9 CAR § 40-1306. Name removal from Child Maltreatment Central Registry by a juvenile offender’s request

(a) Removal criteria. (1) Pursuant to Arkansas Code § 12-18-908, the name of an offender who was a juvenile at the time of the offense shall not be removed from the Child Maltreatment Central Registry if: (A) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the felony from the offender’s criminal record; (B) The offender’s conviction for the felony described in subdivision (a)(1)(A) in this section has not been reversed or vacated; and (C) The offender’s name is placed in the Child Maltreatment Central Registry for severe maltreatment. (2) However, the name of an offender who was a juvenile at the time of the offense shall be removed from the Child Maltreatment Central Registry, as provided by Arkansas Code § 12-18-908, when: (A) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and (B) The juvenile offender can prove by a preponderance of the evidence that he or she has been rehabilitated. (b) Application format for a juvenile offender. (1) An application for name removal from the Child Maltreatment Central Registry shall conform to the following. (2) The juvenile offender will submit his or her request to the Director of the Division of Children and Family Services via the CFS-328-B: Request for Name Removal from the Child Maltreatment Central Registry by Juvenile Offender and shall also submit: (A) Completed Division of Arkansas State Police criminal and Federal Bureau of Investigation record check release to allow the Division of Children and Family Services to access the applicant’s Arkansas Crime Information Center background check results free from child maltreatment-related offense for the preceding one (1) year; (B) Evidence of the offender’s rehabilitation, which may include, but is not limited to: (i) A personal letter from the offender describing their rehabilitation; (ii) Documents proving participation in treatment, remediation, or rehabilitation programs; and (iii) One to three (1 – 3) letters of reference from professionals (not to include division employees), employers, spiritual counselors, friends, or family describing the offender’s rehabilitation. (3) As part of the review of a request for removal from the Child Maltreatment Central Registry, the division shall conduct all required background and central registry checks, including: (A) Child maltreatment registry results from the offender’s current state of residence and any state in which the offender has resided in the preceding year free from a true finding of the same maltreatment type for the preceding year; (B) State background check results from the offender’s current state of residence and any state in which the offender has resided in the preceding year free from child maltreatment-related offense for the preceding one (1) year. (4)(A) In addition, the Child Maltreatment Central Registry Review Team or designated staff member supporting the review team will conduct a search in the division information management system to verify whether the applicant has not had a true determination of the same maltreatment type for the preceding year. (B) As part of this process, the review team will also conduct a detailed review for proof of service of the determination notification to the alleged offender, regardless of the timeframe, and his or her right to a hearing. (C) If there is no proof of service and exhaustion of due process, all cases will be treated as true pending due process in accordance with Arkansas Code § 12-18-908 with an evaluation of whether an expedited hearing may be needed to ensure the safety of a vulnerable population. (c) Determination of name removal request by a juvenile offender. (1)(A) The review team will consider requests for removal of names from the Child Maltreatment Central Registry. (B) In determining whether to remove a juvenile offender’s name from the Child Maltreatment Central Registry, the review team shall consider the following: (i) Whether the criminal history reveals any convictions as an adult for the same act for which the offender is named in the registry; (ii) Whether the juvenile offender has reached eighteen (18) years of age, or one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment; (iii) There have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and (iv) The information submitted proves, by a preponderance of the evidence, that the juvenile offender has been rehabilitated. (2) If the review team determines upon review of the initial investigation and all documentation associated with the name removal request that the investigation determination or the assessment of risk to a vulnerable population resulted in the juvenile offender being placed on the Child Maltreatment Central Registry was not supported by the evidence documented within the investigation, the review team may remove the juvenile offender from the Child Maltreatment Central Registry based on this assessment. (3)(A) If the review team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the review team shall send a denial letter to the juvenile offender explaining the reason for denial. (B) The juvenile offender shall wait one (1) year from the date of the request for removal before filing a new petition with the division requesting the offender’s name be removed from the Child Maltreatment Central Registry. (C) If the review team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the juvenile offender may request an administrative hearing within thirty (30) days from the receipt of the division’s decision. (3)(A) However, if the review team needs additional information from the juvenile offender to make the determination as to whether to remove their name from the Child Maltreatment Central Registry, the review team may request that the juvenile offender provide the additional information without requiring the juvenile offender to wait an additional year to file a new petition. (B) The review team shall inform the juvenile offender in writing of the specific additional information requested. (C) The juvenile offender shall have ten (10) calendar days from the date of the request to submit the requested additional information. (D) If the request is sent via email, the juvenile offender shall be given an additional three (3) calendar days to submit the information. (E) If the requested information is not submitted within the specified timeframe, then the juvenile offender shall wait one (1) year from the date of the request to file a new petition requesting his or her name be removed from the Child Maltreatment Central Registry.