Act 791 of 1981; Act 445 of 1985. Language of law may be confusing and/or in conflict with the Social Work Licensing Law. Does 9-9-212 conflict with 17-39-101 et seq.,17-39-201, or 17-39-301 et seq. when it allows licensed social workers to do independent investigations subsequent to the filing o

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86-144 September 18, 1986 Consevella James, LCSW Chairperson, Social Work Licensing Board P.O. Box 55033 - Hillcrest Station Little Rock, AR 72205 Dear Chairperson James: . You have expressed concern regarding a possible. conflict involving the interaction of Act 791 of 1981, Acts of Arkansas, and Act 445 of 1985, Acts of Arkansas. This concern centers around the language in Act 445 of 1985, Acts of Arkansas, which provides in section l(b) that under certain circumstances Licensed Social Workers, may perform independent investigations subsequent to the filing of petitions for adoption when ordered to do so by the court. The preceived conflict arises because of the requirements of Act 791 of 1981, that any independent social work be performed only by a Licensed Certified Social Worker. , Upon review of the applicable statutes, it appears that the legislature in adopting the 1985 Act has carved a narrow _exception to this requirement for the consultative or independent provision of investigations provided in ‘conformaty with the Arkansas Child Placement Licensing Act codified as Ark. Stat. Ann. §§83-1209 - 83-1221. It should’ be noted that both the Arkansas Child Placement Licensing Act as well as the Revised Uniform Adoption Act post-date the Social Work Licensing Act, and as such represents the most recent expression of intent. It appears that. this adoption investigation has as its basis the intake of information and assessment of adults interested in adopting rather than the provision of professional service calculated to effect change in social conditions, human behavior, emotional responses or _ the i enhancement of problem solving coping capacities of clients. It appears that because of this limitation these two laws can be read in such a manner as to avoid a conflict and give full effect to both statutes. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney’ General Kay J. Jackson Demailly. Sincerely, STEVE LARK Attorney General SC/KJID/1jm