ARKANSAS
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Code § 12-18-402
The following individuals are mandated reporters:
- Child care, daycare, or foster care workers
- Coroners
- Dentists and dental hygienists
- Domestic abuse advocates and domestic violence shelter employees or volunteers
- Employees of the Department of Human Services
- Employees working under contract for the Division of Youth Services of the Department of Human Services
- Foster parents
- Judges, law enforcement officials, peace officers, and prosecuting attorneys
- Licensed nurses, physicians, mental health professionals or paraprofessionals, surgeons, resident interns, osteopaths, and
medical personnel who may be engaged in the admission, examination, care, or treatment of persons
- Public or private school counselors; school officials, including, without limitation, institutions of higher education; and teachers
- Social workers and juvenile intake or probation officers
- Court-appointed special advocate program staff members or volunteers
- Attorneys ad litem
- Clergy members, which includes ministers, priests, rabbis, accredited Christian Science practitioners, or other similar
functionaries of a religious organization
- Employees of a child advocacy center or a child safety center
- Sexual abuse advocates or volunteers who work with victims of sexual abuse
- Child abuse advocates or volunteers who work with child victims of abuse or maltreatment as employees of a community based
victim service or a mental health agency
- Victim/witness coordinators
- Victim assistance professionals or volunteers
- Employees of the Crimes Against Children Division of the Department of Arkansas State Police
- Employees or volunteers at reproductive health-care facilities
- 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.
Other persons required to report
“Reporting by Other Persons
Citation: Ann. Code § 12-18-401
Any person who has reasonable cause to suspect child maltreatment may report.”
Institutional responsibility to report
“Institutional Responsibility to Report
Citation: Ann. Code §§ 12-18-402(c); 12-18-204
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. 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.
Nothing in the reporting laws shall prohibit any person or institution from requiring an employee or volunteer who is a mandatory reporter to inform a representative of that person or institution that the reporter has made a report to the child abuse hotline.”
WHAT ARE THEY REQUIRED TO REPORT
“Standards for Making a Report
Citation: Ann. Code § 12-18-402
An individual listed as a mandatory reporter shall immediately notify the child abuse hotline in the following circumstances:
• He or she has reasonable cause to suspect that a child has been subjected to maltreatment, has died as a result of
maltreatment, or died suddenly and unexpectedly.
• He or she observes a child being subjected to conditions or circumstances that would reasonably result in maltreatment.”
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Ann. Code §§ 12-18-201; 12-18-202; 12-18-206; 12-18-204
A mandated reporter commits the offense of failure to notify by a mandated reporter in the first degree if he or she has reasonable cause to suspect that a child has been subjected to or has died as a result of child maltreatment or observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment, and he or she knowingly fails to notify the child abuse hotline of the child maltreatment or suspected child maltreatment.
Failure to notify by a mandated reporter in the first degree is a class A misdemeanor.
A mandated reporter commits the offense of failure to notify by a mandated reporter in the second degree if he or she has reasonable cause to suspect that a child has been subjected to or has died as a result of child maltreatment or observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment, and he or she recklessly fails to notify the child abuse hotline of the child maltreatment or suspected child maltreatment.
Failure to notify by a mandated reporter in the second degree is a class C misdemeanor.
A mandated reporter who purposely fails to report as required is civilly liable for damages proximately caused by that failure.
An employer or supervisor of an employee who is a mandated reporter commits the offense of unlawful restriction of child abuse reporting if he or she does the following:
• Prohibits a mandated reporter from making a report of child maltreatment or suspected child maltreatment
• Requires that a mandated reporter receive permission or notify a person before the mandated reporter makes a report
• Knowingly retaliates against a mandated reporter for reporting child maltreatment or suspected child maltreatment
Unlawful restriction of child abuse reporting is a class A misdemeanor.”
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Ann. Code § 12-18-203
A person commits the offense of making a false report under this chapter if he or she purposely and knowingly makes a report
containing a false allegation to the child abuse hotline.
A first offense of making a false report under this chapter is a class A misdemeanor. A subsequent offense of making a false report under this chapter is a class D felony.”
PRIVILEGED COMMUNICATIONS
“Privileged Communications
Citation: Ann. Code §§ 12-18-402(c); 12-18-803
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.
No privilege, except that between a lawyer and a client and between a minister, including a Christian Science practitioner, and a
person confessing to or being counseled by a minister, shall prevent anyone from testifying concerning child maltreatment.
When a physician, psychologist, psychiatrist, counselor, or therapist conducts interviews with or provides therapy to a subject of a report of suspected child maltreatment for purposes related to child maltreatment, the physician, psychologist, psychiatrist, licensed counselor, or therapist is deemed to be performing services on behalf of the child.
An adult subject of a report of suspected child maltreatment cannot invoke privilege on the child’s behalf.”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
Citation: Ann. Code § 12-18-302
A mandated reporter may report child maltreatment or suspected child maltreatment by telephone call, facsimile transmission, or online reporting.
Facsimile transmission and online reporting may be used in nonemergency situations by an identified mandated reporter who
provides the following contact information:
• Name and phone number
• In the case of online reporting, his or her email address
A mandated reporter who wishes to remain anonymous shall make a report through the toll-free child abuse hotline telephone system.
Disclosure of Reporter Identity
Citation: Ann. Code § 12-18-909
The identity of the reporter shall not be disclosed unless a court determines that the reporter knowingly made a false report.”