Arizona Adult Protective Services Statutes

The operation of Adult Protective Services (APS) is authorized by Arizona Revised Statutes (ARS):

2024 Statutory Additions:

The Arizona Legislature passed HB2764. The governor signed it on April 4, 2024. This new law enhances safety, transparency, and accountability within the system responsible for caring for vulnerable adults.

• Provides that APS has specific access to law enforcement records. (A.R.S. § 46-452 (E) and A.R.S. § 46-454 (G))
• Allows APS to file for an order of protection or an injunction against harassment, as a third party on behalf of a vulnerable adult to prevent an alleged perpetrator from accessing the vulnerable adult. (A.R.S. § 46-452 (A)(6))
• Requires owners of residential care institutions, nursing care institutions and home health agencies to check for prospective and current employees on the APS Registry and prohibits the hiring of employees who appear on the Registry.

2023 Statutory Additions:

A.R.S. § 14-5722 became effective on October 30, 2023. The law established “Supported Decision-Making,” which allows individuals who desire assistance in making decisions about housing, education, lifestyle, or managing finances and property, to enter into an agreement with a person of their choosing. A supported decision-making agreement is a less restrictive alternative to guardianship; the agreement retains the rights of the vulnerable adult and can be terminated by either party at any time.

2022 Statutory Additions:

The Legislature passed HB 2397, which added a definition of emotional abuse and expanded the authority of APS to investigate emotional abuse as a sub-component of abuse. This change took effect on September 24, 2022.

2021 Statutory Additions:

The bill updated language/expanded the types of professionals mandated to report abuse, neglect, and exploitation of a vulnerable adult by adding ‘health professional,’ as defined in A.R.S. § 32-3201. (A.R.S. § 46-454)

2019 Statutory Additions:

S.B. 1211 was an emergency measure that became effective immediately upon the governor's signature on April 24, 2019.

• Added provisions A.R.S. § 46-459 regarding using information on the APS registry when making employment decisions.
  
  • Added a requirement for ADES to check the APS Registry for any person employed or seeking employment in a position that provides direct services to children or vulnerable adults in a community residential setting, an intermediate care facility for individuals with intellectual disabilities, home and community-based services, and daycare for persons who have developmental disabilities;
  • Permits DES to conduct an APS registry check for any person who is employed or seeking employment with DES or one of DES' contractors in a position that provides direct services to children or vulnerable adults and mandates that DES use the information when making employment decisions.
• Add a requirement for prospective employees to certify, under penalty of perjury and prior to being employed in a position that provides direct services to vulnerable adults or children, whether an allegation of vulnerable adult abuse, neglect or exploitation has been made against them and was substantiated (A.R.S. § 46-459(J)).

Legislative changes resulting from the 54th Legislature - First Regular Session went into effect on August 27, 2019, are as follows:

• Updated definitions in A.R.S. § 46-451.
  
  • Removed the need for a “pattern of conduct without the person’s informed consent ” from the definition of neglect. (A.R.S. § 46-451);
  • Added a definition of the Adult Protective Services Central Intake Unit (CIU). The CIU is a unit of specialized staff within APS that is responsible for receiving reports of alleged abuse, neglect or exploitation of vulnerable adults and making necessary resource referrals.
• Expanded the list of professionals who have a duty to report suspected abuse, neglect, or exploitation of vulnerable adults (A.R.S. § 46-454);
• Added a provision to prohibit retaliation against a person who reports abuse, neglect, or exploitation of a vulnerable adult in good faith or against a vulnerable adult who is the subject of a report;
• Authorized APS to establish Multidisciplinary Teams (MDTs) with provisions to share confidential information (A.R.S. § 46-461).
• Updated the APS Confidentiality statute to include a specific section to address the APS Program (A.R.S.§ 46-460). This new section provides special protections for the identity of the reporting source and clarifies that information created and gathered by APS is confidential, with some exceptions:
  
  • Authorizes the release of the identity of the reporting source to certain entities, such as law enforcement.
  • Authorizes the release of the minimal necessary information needed to arrange for services, apply for benefits, conduct the investigation of allegations of abuse, neglect, or exploitation, and protect against clear and substantial risk of imminent serious injury to a client or others.
  • Authorizes the release of information to other states and tribal governments for official purposes.
• S.B. 1483 amended Title 46, Chapter 4 of the Arizona Revised Statutes by adding Article 2, Financial Exploitation. This bill, similar to the federal Senior Safe Act, provided immunity from administrative or civil liability for investment advisors and broker-dealers who, in “good faith and exercising reasonable care,” make a report to APS or the Arizona Corporation Commission of possible financial exploitation of elder adults – defined as 65 years or older or vulnerable adults. (A.R.S. §§ 46-471to 46-474)
  
  • Allowed investment advisors and broker-dealers to delay disbursements or transactions for a limited time when financial exploitation is suspected.
  • Granted APS or the Arizona Corporation Commission authority to request that the broker-dealer or investment adviser extend the delay up to 25 additional business days and authority to petition the court to order further delay of the disbursement or transaction or to order other protective relief.
  • Authorized information sharing and conducting joint investigations between the Arizona Corporation Commission, APS, and the broker-dealers or investment advisors.

2015 Statutory Change:

• During the 2015 legislative session, the Legislature passed House Bill 2021, increasing the length of time a perpetrator is on the Adult Protective Services (APS) Registry from 10 to 25 years.
• Added the requirement for the APS Registry to be available online.
• As of July 2015, reports alleging abuse, neglect, or exploitation concerning a person who is incarcerated in any jail, prison, detention center or correctional facility or concerning a person who is a patient at the Arizona State Hospital are not reports that require evaluation by an APS investigator.

2009

• In 2009, to address financial exploitation, the legislature passed HB 2344, which clarified that a person in a position of trust and confidence to a vulnerable adult must use the adult’s assets solely for the benefit of the vulnerable adult and not for the benefit of the person in a position of trust and confidence or their family members, with some exceptions listed (A.R.S. § 46-456). In addition, the definition of a person in a position of trust and confidence was expanded to include a person who is in a confidential relationship with the adult and specifies that the existence of such a relationship is an issue of fact.
• Modified theft concerning a vulnerable adult and the possible civil penalties for a person in a position of trust and confidence who commits financial exploitation of a vulnerable adult. To be considered theft, the person no longer must take control of a vulnerable adult’s property through intimidation or deception but instead must take control of the property without lawful authority.
• The definitions were updated to remove the term incapacitated from the phrase “incapacitated and/or vulnerable adults” throughout A.R.S. §§ 46-451 to 46-457 and added it to the definition of a vulnerable adult (A.R.S. § 46-451).

2006 Statutory Provisions:

During the 2006 legislative session, the Legislature passed House Bill 2558, creating an administrative hearing process (A.R.S. § 46-458) and the Adult Protective Services Registry (A.R.S. § 46-459). These statutes took effect July 1, 2007 and only apply to reports received by APS on or after that date. During the 2015 legislative session, the Legislature passed House Bill 2021, increasing the length of time an accused person is on the Adult Protective Services Registry from 10 years to 25 years.