12 CAR Part 22 — Crimes Against Children Division Investigation Deadline Extension

Chapter V

Subchapter A

Subpart 1

12 CAR § 22-101 Purpose {#sec-12-car-22-101 omnilex-key=us-ar-regs-official--title-12-part-22--12 CAR § 22-101}

12 CAR § 22-101. Purpose.

(a) The purpose and authority for this part is contained in Acts 2013, No. 426, and Arkansas Code § 12-18-616, as amended.

(b)(1) It is of critical importance that child maltreatment reports reach an “investigation determination” within forty-five (45) days.

(2) However, that is not possible in all investigations.

12 CAR § 22-102 Explanation {#sec-12-car-22-102 omnilex-key=us-ar-regs-official--title-12-part-22--12 CAR § 22-102}

12 CAR § 22-102. Explanation.

(a) This act and law authorizes a fifteen-day extension to the forty-five-day “investigation determination” deadline.

(b) The purpose of this part is to outline the process to extend the deadline from forty-five (45) days to sixty (60) days.

12 CAR § 22-103 Crimes Against Children Division — Investigative deadline extension {#sec-12-car-22-103 omnilex-key=us-ar-regs-official--title-12-part-22--12 CAR § 22-103}

12 CAR § 22-103. Crimes Against Children Division — Investigative deadline extension.

(a) Request.

(1) If needed, a Crimes Against Children Division of the Division of Arkansas State Police investigator shall request approval for the fifteen-day extension to the investigation determination deadline in writing to their immediate supervisor.

(2)(A) This request will be made no later than the fortieth day of the investigation.

(B) The reason for the request for extension shall be explained in detail in the request.

(b) Criteria. A fifteen-day investigation determination extension may be approved under the following circumstances:

(1) When necessary documentation has been requested but has not been received, such as:

(A) Medical files and information;

(B) Police records and reports;

(C) Medical examiner’s reports;

(D) State Crime Laboratory reports; or

(E) Information or reports from other states;

(2) Postponement of determination due to request from a prosecuting attorney or law enforcement agency where there is a pending criminal investigation; or

(3) Multiple alleged offenders or victims are involved requiring additional time to conduct interviews and gather evidence.

(c) Approval.

(1) The Crimes Against Children Division of the Division of Arkansas State Police investigator’s supervisor shall review the extension request and the investigation to ensure the extension is warranted.

(2) A decision shall be made by the supervisor to grant or deny the request in writing no later than the forty-fifth day.

(3) The supervisor shall notify the investigator of their decision as soon as possible.

(d) Status pending further documentation. An investigation shall not be transferred to inactive status while an investigator is awaiting further documentation.

(e) Reporting. The supervisor shall report the total number of extensions granted for all investigations and the reason or reasons for the extension or extensions on a monthly basis to the Crimes Against Children Division of the Division of Arkansas State Police investigative administrator.