9 CAR § 40-1405
9 CAR § 40-1405. Notices of true investigative determinations
(a)(1) When a preponderance of the evidence found during an investigation indicates that an allegation should be determined true, the investigating agency shall notify the certain persons as noted below if the Division of Children and Family Services determines the notification is necessary to ensure the health or safety of a child or confirm the investigative determination upon request as noted below or by another form of notification of the investigative determination as approved by the Director of the Division of Children and Family Services.
(2) These notices may be made prior to satisfaction of due process for the alleged offender.
(3) If notice cannot be made to the alleged offender, see 9 CAR § 40-1006, expedited hearing process.
(b)(1) Any person or agency to whom disclosure is made may not disclose to any other person a report or other information included in the notices.
(2) However, the person or agency is permitted to consult their own attorney regarding the information in any notice provided to them.
(c) Law enforcement.
(1) Type of allegation. Severe maltreatment only.
(2) What information.
(A) Name of each victim.
(B) Name of alleged offender type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-221-T: Child Maltreatment True Investigative Determination Notice to Law Enforcement and Prosecuting Attorney or CACD-221-T: Child Maltreatment True Investigative Determination Notice to Law Enforcement and Prosecuting Attorney as appropriate.
(d) Prosecuting attorney.
(1) Type of allegation. Severe maltreatment only.
(2) What information.
(A) Name of each victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-221-T: Child Maltreatment True Investigative Determination Notice to Law Enforcement and Prosecuting Attorney or CACD-221-T: Child Maltreatment True Investigative Determination Notice to Law Enforcement and Prosecuting Attorney as appropriate.
(e) Facility director or licensing or registering authority.
(1) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility or if the alleged offender holds a license from the registration authority.
(2) What information.
(A) Name of alleged offender.
(B) Type of maltreatment.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator or CACD-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator as appropriate.
(f) Facility director.
(1) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility and the facility is licensed or registered by or is operated by or operated under contract with the State of Arkansas.
(2) What Information.
(A) Name of alleged offender.
(B) Type of maltreatment.
(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director or CACD-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director as appropriate.
(g) The Director of the Division of Children and Family Services.
(1) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-230-T: Child Maltreatment True Investigative Determination Notice to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case for Alleged Offender.
(h) Alleged underaged juvenile offender (under fourteen (14) years of age).
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (Under 14 Years old) or CACD-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (Under 14 Years old) as appropriate.
(i) Alleged juvenile offender fourteen to seventeen (14 – 17) years of age.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 14-17 Years of Age or CACD-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 14-17 Years of Age as appropriate.
(j) Alleged juvenile offender (at time of offense) currently eighteen (18) years of age or older (at time of notification).
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender Currently 18 or Older or CACD-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender Currently 18 or Older, as appropriate.
(k) Legal caregivers of alleged underaged juvenile offender (under fourteen (14) years of age).
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Caregivers of Underaged Juvenile Offender (under 14 years old) or CACD-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Caregivers of Underaged Juvenile Offender (under 14 years old) as appropriate.
(l) Legal caregivers of alleged juvenile offender fourteen to seventeen (14 – 17) years of age.
(1) Type of allegation. Sexual abuse.
(2) What information.
(A) Name of alleged juvenile offender.
(B) Name of alleged victim.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-224-T3 or CACD-224-T3 as appropriate.
(m) Current resource parent of alleged offender experiencing foster care.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current resource Parents of the Alleged Offender experiencing Foster Care.
(n) Current resource parent of alleged offender experiencing foster care.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current resource Parents of the Alleged Offender experiencing Foster Care.
(o) Legal caregivers of alleged victim experiencing foster care.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim or CACD-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim, as appropriate.
(p) Victim, if fourteen (14) years of age or older.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim or CACD-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim as appropriate.
(q) Custodial, noncustodial parent, guardians, legal custodians of victim, regardless of the age of the child.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim or CACD-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim as appropriate.
(r) Attorney ad litem of alleged victim.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.
(s) Court appointed special advocate of alleged victim.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.
(t) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case of alleged victim.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim over whom the court has jurisdiction.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Upon request.
(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.
(u) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case of alleged offender.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender over whom the court has jurisdiction.
(C) Type of maltreatment.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-230-T: Child Maltreatment True Investigative Determination Notice to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case for Alleged Offender.
(v) Attorney ad litem of alleged offender.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-228-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA of Alleged Offender.
(w) Court appointed special advocate of alleged offender.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-228-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA of Alleged Offender.
(x) Counsel in dependency neglect or FINS case of an alleged offender.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-230-T: Child Maltreatment True Investigative Determination Notice to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case for Alleged Offender.
(y) Counsel in dependency neglect or FINS case of an alleged victim.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged offender.
(B) Name of alleged victim.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.
(z) Attorney ad litem of child in resource home where maltreatment is reported.
(1) Type of allegation. All maltreatment.
(2) What information. Name of child represented by the AAL only.
(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-229-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA for Child in Resource Home Where Maltreatment Is Reported.
(aa) Court-appointed special advocate of child in resource home where maltreatment is reported or when alleged juvenile offender or under-aged juvenile offender is placed in the same placement as client.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of child represented by the CASA only.
(B) Type of maltreatment.
(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-229-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA for Child in Resource Home Where Maltreatment Is Reported.
(bb) Multidisciplinary team for alleged offender or victim.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.
(4) Form. CFS-230-T: Child Maltreatment True Investigative Determination Notice to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case for Alleged Offender.
(cc) Offender (see “true determination and special process for notice to offender” below).
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS 232-T1: Child Maltreatment True Investigative Determination Notice to Alleged Adult Offender and CFS-232-T1-A: Witness Statement of Notice of Investigative Determination or CACD-232-T1: Child Maltreatment True Investigative Determination Notice to Alleged Adult Offender and CACD-232-T1-A: Witness Statement of Notice of Investigative Determination as appropriate.
(dd) School where alleged juvenile offender is enrolled. No notice at this time.
(ee) Offender, thirteen (13) years of age and older (see “true determination and special process for notice to offender” below).
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS 232-T1: Child Maltreatment True Investigative Determination Notice to Alleged Adult Offender and CFS-232-T1-A: Witness Statement of Notice of Investigative Determination or CACD-232-T1: Child Maltreatment True Investigative Determination Notice to Alleged Adult Offender and CACD-232-T1-A: Witness Statement of Notice of Investigative Determination as appropriate.
(ff) Offender, exempt, Garrett’s Law or religious.
(1) Type of allegation. All maltreatment.
(2) What information.
(A) Name of alleged victim.
(B) Name of alleged offender.
(C) Type of maltreatment.
(3) When. Within ten (10) business days of determination.
(4) Form. CFS-232-T2: True but Exempt Child Maltreatment Investigative Determination Notice to Offender or CACD-232-T2: True but Exempt Child Maltreatment Investigative Determination Notice to Offender as appropriate.
(gg) True determination and special process for notice to offender.
(1) If the investigation is determined true and not exempt, the offender must be notified of the right to request an administrative hearing within thirty (30) days of the investigative determination.
(2) The division shall ensure that documented proof of service of the alleged offender’s right to administrative appeal is maintained in the file.
(3)(A) If the alleged offender is a juvenile fourteen (14) years of age or older at the time of the act or omission, the notification must include a statement that the matter has been referred for an automatic administrative hearing.
(B) The hearing may be waived by the juvenile offender or their parent in writing.
(C) This hearing may not be waived by the division if the child is experiencing foster care, but may be waived by the attorney of the child experiencing foster care.
(4)(A) The division will provide notice via certified mail with restricted delivery.
(B) If this method fails , the division shall utilize a process server.
(5) Upon completion of the investigation, the division shall provide the alleged offender with a copy of the CFS-232-T1: Notice to Offender of True Child Maltreatment Investigative Determination or Expedited Hearing or other form of notification of the investigative determination as approved by the director within ten (10) business days of determination.
(6) Notice via certified mail. The division shall send the CFS-232-T1: Notice to Offender of True Child Maltreatment Investigative Determination or Expedited Hearing or other form of notification of the investigative determination approved by the director to the offender via certified mail with restricted delivery.
(7) Notice via process server.
(A) The division will utilize a process server only after the postal service returns the green card unsigned; or
(B) Upon successfully providing notification of the determination to the alleged offender, the division will enter the date the offender received the notice in the division information management system after the postal service returns the green card (return receipt).
(8) Continuing attempts to notify when unable to locate offender. If the process server is unable to serve the offender, the division shall continue to attempt to notify the offender no less frequently than once a year for no fewer than three (3) years.
(hh) True determination and children, the elderly, or individuals with disabilities or mental illness at risk.
(1)(A) Upon satisfaction of due process and if the investigative determination is true, if the offender is a juvenile or is engaged in child-related activities or employment, works with the elderly, an individual with disabilities or mental illness, or is a juvenile and the division has determined that children, the elderly, or individuals with disabilities or mental illness under the care of the offender appear to be at risk of maltreatment by the alleged offender, the division may notify the following of the investigative determination upon receiving written approval from the Director of the Division of Children and Family Services or designee.
(B)(i) Alleged offender’s employer, entity, or person in charge of the alleged offender’s paid or volunteer activity.
(ii) A licensing or registering authority to the extent necessary to carry out its official responsibilities.
(C) Type of allegation. All maltreatment.
(D) What information.
(i) Name of alleged offender.
(ii) Type of maltreatment.
(E) When. Within ten (10) business days of determination.
(F) Form. CFS-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator or CACD-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator as appropriate.
(2) If the division later determines that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the division shall immediately notify the previously notified person or entity of that information.