. (iii) The person in charge of a paid or volunteer activity; and
         4. (iv) The appropriate licensing or registering authority to the extent necessary to carry out its official responsibilities.
   4. (4) The at-risk determination will be changed immediately if, upon further investigation, it is determined that the children under the care of the alleged offender are not at risk.

10. (e) Overall investigation goals.

    1. (1) During the investigation of an allegation of child maltreatment, and if the alleged offender is a household member or lives in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:

       1. (A)

          1. (i) The existence, cause, nature, and extent of child maltreatment with particular attention to any of the Arkansas safety threats that may be present.
          2. (ii) The Arkansas safety threats are:

11. (a) (a) Caregiver caused serious physical harm to the child or made a plausible threat to cause serious physical harm in the current investigation or differential response (DR), as indicated by:

    1. (1) (1) Serious injury or abuse to the child other than accidental;
    2. (2) (2) Caregiver fears harming the child;
    3. (3) (3) Caregiver has threatened to cause harm or retaliate against the child;
    4. (4) (4) Caregiver has made substantial or unreasonable use of physical force; and
    5. (5) (5) Substance-exposed infant is in danger;

12. (b) (b) Child sexual abuse is suspected, and circumstances suggest that the child’s safety may be of immediate concern;

    1. (c)
    2. (1) (c)(1) Caregiver is aware of the potential harm and is unwilling or unable to protect the child from actual or threatened serious harm by others.

    3. (2) (2) This may include physical abuse, emotional abuse, sexual abuse, sexual exploitation, trafficking, or neglect;

       1. (d) (d) Caregiver’s explanation or lack of explanation for the injury to the child is questionable or inconsistent with the type of injury, and the nature of the injury suggests that the child’s safety may be of immediate concern;
13. (e) (e) Caregiver does not meet the child’s immediate needs for supervision, food, and/or clothing;
14. (f) (f) Caregiver does not meet the child’s immediate needs for medical or critical mental health care (e.g., the child is suicidal or homicidal);
15. (g) (g) Physical living conditions are hazardous and immediately threatening to the child’s health or safety;

16. (h) (h) Caregiver’s substance abuse seriously impairs their ability to supervise, protect, or care for the child;

    1. (i) (i) Domestic violence exists, and offender behavior poses an imminent danger of serious physical or emotional harm to the child;
17. (j) (j) Caregiver frequently describes the child in predominantly negative terms or acts toward the child in negative ways, and these actions make the child a danger to self or others, suicidal, act out aggressively, or severely withdrawn or anxious;

18. (k) (k) Caregiver’s mental instability, developmental status, or cognitive deficiency seriously impairs their current ability to supervise, protect, or care for the child;

    1. (l) (l) Family currently refuses access to or hides the child and/or seeks to hinder an investigation/DR;

       1. (m) (m) The child may be in immediate danger because of current circumstances and because the caregiver severely maltreated a child in their care in the past (where the incident was resolved or unresolved) or because the caregiver has been unable to resolve a prior pattern of severe maltreatment; and

19. (n) (n) Other act or omission by the caregiver that presents an immediate safety threat to the child (which requires specification if selected);

    1. (B) The existence and extent of previous injuries; and

       1. (C) The names and conditions of other children in the home.

    2. (2) If the alleged offender is not a household member or does not live in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:

       1. (A) The existence, cause, nature, and extent of child maltreatment with particular attention to any of the Arkansas safety threats that may be present;
       2. (B) The identity of the person responsible for the maltreatment;
       3. (C) The existence and extent of previous maltreatment perpetrated by the alleged offender; and
       4. (D) Factors influencing child vulnerability.

    3. (3) In addition to the other information described in this section (more specifically the overall investigation goals in this subsection), the assigned investigative agency will also attempt to determine:

       1. (A) The identity of the person responsible for the maltreatment;
       2. (B) The relationship of the children with the parents or caretakers and their circumstances;
       3. (C) The child’s environment in terms of risk and protective factors; and
       4. (D) All other pertinent information.

    4. (4) Ultimately, the information described above that is collected during the fact-finding phase of the child maltreatment investigation allows the Division of Children and Family Services to determine:

       1. (A) If services are necessary to assist the household and allow the child to remain safely at home (per Arkansas Code § 12-18-604, the department has the authority to make referrals or provide services during the child maltreatment investigation);
       2. (B) If separation of the child from the family is necessary to protect the health and safety of the child; and
       3. (C) Whether there is a preponderance of the evidence (see definitions, 9 CAR § 40-102) to support the report.
    5. (5) If at any time before or during an investigation it is determined that the alleged offender is not a caretaker of a child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation.

20. (f) Reasonable efforts to prevent removal.

    1. (1) Throughout the investigation, the Division of Children and Family Services will ensure reasonable efforts are made to preserve the family and to prevent the need to remove the child from the household unless the immediate safety of the child warrants removal for the protection of the child.
    2. (2) When the investigative agency’s first contact with the family has occurred during an emergency in which the child could not safely remain in the household, even with reasonable services being provided, the Division of Children and Family Services will be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

21. (g) Investigation components.

    1. (1) The child maltreatment investigation will consist of, but is not limited to, completion of the Division of Children and Family Services’ approved safety assessment and interviews with:

       1. (A) Alleged victim;
       2. (B) Parents, both custodial and noncustodial;
       3. (C) If neither parent is the alleged offender, the alleged offender;
       4. (D) Any siblings of the victim or other children under the care of the alleged offender;
       5. (E) Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider;
       6. (F) Any other household members; and
       7. (G) Any other relevant collaterals.

    2. (2)

       1. (A) Division of Children and Family Services staff are encouraged to bring child victims of Priority I reports involving sexual abuse, physical abuse, neglect, and witness to violence to the nearest Child Safety Center for the interview whenever available and appropriate.
       2. (B) In some cases, it may also be appropriate to bring child victims of certain Priority II maltreatment reports to the nearest Child Safety Center for the interview.

    3. (3)

       1. (A) The Division of Children and Family Services’ approved safety assessment allows for a systematic review of potential safety threats and creates consistent thresholds for the presence of imminent danger of serious harm.

       2. (B) Further, this safety assessment is designed to:

          1. (i) Identify Arkansas safety threats in the household that affect the child’s immediate safety at a point in time;
          2. (ii) Guide the Family Service Worker (FSW) in determining whether the child can remain safely in the home with or without safety interventions; and
          3. (iii) Determine what interventions will be initiated or maintained to provide appropriate protection.

    4. (4)

       1. (A) The Division of Children and Family Services’ approved safety assessment will be completed upon initial contact with the child and any household members present.
       2. (B) The safety assessment will be entered into the applicable information management system within two (2) business days of contact with the household and updated as needed throughout the family’s involvement with the Division of Children and Family Services.

    5. (5)

       1. (A) Every subsequent contact with the family will include an assessment of any safety threats present as well as any acts of protection by the caregivers.
       2. (B) The Division of Children and Family Services’ approved safety assessment may be updated as needed in the Division of Children and Family Services’ information system as the investigative agency gathers information through any additional child maltreatment interviews or review of applicable records and other sources of information pertinent to the investigation.
       3. (C) All interviews must be completed by the investigator within thirty (30) calendar days of the receipt of the child maltreatment report.
       4. (D) The interviews must be approved by the FSW Supervisor within forty-five (45) calendar days of the receipt of the child maltreatment report.

    6. (6)

       1. (A) If the Crimes Against Children Division is assigned primary on an investigation and, after interviewing the alleged victim and completing Sections 1 and 2 of the Division of Children and Family Services’ approved safety assessment tool, identifies a safety threat and the need for the Division of Children and Family Services to further assess the child’s safety, the Crimes Against Children Division will immediately contact the Division of Children and Family Services for further assessment and completion of Sections 3 and 4, as applicable, of the safety assessment tool.
       2. (B) The Division of Children and Family Services will then be assigned as the secondary investigator on that investigation.

    7. (7)

       1. (A) Each investigative agency will enter its applicable safety assessment sections into the appropriate information management system within two (2) business days of the investigation initiation or identification of new safety threats, as applicable.
       2. (B) The primary investigative agency is responsible for completing the Division of Children and Family Services’ approved risk assessment tool for the household in the Division of Children and Family Services’ information management system prior to investigation closure and prior to any decision regarding case opening.

22. (h) Safety planning.

    1. (1)

       1. (A) If a safety threat is identified, safety planning is then required to implement specific actions to ensure a child’s safety.

       2. (B) If a safety threat is identified, there are only two (2) options to implement during the safety planning process:

          1. (i) Develop an immediate safety plan to mitigate the identified safety threats to allow the child to remain safely in the home; or
          2. (ii) Take protective custody and remove the child from the home.

    2. (2)

       1. (A) If there are risk factors or evidence that maltreatment has occurred, but no safety threats are present, then neither an immediate safety plan nor removal of the child is necessary at that point in time.
       2. (B) When no safety threats are present, per Arkansas Code § 12-18-1009, the parents retain the right to keep the child at home or to place the child outside the home.
       3. (C) However, as appropriate, the FSW may make referrals or provide services during the child maltreatment investigation to address any risk factors.
       4. (D) All referrals made or services provided during the child maltreatment investigation will be documented in the Division of Children and Family Services’ information management system.

    3. (3) Additional information regarding immediate safety plans and taking protective custody are as follows:

       1. (A) Immediate safety plans.

          1. (i)
23. (a) (a) When any safety threats are present, an immediate safety plan must be developed to address each identified safety threat if the child will remain in the home.

24. (b) (b) An immediate safety plan is a written plan developed by Division of Children and Family Services staff in conjunction with the family and their network to address identified safety threats.

    1. (c) (c) The actions and any services needed to address safety threats contained in an immediate safety plan will depend on the dynamics of a particular household and their network.

       1. (d) (d) This documentation describing the actual use or consideration of using protecting interventions establishes reasonable efforts to prevent removal of the child from the home.

          1. (ii)
25. (a) (a) An immediate safety plan must be developed and receive Division of Children and Family Services supervisory approval prior to Division of Children and Family Services staff leaving the home.

26. (b) (b) The immediate safety plan serves as a written agreement between the Division of Children and Family Services and the family.

    1. (c) (c) As such, a copy or picture of the plan will be provided to the caregiver and to other members participating in the plan prior to the Division of Children and Family Services staff person leaving the home.

       1. (d) (d) The immediate safety plan, if applicable, will also be documented in the appropriate information management system within two (2) business days of its creation.

27. (e) (e) If any other actions were taken or services put in place to ensure the safety of the child victim or other children in the home, then these activities must also be documented in an applicable information management system within two (2) business days.

    1. (iii)
28. (a) (a) Regardless of the actions included in an immediate safety plan, immediate safety planning and oversight on the part of the Division of Children and Family Services continues throughout involvement with the household as long as safety threats are present.

29. (b) (b) The plan must be sufficient to manage and control safety threats based on a high degree of confidence that it can be implemented, sustained, and closely monitored by the Division of Children and Family Services in partnership with the household’s identified network.

    1. (c) (c) The Division of Children and Family Services will ensure that the roles and responsibilities of the immediate safety plan are clearly described to and discussed with the people involved.

       1. (iv) However, immediate safety plans may not:
30. (a) (a) Make a change to the current physical or legal custody arrangement of the child; or

31. (b)

    1. (1) (b)(1) Otherwise limit the right of a parent or legal custodian to visit or have access to his or her child, including supervised visits, unless a dependency-neglect petition is first filed with the court to address identified safety threats and a corresponding court order is obtained to make a change to the current custody arrangements or otherwise limit the right of a parent or legal custodian to have access to his or her child.

    2. (2) An alternate method of ensuring child safety must be implemented until the required court order is issued to alter custody or visitation arrangements.

       1. (v)
32. (a) (a) To file a dependency-neglect petition to ensure a child’s safety in the home, the Family Service Worker (FSW) will contact his or her Office of Chief Counsel attorney immediately (or at the start of the next business day if the safety assessment occurred after-hours or on the weekend) to request the Office of Chief Counsel to file the appropriate petition.

33. (b) (b) It is crucial that the FSW, with support from his or her supervisor, determines exactly what the Division of Children and Family Services is requesting the court to order, if applicable, to address the identified dependency-neglect issues.

    1. (vi)
34. (a) (a) If the requested court order is issued, the FSW will update the immediate safety plan, as applicable, that reflects the orders of the court as well as any other actions or information that need to be included in the immediate safety plan to ensure child safety.

35. (b) (b) The FSW will thoroughly explain any of the changes to the caregivers, household members, and other individuals in the family’s network who may be a part of the immediate safety plan.

    1. (vii) Order of less than custody.
36. (a) (a) An order of less than custody is one action that could potentially be included in an immediate safety plan (once the order is issued by a court), if appropriate.

37. (b) (b) An order of less than custody legally restricts the alleged offender from contact with the child while allowing the child to remain in the home with the nonoffending custodian (if the nonoffending custodian is already a legal custodian of the child) as part of the immediate safety plan.

    1. (c) (c) In addition to the situation above in which the nonoffending custodian is the legal custodian of the child and wants to restrict the alleged offender’s access to the child, orders of less than custody may also be applicable to situations in which:
    2. (1) (1) The legal custodian placed or otherwise allowed the child to reside with another person for more than six (6) months;
    3. (2) (2) The legal custodian is named as an alleged offender in the investigation;
    4. (3) (3) The child’s current caretaker and the Division of Children and Family Services assess that the legal custodian’s (who is also the alleged offender) access to the child poses an immediate danger to the child’s health or physical well-being;
    5. (4) (4) The Division of Children and Family Services has no immediate health or physical well-being concerns with the current placement; and

    6. (5) (5) The Division of Children and Family Services has determined that specific safeguards in the court order will ensure the child’s immediate health and physical well-being while remaining in the current home.

       1. (d) (d) The Division of Children and Family Services will thoroughly assess for safety threats to ensure that an immediate safety plan is in place for a child before leaving that child in a home where the Division of Children and Family Services has petitioned the court for an order of less than custody.

38. (e) (e) To file a dependency-neglect petition to obtain an order of less than custody, the FSW will contact the Office of Chief Counsel immediately to request the Office of Chief Counsel to file the appropriate petition.

    1. (viii) Immediate safety plan monitoring and assessment.
39. (a) (a) All immediate safety plans will be monitored via a face-to-face contact with the household (to include alleged victim or victims, alleged offender or offenders, and any other children in the home) within at least seventy-two (72) hours and then via a minimum of weekly face-to-face contact for the remaining life of the immediate safety plan.

40. (b) (b) In addition, the immediate safety plan will be formally reviewed within fourteen (14) days of its implementation.

    1. (c) (c) While the health and safety of the child is always assessed each time the Division of Children and Family Services comes into contact with the child, per Arkansas Code § 12-18-1001(d)(2)(A) – (B), the health and safety of the child and any corresponding immediate safety plan will be formally reassessed within thirty (30) days of the date on which the immediate safety plan was implemented.

       1. (d) (d) If after this formal reassessment is performed the Division of Children and Family Services determines that a substantial risk of harm to the health and safety of the child remains and that the immediate safety plan must stay in place to ensure the health and safety of the child, then the Division of Children and Family Services will file a petition for dependency-neglect (however, note that the Division of Children and Family Services may file a petition for dependency-neglect at any point, if needed, to ensure the health and safety of the child) unless the parent, guardian, or custodian is not:
    2. (1) (1) The alleged offender; or
    3. (2) (2) Alleged to have failed to protect the juvenile.
41. (e) (e) If a case connect has already occurred, then the assigned FSW Caseworker and FSW Investigator who implemented the immediate safety plan will collaborate to reassess the immediate safety plan and provide the affidavit and a copy of the CFS-200: Immediate Safety Plan to the Office of Chief Counsel to file any necessary petitions for dependency-neglect at thirty (30) days.
42. (f) (f) If a dependency-neglect petition is filed, a corresponding family case plan, informed by the Division of Children and Family Services’ approved family assessment tool, will be filed with the court within thirty (30) days per Arkansas Code § 9-27-402.
43. (g) (g) The assigned FSW will continue to monitor the immediate safety plan until it is no longer needed.

44. (h) (h) The assigned FSW will complete the Division of Children and Family Services’ approved family needs and strengths assessment in collaboration with the family, FSW Investigator, and other appropriate stakeholders (see 9 CAR § 40-501, family assessments, for more information).

    1. (i) (i) The FSW Caseworker will also have the primary responsibility of developing the family case plan with the family and ensuring the implementation of the family case plan (see 9 CAR § 40-503, services case plans, for more information);

       1. (B) Protective custody.

          1. (i) If a safety threat is identified in the home and it cannot be mitigated with the implementation of an immediate safety plan, the Division of Children and Family Services must remove the child from the home and take protective custody.
          2. (ii) This requirement applies to any point during a child maltreatment investigation or open case when the health and physical well-being of a child are in immediate danger.
          3. (iii) When a child is taken into protective custody, the child will be placed in an appropriate licensed or approved placement.
          4. (iv) This may include an identified relative’s or fictive kin’s (“fictive kin” means a person selected by the Division of Children and Family Services who is not related to the child by blood or marriage, and has a strong, positive, and emotional tie or role in the child’s life or the child’s parent’s life if the child is an infant) home if it is in the best interest of the child and all criteria for opening a provisional resource home and placing the specific child for whom the provisional resource home was opened have been met (see 9 CAR § 40-708, consideration of relatives and fictive kin for children in foster care, and 9 CAR § 40-801 et seq., Development of Resource Homes and Support to Resource Parents, for more information).
          5. (v) The Division of Children and Family Services may file a motion to transfer any other prior or subsequent legal proceeding concerning the juvenile (for example, if a relative of the child taken into custody attempts to obtain guardianship or custody of the juvenile) to the court that is hearing the dependency-neglect petition if the Division of Children and Family Services:
45. (a) (a) Takes a seventy-two-hour hold;

46. (b) (b) Files a petition for ex parte emergency order; or

    1. (c) (c) Files a petition for dependency-neglect.

       1. (vi) If a child is taken into protective custody by a non-Division of Children and Family Services stakeholder, see 9 CAR § 40-321, protective custody of a child in immediate danger, for more information; and

       2. (C) Risk assessment.

          1. (i) The Division of Children and Family Services’ approved risk assessment is designed to assess the family’s likelihood of future maltreatment and indicate the necessary level of the Division of Children and Family Services’ ongoing involvement to ensure the child’s continued well-being.
          2. (ii) The Division of Children and Family Services’ approved risk assessment tool will be completed in the applicable information management system as soon as there is enough information to do so, but prior to the conclusion of the investigation and prior to any decision about case opening.
          3. (i) Legal representation for child in foster care named as an alleged offender.

    2. (1)

       1. (A) If the Division of Children and Family Services or the Crimes Against Children Division is investigating an allegation of child maltreatment in which a child in foster care is named as the alleged offender and the acts or omissions that gave rise to the child maltreatment report may lead to a criminal or delinquency investigation or charge, the assigned Division of Children and Family Services caseworker (or designee) for the child in foster care will contact the public defender.
       2. (B) The assigned Division of Children and Family Services caseworker or designee will request that the public defender represent the child in foster care who is named as the alleged offender.

    3. (2)

       1. (A) If the public defender accepts representation, the Division of Children and Family Services caseworker or designee will inform the investigator, so that the assigned investigator can request an interview.
       2. (B) The public defender will provide or withhold consent for any investigative interview of the juvenile offender in foster care.

    4. (3)

       1. (A) If the public defender refuses to represent the child in foster care who is named as the alleged offender in a child maltreatment report because there is no risk of criminal or delinquency charges being filed, the investigator will contact the assigned Division of Children and Family Services caseworker for the child to request an interview.
       2. (B) The Division of Children and Family Services caseworker, in collaboration with his or her supervisor and Area Director, will determine whether it may be appropriate for a child in foster care named as the alleged offender in a child maltreatment report to be interviewed.
       3. (C) If deemed appropriate, the local team will make the recommendation to the Director of the Division of Children and Family Services or designee.
       4. (D) Only the Director of the Division of Children and Family Services or designee, based on the recommendation by the local team, may give consent for the child in foster care named as an alleged offender to be interviewed as part of a child maltreatment investigation.
       5. (E) The Office of Chief Counsel may be consulted as needed regarding legal advice but cannot give consent to an interview with a child in foster care named as an alleged offender.

47. (j) Rights of the investigator.

    1. (1)

       1. (A) The investigator has the right to obtain a criminal background check, including a fingerprint-based check in any national crime database, on any subject of the report.
       2. (B) The results of the criminal background check will not be disclosed outside of the department except as permitted under Arkansas Code § 12-18-612.

    2. (2)

       1. (A) In accordance with Arkansas Code § 12-18-613, on request by the investigating agency, any school, childcare center, childcare facility, residential facility, residential treatment facility, or similar institution shall provide the investigator with the name, date of birth, Social Security number, and last known address and phone number of any alleged offender if the alleged maltreatment occurred at that school, center, or facility.
       2. (B) Any school, childcare facility, residential facility, or similar institution shall also provide the person conducting the investigation with the name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility.

    3. (3)

       1. (A) The FSW or Crimes Against Children Division Investigator conducting the child maltreatment investigation also has the right to enter into the home, school, or other place for the purpose of conducting an interview or completing the investigation.
       2. (B) The investigator also has the right to request accompaniment by a law enforcement agent while conducting the investigation.
       3. (C) If the investigator is denied access into the home, school, or other place for investigative purposes, then the investigator must prepare an affidavit to submit to the Office of Chief Counsel in order to request an order of investigation.
       4. (D) If the investigator is denied access into the home, school, or other place and has reason to believe a child’s health or safety are in immediate danger, the investigator will call local law enforcement immediately (if not already accompanied by LLE) in order to help gain access into the home.

    4. (4)

       1. (A) No publicly supported school, facility, or institution may deny access to any person conducting a child maltreatment investigation.
       2. (B) The Division of Children and Family Services, the Crimes Against Children Division, and law enforcement shall be allowed access to the child’s public and private school records during the course of the child maltreatment investigation.
       3. (C) School district staff shall not provide notification if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in place of a child’s parent is named as an alleged offender and the interviewer requests that the school personnel does not make said notification.

    5. (5) Per Arkansas Code § 12-18-604, the department may petition a circuit court to allow an investigator to access the controlled substance database if:

       1. (A) The investigator demonstrates probable cause that the alleged offender has one (1) or more prescription drugs; and
       2. (B) The baby or the alleged offender tested positive for prescription drugs at the time of the birth of the baby.

    6. (6)

       1. (A) The investigator will have the discretion, in the child’s best interest, to limit the persons allowed to be present when a child is being interviewed concerning an allegation of child maltreatment.
       2. (B) The investigator will determine when a child or any other children residing in the home should be referred to a physician, psychologist, or psychiatrist for a medical or psychological examination.
       3. (C) While the Division of Children and Family Services staff may conduct drug screens on teenagers when necessary, all children younger than thirteen (13) should be referred to a physician or medical facility for drug screening if needed.
       4. (D) Please see 9 CAR § 40-413, client drug and alcohol screening, for more information.
    7. (7) The Division of Children and Family Services will fully cooperate and participate in multidisciplinary child maltreatment response teams.
    8. (8) All information except the name of the reporter may be disclosed to the teams.

48. (k) Interpreter services.

    1. (1)

       1. (A) At any point during the course of a child maltreatment investigation, when the person being interviewed cannot clearly communicate in English, the investigator shall arrange for an interpreter before continuing the interview.
       2. (B) The interpreter must be trained and appropriately certified to translate the specific language needed.

    2. (2)

       1. (A) If at any point during the course of a child maltreatment investigation, the investigator cannot determine whether the person being interviewed can clearly and effectively communicate in English, the interviewer shall end the interview.

       2. (B) The interview shall recommence:

          1. (i) When a determination is made that the person can or cannot clearly communicate in English; and
          2. (ii) When necessary, a translator certified to translate the specific language has been obtained to facilitate clear communication.
       3. (C) Family members should never serve as interpreters for an investigator conducting an interview.

    3. (3) If any delay in obtaining investigation or investigative information from having to make a determination about language and clear communication results in or creates a situation in which the alleged victim child’s health or physical well-being will be put in immediate danger, the child will be placed in seventy-two-hour protective custody.

       1. (l) Investigation completion timeframes and extensions.
    4. (1) Regardless of whether the child maltreatment investigation is conducted by the Division of Children and Family Services, the Crimes Against Children Division, or local law enforcement, the supervisor approved investigative determination shall be made within forty-five (45) calendar days.

    5. (2)

       1. (A) The Area Director or designee may request an extension of an additional fifteen (15) calendar days (for a total investigative timeframe of sixty (60) calendar days) to complete the investigation and make a determination if good cause for the requested extension is shown.

       2. (B) Circumstances that meet the definition of good cause, as it pertains to requesting and granting a fifteen-day extension to make an investigative determination, include but are not limited to:

          1. (i) The Prosecuting Attorney or law enforcement officials have requested that the Division of Children and Family Services postpone the determination due to a pending criminal investigation;
          2. (ii) Medical, crime lab, or autopsy reports needed to make a determination have not been received;
          3. (iii) The report involves some out-of-state subjects and interview write-ups have not been received;
          4. (iv) Conflicting medical opinions have been received, requiring further analysis; or
          5. (v) Multiple alleged offenders or victims are involved, requiring additional time to conduct interviews and gather evidence.
    6. (3) Documentation supporting the request for the extension must be submitted with the request.

    7. (4) All extension requests must be submitted to and approved by the applicable Area Director followed by the Assistant Director of the Division of Children and Family Services or designee as designated by the Director of the Division of Children and Family Services or designee via auto notification through the Division of Children and Family Services’ information management system.

       1. (m) Investigation closures and determinations and resulting referrals and case openings.

    8. (1) Within the appropriate timeframes outlined above and utilizing PUB-357: Child Maltreatment Investigation Determination Guide as a reference where applicable, the department will either:

       1. (A) Administratively close an investigation of a child maltreatment report pursuant to Arkansas Code § 12-18-601 without a determination of whether the allegation is unsubstantiated, true, true but exempted, or inactive (see 9 CAR § 40-324 for administrative closure criteria and related requirements); or

       2. (B) Close the investigation with a determination that the allegations of child maltreatment are either:

          1. (i) Unsubstantiated;
          2. (ii) True;
          3. (iii) True but exempted for:
49. (a) (a) Neglect as defined by Arkansas Code § 12-18-103(14)(B) (i.e., Garrett’s Law);

50. (b) (b) Religious beliefs; or

    1. (c) (c) Underage juvenile offenders; or

       1. (iv) Inactive.

    2. (2)

       1. (A) The Division of Children and Family Services will then make a decision regarding the need for opening a corresponding case to provide services, assist the family with expanding and strengthening their network, and monitor child safety and risk on an ongoing basis.

       2. (B)

          1. (i) The decision to open a case will be made as guided by:
51. (a) (a) The results of the Division of Children and Family Services’ approved safety assessment tool;

52. (b) (b) The results of the Division of Children and Family Services’ approved risk assessment tool;

    1. (c) (c) Investigation determination;

       1. (d) (d) Professional judgement; and

53. (e) (e) Supervisory consultation.

    1. (ii) The investigation determination will then be used to determine the type of case offered or opened, as applicable.

    2. (3) Criteria for the administratively closed investigations and child maltreatment determinations are as follows:

       1. (A)

          1. (i) Administratively closed.
          2. (ii) A child maltreatment investigation will be administratively closed without further action or determination if:

54. (a) (a) A preliminary investigation has been completed, to include:

    1. (1) (1) Interview with the alleged victim outside the presence of the alleged offender;
    2. (2) (2) Assessment of the alleged victim’s home environment, as appropriate;
    3. (3) (3) Interview of a collateral witness; and
    4. (4) (4) Review of prior history of child maltreatment related to the family of the child and to the alleged offender;

55. (b) (b) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report;

    1. (c) (c) The health and safety of the child can be ensured without further investigation by the Division of Children and Family Services based on review of prior child maltreatment history; and

       1. (d) (d) There is a determination that abuse or neglect of the child did not occur and at least one (1) of the following criteria are met:
    2. (1) (1) There are indications of malicious reporting;
    3. (2) (2) Details of the allegations are insufficient to investigate;
    4. (3) (3) Reporter was anonymous, and no evidence exists to corroborate the report; or

    5. (4) (4) There is no available evidence to support or refute the allegation or allegations due to the passage of time between the alleged occurrence of the maltreatment and the time the report was made.

       1. (iii) The director or designee approves the administrative closure of an investigation conducted by the Division of Children and Family Services;

       2. (B)

          1. (i) Unsubstantiated determination.
          2. (ii) A child maltreatment investigation will be determined unsubstantiated in the event that:
56. (a) (a) The allegation of child maltreatment is not supported by a preponderance of the evidence following an investigation by Division of Children and Family Services staff; or

57. (b) (b) The investigation concludes the injuries were the result of reasonable and moderate physical discipline inflicted by a parent or guardian for the purpose of restraining or correcting the child;

    1. (C)

       1. (i) True determination.

          1. (ii) A child maltreatment investigation will be determined true in the event of:
58. (a) (a) An admission of the fact of maltreatment by persons responsible;

59. (b) (b) An adjudication of dependency-neglect;

    1. (c) (c) A determination of the existence of maltreatment by Division of Children and Family Services staff, based on a preponderance of the evidence;

       1. (d)
    2. (1) (d)(1) A medical diagnosis of failure to thrive.
    3. (2) (2) The Family Service Worker should, however, complete the child maltreatment investigation in accordance with the procedures included to determine the identity of the caretaker and to investigate the family for the purposes of determining appropriate service delivery; or

60. (e) (e) Any other medical or legal form of confirmation deemed valid by the Division of Children and Family Services.

    1. (iii)
61. (a) (a) If a report is determined to be true, the names and conditions of any minor children of the alleged offender, and whether these children have been maltreated, or are at risk of maltreatment, will also be determined unless the investigating agency has determined that there is no indication of risk to the children.

62. (b) (b) If the report is determined to be true, and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under care of the alleged offender, to the extent practical, and whether these children have been maltreated, or are at risk of maltreatment, will be conducted unless the investigating agency has determined that there is no indication of risk to the children.

    1. (c) (c) The FSW conducting the investigation shall also seek to ascertain all other relevant data.

       1. (iv) If a report is determined to be true and involves any child under three (3) years of age, the child will be referred to the Division of Developmental Disabilities Services’ Children’s Services for an early intervention screening per the Child Abuse Prevention and Treatment Act of 1988 (CAPTA), Pub. L. No. 93-247, if the children were not already receiving early intervention services or were not already referred during the investigation (see 9 CAR § 40-343, early intervention referrals and services, and related procedures for more information).

          1. (v)
63. (a) (a) If a report of sexual abuse is determined to be true and the alleged offender is under eighteen (18) years of age at the time the act or omission occurred, the parents or legal guardians of the alleged juvenile or underage juvenile offender and victim shall be provided with a list of mental health professionals or agencies available to evaluate and treat the alleged juvenile offender or underage juvenile offender and victim, if necessary.

64. (b) (b) Providing this information does not necessarily require the Division of Children and Family Services to pay for the mental health evaluation or any subsequent mental health treatment or services.

    1. (vi)
65. (a) (a) If a child maltreatment report is determined to be true, the Division of Children and Family Services will then also determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

66. (b) (b) The following factors will be considered when determining whether an offender poses a risk of maltreatment to a vulnerable population:

    1. (1) (1) The severity of the child maltreatment;
    2. (2) (2) The nature and severity of an injury or other adverse impact caused by the child maltreatment;
    3. (3) (3) The current or future access the offender has or could have to a vulnerable population;
    4. (4) (4) Offender’s previous child maltreatment history and whether there are similar fact patterns related to current offense and past child maltreatment history;
    5. (5) (5) Subsequent reports of child maltreatment against the offender; and

    6. (6) (6) Criminal history of the offender.

       1. (vii)
67. (a) (a) If the Division of Children and Family Services determines the offender poses a risk to a vulnerable population, the investigative determination will continue to be documented as true, and the offender’s name will be placed in the Child Maltreatment Central Registry.

68. (b) (b) If the Division of Children and Family Services determines the offender does not pose a risk to a vulnerable population, the investigation determination will be documented in the Division of Children and Family Services’ information management system as exempted-no risk.

    1. (c) (c) The director or designee will approve determinations for true but exempted for no risk to vulnerable populations;

       1. (D)

          1. (i) True but exempted determination.
          2. (ii) A determination of true but exempted, which means the offender’s name will not be placed in the Child Maltreatment Central Registry, will be entered for the reasons listed below.
          3. (iii) The following circumstances do not require a consideration of the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment as these conditions warrant a determination of true but exempted pursuant to Arkansas Code § 12-18-702:

69. (a)

    1. (1) (a)(1) Garrett’s Law exemptions.
    2. (2) (2) A child maltreatment investigation that documents the presence of an illegal substance in either the bodily fluids or bodily substances in the mother or child at the time of birth resulting from the mother knowingly using any illegal substance (i.e., Garrett’s Law case) will be found true but exempted and will not be placed on the Child Maltreatment Central Registry.
    3. (3) (3) Family First Services are available for Garrett’s Law investigations and services cases with the completion of the prevention plan for the family.
    4. (4) (4) If the FSW determines the child’s health or physical well-being is in immediate danger, he or she will take the newborn into protective custody.
    5. (5) (5) The FSW must also assess any siblings of the newborn or other children under the care of the alleged offender.
    6. (6) (6) If it is determined that there is an immediate danger to the siblings’ (or any other children under the care of the alleged offender) health or physical well-being, then they must also be brought into emergency seventy-two-hour protective custody.

    7. (7) (7) Acceptable reporters include any one (1) of the following mandated reporters who have reasonable cause to suspect that a newborn has been subjected to an illegal substance before birth or the mother had an illegal substance in her bodily fluids or bodily substances at the time of the birth:

       1. (A) (A) Licensed nurse;
       2. (B) (B) Osteopath;
       3. (C) (C) Physician;
       4. (D) (D) Medical resident or intern;
       5. (E) (E) Surgeon;
       6. (F) (F) Hospital social worker; or
       7. (G) (G) Any medical personnel who may be engaged in the admission, examination, care, or treatment of persons in hospitals or similar medical settings.
    8. (8) (8) During an investigation, or when the Division of Children and Family Services has custody, if the mother or newborn has tested positive for the presence of an illegal substance in the bodily fluids or bodily substances, and the mother indicates that she wants to place the newborn for adoption through a private agency or private entity, the FSW must contact the Office of Chief Counsel immediately.
    9. (9) (9) If the infant is placed with a private adoption agency, then do not open a case;

70. (b)

    1. (1) (b)(1) Religious belief exemptions.
    2. (2) (2) A child maltreatment investigation will be determined to be true but exempted due to a religious belief exemption in the event that the Family Service Worker determines that the parent’s decision to withhold medical treatment was based solely upon a religious belief, choosing instead to furnish the child with prayer and spiritual treatment in accordance with a recognized religious method of healing by an accredited practitioner.
    3. (3) (3) An FSW will place a child whose health or physical well-being is in immediate danger in a safe environment in department custody regardless of the beliefs of the parents.

    4. (4) (4) The religious belief exemption does not preclude the FSW’s right and responsibility to take appropriate action, including petitions to the court, to obtain necessary medical services;

       1. (c)
    5. (1) (c)(1) Underage juvenile offender exemptions.

    6. (2) (2) A child maltreatment investigation will have an individual finding of true but exempted for underage juvenile offenders if there is an overall true finding of sexual abuse by a child under fourteen (14) years of age to another child; and

       1. (d)
    7. (1) (d)(1) Juvenile is less than fourteen (14) years of age exemptions.

    8. (2) (2) A child maltreatment investigation will have an individual finding of true but exempted if an offender is a juvenile less than fourteen (14) years of age; or

       1. (E)

          1. (i) Inactive determination.
          2. (ii) Per Arkansas Code § 12-18-619(c), if at any time before or during the investigation the department is unable to locate or identify the alleged offender or alleged victim, the department may consider the report unable to be completed and determine the report to be inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.
          3. (iii)
71. (a) (a) Failure to complete the investigation within the required forty-five (45) days is not a reason to place a case on inactive status.

72. (b) (b) The report must document why the investigation is determined to be inactive.

    1. (c) (c) All activities on the CFS-155: Unable to Locate Checklist must be completed by the FSW Investigator before determining an investigation to be inactive and verified by the FSW Supervisor before approving the investigation.

       1. (iv)
73. (a) (a) For investigations determined to be inactive but information obtained from a subsequent report would permit the assigned investigative agency to gather additional evidence, the assigned investigative agency will provide notice of the allegations as per Arkansas Code § 12-18-501 et seq., and conduct the investigation.

74. (b) (b) The assigned investigative agency will amend the determination of the earlier report accordingly based on evidence collected.

    1. (c) (c) The allegations contained in the most recent report will be investigated separately and an associated determination made based on the evidence collected during the investigation of the more recent report.

       1. (v) For information regarding how to proceed when the Division of Children and Family Services is assigned to a report previously found to be inactive and the Crimes Against Children Division is assigned to a new report that would permit the Division of Children and Family Services to gather additional evidence on the report previously determined to be inactive, please see the Agreement Between the Arkansas Department of Human Services (ADHS), Division of Children and Family Services (DCFS) and the Arkansas State Police (ASP), Crimes Against Children Division (CACD).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "02/2025"