The operation of Adult Protective Services (APS) is authorized by Arizona Revised Statutes:
|Arizona Revised Statute 46-451||
Definitions; Program Goals
Bill signed into law effective May 10, 2021.
|Arizona Revised Statute 46-452||Protective Services Worker Powers & Duties|
|Arizona Revised Statute 46-452.01||Office of State Long Term Care Ombudsman|
|Arizona Revised Statute 46-452.02||Long Term Care Ombudsman; Duties; Immunity From Liability|
|Arizona Revised Statute 46-453||Immunity of Participants; Non Privileged Communication|
|Arizona Revised Statute 46-454||Duty to Report Abuse, Neglect & Exploitation of Incapacitated or Vulnerable Adults; Violation; Classification|
|Arizona Revised Statute 46-455||Permitting life or health of an incapacitated or vulnerable adult to endangered by neglect; violation; classification; civil remedy|
|Arizona Revised Statute 46-456||Duty to an incapacitated or vulnerable adult; financial exploitation; civil & criminal penalties; exceptions; definitions|
|Arizona Revised Statute 46-457||Elder Abuse Central Registry; Mandatory Reporting; Release of information|
|Arizona Revised Statute 46-458||Hearing process; definitions (Please see note below)|
|Arizona Revised Statute 46-459||Adult protective services registry (Please see note below)|
|Arizona Revised Statute 46-460||Adult protective services information; confidentiality; allowed disclosure; violation; classification|
|Arizona Revised Statute 46-461||Multidisciplinary adult protection team; duties; confidentiality; definition|
|Arizona Revised Statute 46-471||Financial Exploitation; definitions|
|Arizona Revised Statute 46-472||Disclosures; immunity; third-party disclosures|
|Arizona Revised Statute 46-473||Delaying disbursements or transactions; immunity|
|Arizona Revised Statute 46-474||Records; disclosure; exemption|
|Arizona Revised Statute 14-5310.01||APS Workers; Special Visitation Warrants|
|Arizona Revised Statute 13-3623||Child or Vulnerable Adult Abuse; Definitions; Classification|
|Arizona Revised Statute 12-2238||Mediation; privileged communications; exceptions; liability; definitions|
2006 Statutory Provisions:
During the 2006 legislative session, the Legislature passed House Bill 2558, resulting in the creation of a hearing process (A.R.S. § 46-458) and the Adult Protective Services Registry (A.R.S. § 46-459). These new 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.
A.R.S. § 46-458 requires that upon completion of its investigation, APS notify the alleged perpetrator of the outcome of its investigation and the right to a hearing in the event APS proposes to substantiate the allegations. If the perpetrator requests a hearing, the matter will be heard by an Administrative Law Judge who will determine whether there is sufficient evidence to sustain the APS findings. If such evidence exists, A.R.S. § 46-459 requires the perpetrator’s name be placed on a public registry for twenty-five (25) years. If the alleged perpetrator does not request a hearing, their name will automatically be placed on the Registry.
Impact of Legislation:
The APS Registry will contain the name and date of birth of the perpetrator, the nature of the allegation made and the date and description of the disposition of the allegation. Information contained on the Registry will be made available to the public upon written request. A substantiated report of mistreatment of a vulnerable adult may impact a person's employment or employment opportunities as well as their ability to obtain a license to provide caregiving services in different types of settings. Any employer or licensing entity should request a search of the registry to ensure potential employees or licensees do not appear.