130.00.13 Ark. Code R. 003

Current through Register Vol. 49, No. 10, October, 2024

Rule 130.00.13-003 - Rule concerning the Crimes Against Children Division (CACD) procedures

CRIMES AGAINST CHILDREN DIVISION

INVESTIGATION DEADLINE EXTENSION RULE

PURPOSE: The purpose and authority for this Rule is contained in Act 426 of 2013 and Ark. Code Ann. § 12-18-616 as amended. It is of critical importance that child maltreatment reports reach an "investigation determination" within forty-five (45) days; however that is not possible in all investigations.

EXPLANATION: This Act and law authorizes a fifteen (15) day extension to the forty-five (45) day "investigation determination" deadline. The purpose of this rule is to outline the process to extend the deadline from forty-five (45) days to sixty (60) days.

Crimes Against Children Division - Investigative Deadline Extension Rule 1.

REQUEST: If needed, an Arkansas State Police Crimes Against Children Division Investigator shall request approval for the fifteen (15) day extension to the "investigation determination" deadline in writing to their immediate supervisor. This request will be made no later than the fortieth (40^th) day of the investigation. The reason for the request for extension shall be explained in detail in the request.

CRITERIA: A fifteen-day investigation determination extension may be approved under the following circumstances:

A. When necessary documentation has been requested but has not been received, such as:

1. Medical files and information;

2. Police records and reports;

3. Medical Examiner's reports;

4. Arkansas Crime Lab reports; or

5. Information or reports from other states.

B. Postponement of determination due to request from a prosecuting attorney or law enforcement agency where there is a pending criminal investigation. or

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

APPROVAL: The Arkansas State Police Crimes Against Children Division Investigator's supervisor shall review the extension request and the investigation to ensure the extension is warranted. A decision shall be made by the supervisor to grant or deny the request in writing no later than the forty-fifth (45^th) day. The supervisor shall notify the investigator of their decision as soon as possible.

STATUS PENDING FURTHER DOCUMENTATION: An investigation shall not be transferred to inactive status while an investigator is awaiting further documentation.

REPORTING: The supervisor shall report the total number of extensions granted for all investigations and the reason(s) for the extension(s) on a monthly basis to the Arkansas State Police Crimes Against Children Division's Investigative Administrator.

130.00.13 Ark. Code R. 003

10/15/2013