In 2006, the Arizona legislature passed a bill to create the Arizona Adult Protective Service (APS) Registry which took effect July 1, 2007. The public facing APS Registry contains the name and date of birth of the person determined to have abused, neglected or exploited a vulnerable adult and includes a description of the maltreatment which occurred. The names of the vulnerable adult and the reporter are not listed on the APS registry.
The purpose of the APS Registry is to prevent vulnerable adults and children from being victimized by individuals who have been found, through an APS investigation and due process, to have abused, neglected or exploited a vulnerable adult.
All employers are encouraged to review the APS Registry when deciding whether to employ a person to provide care for vulnerable populations.
There are three ways to search the APS Registry:
Employers may also use the Arizona Centralized Background Check web portal to request background checks from the Arizona Department of Child Safety Central Registry and the Adult Protective Services (APS) Registry, and receive status updates on Fingerprint Clearance Cards.
When an investigation is complete, the investigator reviews all the information gathered and, in discussion with the supervisor, determines whether there is evidence to support that the alleged perpetrator (the person alleged to have committed the maltreatment) was responsible for the maltreatment. If so, the recommendation is made to “substantiate” the allegation.
The standard of proof for substantiation is “a preponderance of evidence,” or that the evidence shows it is more likely than not that the maltreatment happened. This is a lower standard of proof than in a criminal proceeding.
If the determination is made to recommend substantiation, the alleged perpetrator may have the right to an administrative hearing.
View a visual of the APS investigation to substantiation process chart.
Yes. APS is required per A.R.S. § 46-458 to notify the alleged perpetrator of the decision to pursue substantiation. If eligible, the alleged perpetrator can request an administrative hearing to appeal this decision. If the alleged perpetrator fails to respond within 15 calendar days of the notification, their name, date of birth, and a description of the substantiated finding are placed on the APS Registry.
If someone believes they did not receive the notification and, thus, could not request a hearing and can show evidence to support their position, they may submit a Request for an Untimely Hearing Form.
If eligible, the Alleged Perpetrator may request an administrative hearing to appeal the decision to enter their name on the APS Registry. The alleged perpetrator is given an opportunity to explain to an administrative law judge with the Office of Administrative Hearings why they should not be placed on the APS Registry and can show any supporting documents to support their case. APS is represented by the Arizona Attorney General’s Office, which offers evidence to show by a preponderance of the evidence the alleged perpetrator maltreated a vulnerable adult.
The administrative law judge hears the case and provides a ruling or using the preponderance of evidence burden of proof, per A.R.S. § 46-458. The ruling may be upheld, amended, or rejected by the Director of the Department of Economic Security.
When the proposed substantiation is upheld through the hearing process, the perpetrator’s name is placed on the APS Registry.
In 2015, HB2021 extended the length of time a person’s name remains on the APS Registry from 10 years to 25 years if the perpetrator’s name was placed on the registry on or after July 3, 2015. If the perpetrator’s name was placed on the registry prior to July 3, 2015, their name will remain on the registry for 10 years.
Pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and other nondiscrimination laws and authorities, ADES does not discriminate on the basis of race, color, national origin, sex, age, or disability. Persons that require a reasonable modification based on language or disability should submit a request as early as possible to ensure the State has an opportunity to address the modification. The process for requesting a reasonable modification can be found at Equal Opportunity and Reasonable Modification