Bill on abuse case list passes Senate

SB287 adds review to central registry

A bill that would narrow the scope of child maltreatment investigations and allow a secondary review before a person is added to a central registry passed in the Senate on Monday 35-0.

Senate Bill 287 -- sponsored by Sen. Alan Clark, R-Lonsdale -- specifically points to parents who are investigated for allowing their children to walk, bike or play unsupervised.

"One of the most important things here is that it adds a requirement that in order for individuals to be placed on the Child Maltreatment Central Registry, there must be a determination that the offender poses a future risk to a vulnerable population," Clark told the Senate. "We have people that are being added to the child maltreatment registry that don't belong there."

The registry -- established in 1974 -- covers people accused of various types of child abuse, ranging from neglect to physical abuse, regardless of whether the accused are prosecuted. All that's necessary for placement on the registry is a report filed with state Department of Human Services investigators that is found to be true.

Those accused of child abuse stay on the maltreatment registry, in some cases permanently, even if they are found innocent in a criminal court or the charges are dropped.

The list is used in pre-employment screenings by school districts, day care centers, hospitals and other organizations that have children in their care. It is not to be confused with the Sex Offender Registry maintained by the Arkansas Crime Information Center to track sexual abusers convicted in criminal court.

If it clears the House, SB287 would create a secondary review of calls made to the Child Abuse Hotline or an investigative agency to ensure that the report warrants an investigation.

"The Division of Children and Family Services (DCFS) and Arkansas State Police Crimes Against Children Division (CACD) have worked closely with stakeholders to draft this bill in an effort to keep children safe while also working to ensure that child maltreatment reports accepted by the Child Abuse Hotline not only meet statutory definitions for acceptance, but also warrant assignment to investigative field staff in that referrals have the necessary information and facts to allow field staff to keep children safe and strengthen families," said Amy Webb, a Human Services Department spokesman.

SB287 also would make it easier to close an investigation if there's no supporting evidence other than the report made to the Child Abuse Hotline; there is insufficient detail to investigate the report; or there is no preliminary evidence to support an anonymous complaint.

The case can also be closed if there have been no more reports of abuse or neglect or if an investigator reviews the prior case history and "determines that the health and safety of the child can be assured without further investigation."

A Section on 03/05/2019

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