Arkansas Law

§ 12-12-503. Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) "Child" or "juvenile" means an individual who:

     (A) Is from birth to the age of eighteen (18);

     (B) Is under the age of twenty-one (21) years, whether married or single, who was adjudicated delinquent under the Arkansas Juvenile Code, § 9-27-301 et seq., for an act committed prior to the age of eighteen (18) years, and for whom the court retains jurisdiction; or

     (C) Was adjudicated dependent-neglected under the Arkansas Juvenile Code, § 9-27-301 et seq., before reaching the age of eighteen (18) years, and who, while engaged in a course of instruction or treatments, requests the court to retain jurisdiction until the course has been completed;

(2) "Parent" means a biological mother, an adoptive parent, a man to whom the biological mother was married at the time of conception or birth, or who has been found, by a court of competent jurisdiction, to be the biological father of the juvenile;

(3) "Child maltreatment" means abuse, sexual abuse, neglect, sexual exploitation, or abandonment;

(4)(A) "Abuse" means any of the following acts or omissions by a parent, guardian, custodian, foster parent, 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:

          (i) Extreme and repeated cruelty to a juvenile; or

          (ii) Physical, psychological, or sexual abuse of any juvenile which includes, but is not limited to, intentionally, knowingly, or negligently and without justifiable cause:

               (a) Engaging in conduct creating a substantial possibility of death, permanent or temporary disfigurement, illness, impairment of any bodily organ, or an observable and substantial impairment in the intellectual or psychological capacity of the juvenile to function within his normal range of performance and behavior with due regard to his culture;

               (b) Any nonaccidental physical injury or mental injury; or

               (c) Any injury which is at variance with the history given.

     (B)(i) "Abuse" shall 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.

      (ii) The following actions are not reasonable or moderate when used to correct or restrain a child:

                    (a) Throwing, kicking, burning, biting, or cutting a child;

                    (b) Striking a child with a closed fist;

                    (c) Shaking a child under age three (3);

                    (d) Striking or other actions which result in any nonaccidental injury to a child under the age of eighteen (18) months;

                    (e) Interfering with a child's breathing;

                    (f) Threatening a child with a deadly weapon;

                    (g) Striking a child on the face; or

                    (h) Doing any other act that is likely to cause, and which does cause, bodily harm greater than transient pain or minor temporary marks.

                        (iii) The age, size, and condition of the child, and the location of the injury and the frequency or recurrence of injuries shall be considered when determining whether the bodily harm is reasonable or moderate.

                        (iv) This list is illustrative of unreasonable action and is not intended to be exclusive;

(5) "Sexual abuse" means:

     (A) By a person ten (10) years of age or older to a person younger than eighteen (18) years of age:

          (i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or

          (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact;

     (B) That occurs between a person eighteen (18) years of age or older and a person not his spouse who is younger than sixteen (16) years of age:

          (i) Sexual intercourse, deviate sexual activity, or sexual contact or solicitation; or

          (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or

     (C) Between a person younger than eighteen (18) years of age and a sibling or caretaker:

          (i) Sexual intercourse, deviate sexual activity, or sexual contact or solicitation; or

          (ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact.

(6) "Neglect" means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care by a parent, custodian, guardian, 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 under state law for the juvenile's welfare, which constitute:

     (A) Failure or refusal to prevent the abuse of the juvenile when such person knows or has reasonable cause to know the juvenile is or has been abused;

     (B) Failure or refusal to provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the juvenile's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected;

     (C) Failure to take reasonable action to protect the juvenile from abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness where the existence of such condition was known or should have been known;

     (D) Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the juvenile;

     (E) Failure to provide for the juvenile's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care; or

     (F) Failure, although able, to assume responsibility for the care and custody of the juvenile or participate in a plan to assume such responsibility;

     (G) Failure to appropriately supervise the juvenile which results in the juvenile's being left alone at an inappropriate age or in inappropriate circumstances which put the juvenile in danger.

(7) "Sexual exploitation" means allowing, permitting, or encouraging participation or depiction of the juvenile in prostitution, obscene photographing, filming, or obscenely depicting a juvenile for any use or purpose;

(8) "Abandonment" means:

     (A) Failure of the parent to provide reasonable support and to maintain regular contact with the juvenile 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;

     (B) Failure to support or maintain regular contact with the juvenile without just cause; or

     (C) An articulated intent to forego parental responsibility;

(9) "Caretaker" means a parent, guardian, custodian, foster parent, or any person ten (10) years of age or older who is entrusted with a 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, public or private school, or any person responsible for a child's welfare;

(10) "Severe maltreatment" means sexual abuse, sexual exploitation, acts or omissions which may or do result in death, abuse involving the use of a deadly weapon as defined by the Arkansas Criminal Code, § 5-1-101 et seq., bone fracture, internal injuries, burns, immersions, suffocation, abandonment, medical diagnosis of failure to thrive, or causing a substantial and observable change in the behavior or demeanor of the child;

(11) "Department" means the Department of Human Services;

(12) "Subject of the report" means:

     (A) The offender;

     (B) The parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and

     (C) The child who is the subject of suspected maltreatment;

(13)(A) "Central intake", otherwise referred to as the "child abuse hotline", refers to a unit which shall be established by the Department of Human Services for the purpose of receiving and recording notification made pursuant to this subchapter.

     (B) Central intake shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number;

(14) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition; and

(15) "Serious bodily injury" means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

(16)(A)(i) "Forcible compulsion" means physical force, intimidation, or a threat, express or implied, of death or physical injury to or kidnapping of any person.

          (ii) If the act was committed against the will of the juvenile, then "forcible compulsion" has been used.

(B) The age of the victim and the relationship of the victim to the assailant shall be considered in weighing the sufficiency of the evidence to prove compulsion.

History. Acts 1991, No. 1208, § 2; 1993, No. 1126, §§ 3-5; 1995, No. 804, § 2; 1995, No. 1341, §§ 1-3; 1997, No. 1334, § 1; 1999, No. 36, § 1; 1999, No. 1340, §§ 22, 23, 24, 25, 34, 36.