Stricken language would be deleted from and underlined language would be added to present law.
Act 727 of the Regular Session
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State of Arkansas As Engrossed: H3/16/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1560 3
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By: Representative Vaught 5
By: Senator K. Hammer 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE CHILD MALTREATMENT A CT; TO 9
CLARIFY THE LAW REGA RDING REPORTS THAT A RE RECEIVED 10
BY THE CHILD ABUSE H OTLINE CONCERNING AL LEGED VICTIMS 11
WHO ARE EIGHTEEN YEA RS OF AGE OR OLDER; TO PROHIBIT 12
ANONYMOUS REPORTING TO THE CHI LD ABUSE HOTLINE; TO 13
AMEND PENALTIES AND THE STATUTE OF LIMIT ATIONS FOR 14
FAILURE TO REPORT CH ILD MALTREATMENT; TO AMEND THE 15
LAW REGARDING WHO IS A MANDATED REPORTER; AND FOR 16
OTHER PURPOSES. 17
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Subtitle 20
TO CLARIFY THE LAW REGARDING REP ORTS OF 21
CHILD MALTREATMENT WITH ALLEGED VICTIMS 22
WHO ARE EIGHTEEN YEARS OF AGE OR OLDER; 23
TO PROHIBIT ANONYMOUS REPORTING OF CHILD 24
MALTREATMENT; AND TO AMEND PENALTIES FOR 25
FAILURE TO REPORT CHILD MALTREATMENT. 26
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29
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SECTION 1. Arkansas Code § 5 -1-109(a), concerning the periods of 31
limitation for the prosecution of certain offenses, is amended to add an 32
additional subdivision to read as follows: 33
(4) A prosecution for failure to notify by a m andated 34
reporter in the first degree, § 12 -18-201, and failure to notify by a 35
mandated reporter in the second degree, § 12 -18-202, if the child victim in 36 As Engrossed: H3/16/23 HB1560
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question was subject to child maltreatment, may be commenced by the later of 1
the following: 2
(A) Ten (10) years after the child victim reaches 3
eighteen (18) years of age; or 4
(B) The period of limitation for an offense 5
underlying the child maltreatment. 6
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SECTION 2. Arkansas Code § 5 -1-109(b)(3)(B), concerning the periods of 8
limitation for the pro secution of certain offenses, is amended to read as 9
follows: 10
(B) However:, 11
(i) For failure to notify by a mandated 12
reporter in the first degree, § 12-18-201, and failure to notify by a 13
mandated reporter in the second degree, § 12-18-202, the period of limitation 14
is ten (10) years after the child victim reaches eighteen (18) years of age 15
if the child in question was subject to child maltreatment; and 16
(ii) For for a nine-point or greater violation 17
of an Arkansas State Game and Fish Commission regulation or rule, the period 18
of limitation is three (3) years; and 19
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SECTION 3. Arkansas Code § 12 -18-201, concerning failure to notify by 21
a mandated reporter in the first degree, is amended to add an additional 22
subsection to read as follows: 23
(c) This section does not apply to a person who is a: 24
(1) Mandated reporter under § 12 -18-402(b)(42); and 25
(2) Victim of any of the following committed by the same 26
offender whom the person observed subjecting a child to abuse, sexual abuse, 27
or sexual exploitation: 28
(A) Domestic abuse as defined in § 9 -4-102; 29
(B) An offense involving physical injury, the threat 30
or risk of physical injury, or apprehension of imminent physical injury; or 31
(C) A sex offense as defined in § 12 -12-903. 32
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SECTION 4. Arkansas Code § 12-18-202, concerning failure to notify by 34
a mandated reporter in the second degree, is amended to add an additional 35
subsection to read as follows: 36 As Engrossed: H3/16/23 HB1560
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(c) This section does not apply to a person who is a: 1
(1) Mandated reporter under § 12 -18-402(b)(42); and 2
(2) Victim of any of the following committed by the same 3
offender whom the person observed subjecting a child to abuse, sexual abuse, 4
or sexual exploitation: 5
(A) Domestic abuse as defined in § 9 -4-102; 6
(B) An offense involving physical injury, the threat 7
or risk of physical injury, or apprehension of imminent physical injury; or 8
(C) A sex offense as defined in § 12 -12-903. 9
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SECTION 5. Arkansas Code § 12 -18-205(b), concerning lawful disclosure 11
of data or informati on under the Child Maltreatment Act, is amended to read 12
as follows: 13
(b) Unlawful disclosure of data or information under this 14
chapter is a Class A misdemeanor an unclassified misdemeanor and subject to a 15
fine of up to five thousand dollars ($5,000) or i mprisonment of up to one (1) 16
year, or both. 17
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SECTION 6. Arkansas Code § 12 -18-302(b)-(d), concerning reports by 19
mandated reporters, is amended to read as follows: 20
(b) Facsimile transmission and online Online reporting may be 21
used in nonemergency situa tions by an identified mandated reporter under this 22
chapter who provides the following contact information: 23
(1) Name and phone number; and 24
(2) In the case of online reporting, the The email address 25
of the identified mandated reporter under this cha pter. 26
(c) The Child Abuse Hotline shall provide confirmation of the 27
receipt of a facsimile transmission via a return facsimile transmission or 28
report made via online receipt submission. 29
(d) A mandated reporter under this chapter who wishes to remain 30
anonymous shall make a report through the Child Abuse Hotline toll -free 31
telephone system. 32
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SECTION 7. Arkansas Code § 12 -18-303(e)(1), concerning minimum 34
requirements for a report to be accepted by the Child Abuse Hotline, is 35
amended to read as follows: 36 As Engrossed: H3/16/23 HB1560
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(e)(1)(A)(i) A report of child maltreatment that does not meet the 1
requirements of subsection (a) of this section shall not be accepted by the 2
Child Abuse Hotline. 3
(ii) The Child Abuse Hotline shall document a report 4
of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged 5
victim who is eighteen (18) years of age or older and refer the report to 6
local law enforcement for criminal investigation if the alleged victim is: 7
(a) Enrolled in high school; or 8
(b) In the extended foster care program under 9
§ 9-28-114. 10
(B) The Child Abuse Hotline may accept a report of child 11
maltreatment that does not meet the requirements of subsection (a) of this 12
section if sufficient information is provided to accept the report under §§ 13
12-18-304 — 12-18-310. 14
(C) The Child Abuse Hotline shall not accept an anonymous 15
report. 16
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SECTION 8. Arkansas Code § 12 -18-402(b), concerning individuals who 18
are mandated reporters under the Child Maltreatment Act, is amended to add an 19
additional subdivision to read as follows: 20
(42) A person who is eighteen (18) years of age or older 21
and observes abuse, sexual abuse, or sexual exploitation of a child. 22
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SECTION 9. Arkansas Code § 12 -18-601(b)(2)(B), concerning procedures 24
established by the D epartment of Human Services for the investigation of an 25
allegation of child maltreatment, is amended to read as follows: 26
(B) The procedures established by the Department of Human 27
Services shall require the: 28
(i) Closure of an investigation if there is no 29
evidence to support the report of child maltreatment other than the report 30
made to the Child Abuse Hotline; 31
(ii) Closure of an investigation if there is 32
insufficient detail to investigate the report of child maltreatment; 33
(iii)(a) Closure of an investigation that is based 34
on an allegation made by an anonymous reporter if there is no evidence to 35
corroborate the report of child maltreatment after the investigating agency 36 As Engrossed: H3/16/23 HB1560
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has conducted a preliminary investigation to determine whether there is any 1
evidence to corroborate the report of child maltreatment. 2
(b) A preliminary investigation shall include: 3
(1) An interview with the alleged 4
victim; 5
(2) A visit to the home of the alleged 6
victim if appropriate given the type of child maltreatment alleged; and 7
(3) Evidence from a collateral witness; 8
(iv)(iii) Closure of an investigation if: 9
(a) There has not been an additional report of 10
abuse or neglect that has been committed by the alleged offender who is the 11
subject of the current report; 12
(b) The investigator reviews the prior history 13
of child maltreatment related to the family of the child and to the alleged 14
offender and determines that the health and safety of the child can be 15
assured without further investigation by the Department of Human Services or 16
the Division of Arkansas State Police; and 17
(c) The investigator determines that abuse or 18
neglect of the child did not occur; and 19
(v)(iv) Approval of the: 20
(a) Director of the Division of Children and 21
Family Services of the Department of Human Services or his or her designee 22
for the administrative closure of an investigation that is conducted by the 23
Department of Human Services; or 24
(b) Director of the Division of Arkansas State 25
Police or his or her designee for the administrative closure of an 26
investigation conducted by the Division of Arkansas State Police. 27
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/s/Vaught 29
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APPROVED: 4/12/23 32
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