Adult Protective Services (APS) Registry

What is the APS Registry?

The APS Registry is established in law and is a publicly available listing of individuals who have been demonstrated to have abused, neglected, or exploited a vulnerable adult.  The registry includes the perpetrator’s name, date of birth, the nature of the allegations made, and the date and description of the allegation.

The registry is available in multiple formats:

• Through the Arizona Centralized Background Checks web portal, which allows employers to request background checks from the Arizona Department Child Safety Central Registry and the Adult Protective Services Registry and receive status updates on Fingerprint Clearance Cards.
• The searchable Adult Protective Services (APS) Registry.
• APS Registry PDF Format
• APS Registry Excel Format

How does a person get included on the APS Registry?

Once APS concludes its investigation, it will send the alleged perpetrator a letter that explains the investigation’s outcome.

If APS intends to substantiate the allegation and place the alleged perpetrator’s name on the APS Registry, the letter will include a Hearing Request Form that the perpetrator may use to request an administrative hearing to appeal APS’s determination.

If the alleged perpetrator requests a hearing and is entitled to one, the alleged perpetrator is given an opportunity to explain to an administrative law judge with the Office of Administrative Hearings why they believe they should not be included on the APS Registry. The alleged perpetrator may also provide evidence at the hearing. The Administrative Law judge hears the case and provides a ruling using the preponderance of evidence standard. 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 included on the APS Registry.

Who can see the information on the APS Registry?

The APS Registry is publicly available. Anyone can search the APS Registry. It can also be downloaded in the APS Registry PDF Format or the APS Registry Excel Format.

How long will a perpetrator’s name be listed on the APS Registry?

Arizona Revised Statute requires APS to keep a perpetrator’s name on the APS Registry for 25 years after the date of entry.

In 2015, HB2021 extended the length of time a perpetrator’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 APS Registry for 10 years.

Are employers required to check the APS Registry?

All employers, or the general public, may check the APS Registry and make decisions based on its contents. They may do so using the Arizona Centralized Background Checks web portal.

Arizona Revised Statutes contain some requirements specific to certain types of employers.

• Residential Care Institutions, Nursing Care Institutions, and Home Health Agencies are required to check the APS Registry for their employees. These employers are prohibited from hiring or employing anyone who is listed on the APS Registry.
• The Department of Economic Security must check the APS Registry for any employee in a position that provides direct services to children or vulnerable adults in certain settings.
• The Department of Economic Security may check the APS registry for any employee, or an employee of one of its contractors, who provides direct services to children or vulnerable adults. The Department must use information on the registry to determine if the individual is qualified for the position.

Am I allowed to hire someone on the APS Registry?

Arizona Revised Statute prohibits certain types of employers from hiring/employing someone who is on the APS Registry. Additionally, some contractors may have specific requirements around the APS Registry and other background checks. Employers should check state and contract requirements when making hiring decisions.

What does it mean if a prospective employee/employee is on the APS Registry?

When APS adds a perpetrator's name, date of birth and other information to the APS Registry, this means APS has substantiated an allegation of abuse, neglect, or exploitation of a vulnerable adult against the listed individual. APS substantiates maltreatment when there is a preponderance of evidence that the victim was a vulnerable adult and the allegation occurred.

If a prospective employee/employee matches on the APS Registry, does that mean that APS substantiated an allegation against them?

The APS Registry lists an individual’s name (as listed with the Arizona Motor Vehicles Division), any aliases known to APS, and date of birth. There are thousands of entries on the APS Registry and many people do share names and dates of birth. If an employer notes that one of their employees is on the APS Registry, it is important they conduct due diligence to determine if the registered individual is the same person as the employee.

I am using the Centralized Background Checks portal and one of my prospective employees/employees is listed as a “partial match.” What does this mean?

Because people may change their names or go by different names, the Centralized Background Checks system will return results when some of a person’s identifying information matches information in the APS Registry. For example, if you are searching for an individual and their last name and date of birth matches an entry in the APS Registry, the system will inform you of a partial match.

A partial match does not automatically mean that your prospective employee/employee is on the APS Registry. There are over 2500 entities on the APS Registry and many people share names and dates of birth. As the employer, you are responsible for conducting due diligence to determine if your prospective employee/employee is the individual listed on the APS Registry.

How can I determine if my prospective employee/employee is the same person as the person on the APS Registry?

There are many ways an employer may make this determination. Ultimately, it is the responsibility of the employer to take the steps necessary to confirm the identity of the prospective employee/employee. Options may include, but are not limited to:

• Reviewing and verifying the prospective employee/employee’s official identification documentation
• Reviewing and verifying the prospective employee/employee’s employment history
• Requiring the prospective employee/employee to complete an attestation or other document formally affirming that they are not the individual listed on the APS Registry.

The measures above are available options. Employers may choose to implement the measures that best meet their specific needs.