9 CAR § 40-324. Child maltreatment investigation closures and determinations

(a) Within forty-five (45) calendar days of receipt of a report from the Child Abuse Hotline (or within sixty (60) calendar days for those investigations for which an extension was granted as outlined above) a child maltreatment investigation will be either administratively closed pursuant to Arkansas Code § 12-18-601 without a determination, or closed with a determination of either: (1) Unsubstantiated; (2) True; (3) True but exempted for: (A) Neglect as defined by Arkansas Code § 12-18-103(14)(B) (Garrett’s Law); (B) Religious beliefs; (C) Underaged juvenile offenders; or (D) Juvenile offenders less than fourteen (14) years of age; or (4) Inactive. (b) Administrative closures. In order to conduct an administrative closure, the Division of Children and Family Services will: (1) Initiate the investigation by interviewing the alleged victim outside the presence of the alleged offender; (2) Complete an assessment of the alleged victim’s home environment, as appropriate; (3) Interview a collateral witness; (4) Review prior history of child maltreatment related to the family of the child and to the alleged offender; and (5) After the preliminary investigation steps above have occurred, submit a request for administrative closure if: (A) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report; (B) The division has determined based on review of prior child maltreatment history that the health and safety of the child can be ensured without further investigation by the division; and (C) The division determines that: (i) Abuse or neglect of the child did not occur; and (ii) At least one (1) of the following criteria are met: (a) There are indications of malicious reporting; (b) Details of the allegations are insufficient to investigate; (c) Reporter was anonymous, and no evidence exists to corroborate the report; or (d) There is no available evidence to support or refute the allegation or allegations due to the passage of time between the alleged occurrence of the maltreatment and the time the report was made.