Current Through February 2016

Physical Abuse

Citation: Ann. Code § 12-18-103‘Abuse’ means any of the following acts or omissions:

• Extreme or repeated cruelty to a child
• Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ
• Any injury that is inconsistent with the history given
• Any nonaccidental physical injury
• Any of the following intentional or knowing acts:
  • Throwing, kicking, burning, biting, or cutting a child
  • Striking a child with a closed fist
  • Shaking a child
  • Striking a child on the face or head
• Any of the following acts, with or without physical injury:
  • Striking a child age 6 or younger on the face or head
  • Shaking a child age 3 or younger
  • Interfering with a child’s breathing
  • Pinching, biting, or striking a child in the genital area
  • Tying a child to a fixed or heavy object or binding or tying a child’s limbs together
  • Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions
  • Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, marijuana, alcohol, a narcotic, or an over-the-counter drug if a person purposely administers an overdose to a child
  • Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine
  • Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel.

Neglect

Citation: Ann. Code § 12-18-103‘Neglect’ means those acts or omissions that constitute:

• Failure or refusal to prevent the abuse of the child when the person knows or should know the child is or has been abused
• Failure or refusal to provide the food, clothing, shelter, or medical treatment necessary for the child’s well-being
• Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness when the existence of the condition was known or should have been known
• Failure or inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child
• Failure to provide for the child’s care and maintenance, proper or necessary support, or medical, surgical, or other necessary care
• Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility
• Failure to appropriately supervise the child that results in the child’s being left alone at an inappropriate age or in inappropriate circumstances creating a dangerous situation or a situation that puts the child at risk of harm
• Failure to ensure a child between age 6 and 17 is enrolled in school or is being legally home schooled, or the child is habitually absent from school as a result of an act or omission by the child’s parent

Neglect also shall include:

• Causing a child to be born with an illegal substance present in the child’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the child’s birth
• The presence of an illegal substance at the time of the birth of a child in the mother’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the child’s birth

Sexual Abuse/Exploitation

Citation: Ann. Code §§ 12-18-103; 12-18-1201‘Sexual abuse’ means:

• By a person age 14 or older to a person younger than age 18:
  • Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion
  • Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion
  • Indecent exposure
  • Forcing the watching of pornography or live sexual activity
• By a person age 18 or older to a person not his or her spouse who is younger than age 15, or by a person age 20 or older to person not his or her spouse age 16 or younger:
  • Sexual intercourse, deviate sexual activity, or sexual contact
  • Attempted sexual intercourse, deviate sexual activity, or sexual contact
  • Solicitation of sexual intercourse, deviate sexual activity, or sexual contact
• By a caregiver to a person younger than age 18:
  • Sexual intercourse, deviate sexual activity, or sexual contact
  • Attempted sexual intercourse, deviate sexual activity, or sexual contact
  • Forcing or encouraging the watching of pornography
  • Forcing, permitting, or encouraging the watching of live sexual activity
  • Forcing the listening to a phone sex line
  • An act of voyeurism
  • Solicitation of sexual intercourse, deviate sexual activity, or sexual contact

‘Sexual exploitation’ means any of the following by a person age 18 or older to a child who is not his or her spouse or by a caregiver of a child:

• Allowing, permitting, or encouraging participation or depiction of the child in prostitution, obscene photography, or obscene filming
• Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose

‘Sexually exploited child’ means a person younger than age 18 who has been subject to sexual exploitation because the person:

• Is a victim of trafficking of persons under § 5-18-103
• Is a victim of child sex trafficking under 18 U.S.C. § 1591
• Engages in an act of prostitution or sexual solicitation

Emotional Abuse

Citation: Ann. Code § 12-18-103The term ‘abuse’ includes acts or omissions that result in injury to a child’s intellectual, emotional, or psychological development, as evidenced by observable and substantial impairment of the child’s ability to function within the child’s normal range of performance and behavior.

Abandonment

Citation: Ann. Code § 12-18-103
‘Abandonment’ means:

• The failure of a parent to provide reasonable support
• The failure of a parent to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future
• The failure of a parent to support or maintain regular contact with a child without just cause
• An articulated intent to forego parental responsibility

Standards for Reporting

Citation: Ann. Code § 12-18-402
A mandatory reporter shall immediately notify the child abuse hotline if he or she:

• Has reasonable cause to suspect that a child has been subjected to child maltreatment, has died as a result of child maltreatment, or died suddenly and unexpectedly
• Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment

The term ‘died suddenly and unexpectedly’ means a child death that was not caused by a known disease or illness for which the child was under a physician’s care at the time of death, including, without limitation, child deaths as a result of the following:

• Sudden infant death syndrome
• Sudden unexplained infant death
• An accident
• A suicide
• A homicide
• Other undetermined circumstance

Persons Responsible for the Child

Citation: Ann. Code § 12-18-103A responsible person includes:

• A parent, guardian, custodian, or foster parent
• A person age 18 or older living in the home with a child, whether related or unrelated to the child
• Any person who is entrusted with the child’s care by a parent, guardian, custodian, or foster parent, including, but not limited to:
  • An agent or employee of a public or private residential home, child care facility, or public or private school
  • A significant other of the child’s parent
  • Any person legally responsible for the child’s welfare

The term ‘significant other’ means a person with whom the parent shares a household or who has a relationship with the parent that results in the person acting in loco parentis with respect to the parent’s child or children, regardless of living arrangements.

Exceptions

Citation: Ann. Code § 12-18-103Abandonment does not include acts or omissions of a parent toward a married minor.

Abuse does not include:

• Physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child
• When a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if:
  • The person exercising the restraint is an employee of a licensed child welfare agency acting in his or her official capacity while on duty.
  • The agency has policy and procedures regarding restraints.
  • No other alternative exists to control the child except for a restraint.
  • The child is in danger or hurting himself or herself or others.
  • The person exercising the restraint has been trained in properly restraining children, deescalation, and conflict resolution techniques.
  • The restraint is for a reasonable period of time.
  • The restraint is in conformity with training and agency policy and procedures.

Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and that does cause injury more serious than transient pain or minor temporary marks. The age, size, and condition of the child, the location of the injury, and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate.

It is not considered neglect when the failure to provide appropriate care is caused primarily by the financial inability of the person legally responsible, and no services for relief have been offered.

Current Through August 2017

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 9-15-103‘Domestic abuse’ means the following:

• Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members
• Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code §§ 5-26-303; 5-26-304; 5-26-305‘First-degree domestic battering’ means the following:

• Causing serious physical injury to a family member with a deadly weapon
• Seriously and permanently disfiguring a family member or destroying, amputating, or permanently disabling a part of his or her body
• Causing serious physical injury under circumstances manifesting extreme indifference to the value of human life
• Causing serious physical injury to a family member who is age 60 or older or age 12 or younger
• Committing two or more acts of domestic battering within the past 10 years
• Causing physical injury to a family or household member by means of a firearm

‘Second-degree domestic battering’ means the following:

• Causing serious physical injury to a family member
• Causing or recklessly causing physical injury with a deadly weapon
• Causing physical injury to a family member who is age 60 or older or age 12 or younger

‘Third-degree domestic battering’ means the following:

• Causing or recklessly causing physical injury to a family member
• Negligently causing physical injury to a family member with a deadly weapon
• Causing stupor, unconsciousness, or physical or mental impairment to a family member by administering any drug or other substance

Persons Included in the Definition

Citation: Ann. Code §§ 9-15-103; 5-26-302In civil law: ‘Family or household members’ means spouses, former spouses, parents, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided together or cohabited, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together.

In criminal law: ‘Family or household member’ means the following:

• A spouse or former spouse
• A parent
• A child, including any minor residing in the household
• Persons related by blood within the fourth degree of consanguinity
• Persons who presently or in the past have resided or cohabited together
• Persons who have or have had a child in common
• Persons who are presently or in the past have been in a dating relationship together

The degree of consanguinity is computed pursuant to § 28-9-212.

Current Through April 2015

Citation: Ann. Code § 12-18-103(3)(A)‘Abuse’ means any of the following acts or omissions by a parent; guardian; custodian; foster parent; person age 18 or older living in the home with a child, whether related or unrelated to the child; or any person who is entrusted with the juvenile’s care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school; or any person legally responsible for the juvenile’s welfare, but excluding the spouse of a minor:

• Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions
• Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following:
  • Marijuana
  • Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service
  • A narcotic
  • An over-the-counter drug, if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug
• Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine

Citation: Ann. Code § 5-64-407A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine (§ 5-64-423) or possession of drug paraphernalia with the purpose to manufacture methamphetamine (§ 5-64-443(a)(1)) may be subject to an enhanced sentence of an additional term of imprisonment of 10 years if the offense is committed:

• In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person
• With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used
• With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person’s arrest for the offense

The enhanced portion of the sentence is consecutive to any other sentence imposed.

Any person sentenced under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.

As used in this section:

• ‘Elderly person’ means any person age 70 or older.
• ‘Incompetent person’ means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated.
• ‘Minor’ means any person under age 18.

Citation: Ann. Code § 12-18-310All health-care providers involved in the delivery or care of infants shall:

• Contact the Department of Human Services regarding an infant born and affected with a fetal alcohol spectrum disorder
• Share all pertinent information, including health information, with the department regarding an infant born and affected with a fetal alcohol spectrum disorder

The department shall accept referrals, calls, and other communications from health-care providers involved in the delivery or care of infants born and affected with a fetal alcohol spectrum disorder. The department shall develop a plan of safe care for infants affected with a fetal alcohol spectrum disorder.

Citation: Ann. Code § 12-18-103(14)(B)‘Neglect’ shall include:

• Causing a child to be born with an illegal substance present in the child’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the birth of the child
• At the time of the birth of a child, the presence of an illegal substance in the mother’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the birth of the child

As used in this subdivision, ‘illegal substance’ means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101, et seq. A test of the child’s bodily fluids or bodily substances may be used as evidence to establish neglect under this subdivision. A test of the mother’s bodily fluids or bodily substances may be used as evidence to establish neglect under this subdivision.