§ 12-18-910 - Availability of screened-out and unsubstantiated reports. - Arkansas Statutes

12-18-910. Availability of screened-out and unsubstantiated reports.

(a) Screened-out and unsubstantiated reports of child maltreatment are confidential and may be disclosed only as provided in this chapter.

(b) (1) The Department of Human Services may charge:

(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files of child maltreatment cases; and

(B) A reasonable fee for reproducing copies of tapes and photographs.

(2) A fee shall not be charged to:

(A) A nonprofit or volunteer agency that requests searches of the investigative files; or

(B) A person who is indigent.

(c) (1) The department shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.

(2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(d) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.

(2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the department.

(3) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report.

(e) Any record of a screened-out report of child maltreatment shall not be disclosed except to the prosecuting attorney and law enforcement and may be used only within the department for purposes of administration of the program.

(f) An unsubstantiated report, including protected health information, shall be confidential and shall be disclosed only to:

(1) The prosecuting attorney;

(2) A subject of the report;

(3) (A) A grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury.

(B) The grand jury or court may disclose it to parties to a legal proceeding upon a finding that the report is necessary for the presentation of a party's complaint or defense and under such terms or protective order that the court orders;

(4) (A) Acting in their official capacities, individual United States and Arkansas senators and representatives and their authorized staff members but only if they agree not to permit any redisclosure of the information.

(B) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address;

(5) Law enforcement;

(6) Any licensing or registering authority to the extent necessary to carry out its official responsibilities;

(7) Adult protective services;

(8) The Division of Developmental Disabilities Services and the Division of Aging and Adult Services as to participants of the waiver program;

(9) A Court Appointed Special Advocate upon presentation of an order of appointment for a child who is a subject of a report;

(10) The attorney ad litem of a child who is the subject of a report; and

(11) Any person or entity to whom notification was provided under this chapter.

(g) Hard copy records of unsubstantiated reports shall be retained no longer than eighteen (18) months for purposes of audit.

(h) Information on unsubstantiated reports included in the automated data system shall be retained indefinitely to assist the department in assessing future risk and safety.