Johnny Key

Commissioner of Education

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Mandated Reporters

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.
 
 
 

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