division of Aging and Adult Services

Adult Protective Services (APS) Authority

PLEASE NOTE:
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.

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

ARSExternal Links

Statute Definition

46-451

Definitions; Program Goals

46-452

Protective Services Worker Powers & Duties

46-452.01

Office of State Long Term Care Ombudsman

46-452.02

Long Term Care Ombudsman; Duties; Immunity From Liability

46-453

Immunity of Participants; Non Privileged  Communication

46-454

Duty to Report Abuse, Neglect & Exploitation of Incapacitated or Vulnerable Adults; Violation; Classification

46-455

Permitting life or health of an incapacitated or vulnerable adult to endangered by neglect; violation; classification; civil remedy

46-456

Duty to an incapacitated or vulnerable adult; financial exploitation; civil & criminal penalties; exceptions; definitions

46-457

Elder Abuse Central Registry; Mandatory Reporting; Release of information

46-458

Hearing process; definitions (Please see note below)

46-459

Adult protective services registry (Please see note below)

41-1959

Confidential Information; Permissible Disclosure; Rules; Violation; Classification

14-5310.01

APS Workers; Special Visitation Warrants

13-3623

Child or Vulnerable Adult Abuse; Definitions; Classification

*Note...

2006 STATUTORY PROVISIONS:
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 ten (10) 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.

 

 
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