12-18-402. Mandated reporters.
(a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline (1-800-482-5964) if he or she:
(1) Has reasonable cause to suspect that a child has:
(A) Been subjected to child maltreatment;
(B) Died as a result of child maltreatment; or
(C) (i) Died suddenly and unexpectedly.
(ii) As used in subdivision (a)(1)(C)(i) of this section, "died suddenly and unexpectedly" means a child death that was not caused by a known disease or illness for which the child was under a physician's care at the time of death, including without limitation child deaths as a result of the following:
(a) Sudden infant death syndrome;
(b) Sudden unexplained infant death;
(c) An accident;
(d) A suicide;
(e) A homicide; or
(f) Other undetermined circumstance; or
(2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
(b) The following individuals are mandated reporters under this chapter:
(1) A child care worker or foster care worker;
(2) A coroner;
(3) A day care center worker;
(4) A dentist;
(5) A dental hygienist;
(6) A domestic abuse advocate;
(7) A domestic violence shelter employee;
(8) A domestic violence shelter volunteer;
(9) An employee of the Department of Human Services;
(10) An employee working under contract for the Division of Youth Services of the Department of Human Services;
(11) A foster parent;
(12) A judge;
(13) A law enforcement official;
(14) A licensed nurse;
(15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;
(16) A mental health professional or paraprofessional;
(17) An osteopath;
(18) A peace officer;
(19) A physician;
(20) A prosecuting attorney;
(21) A resident intern;
(22) A public or private school counselor;
(23) A school official, including without limitation institutions of higher education;
(24) A social worker;
(25) A surgeon;
(26) A teacher;
(27) A court-appointed special advocate program staff member or volunteer;
(28) A juvenile intake or probation officer;
(29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member:
(A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or
(B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;
(30) An employee of a child advocacy center or a child safety center;
(31) An attorney ad litem in the course of his or her duties as an attorney ad litem;
(32) (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families.
(B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
(33) A rape crisis advocate or rape crisis volunteer;
(34) (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families.
(B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
(35) A victim/witness coordinator;
(36) A victim assistance professional or victim assistance volunteer;
(37) An employee of the Crimes Against Children Division of the Department of Arkansas State Police;
(38) An employee of a reproductive healthcare facility;
(39) A volunteer at a reproductive healthcare facility; and
(40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital.
(c) (1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section.
(2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline.
(3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.