Bill Text: AZ HB2021 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: Adult protective services; information online
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-04-01 - Chapter 183 [HB2021 Detail]
Download: Arizona-2015-HB2021-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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CHAPTER 183
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HOUSE BILL 2021 |
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AN ACT
Amending sections 46‑452 and 46‑459, Arizona Revised Statutes; relating to adult protective services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 46-452, Arizona Revised Statutes, is amended to read:
46-452. Protective services worker; powers and duties; immunity; communications
A. A protective services worker shall:
1. Receive reports of abused, exploited or neglected vulnerable adults.
2. Receive from any source oral or written information regarding an adult who may be in need of protective services.
3. Upon On receipt of such information make an evaluation to determine if the adult is in need of protective services and what services, if any, are needed.
4. Offer an adult in need of protective services or his guardian whatever services appear appropriate in view of the evaluation.
5. File petitions as necessary for the appointment of a guardian or conservator or the appointment of a temporary guardian or temporary conservator or make application for a special visitation warrant as provided for in title 14, chapter 5.
B. The department or a protective services worker employed by the department may not be appointed as guardian, conservator or temporary guardian.
C. An adult protective services worker is immune from civil liability for applying for a special visitation warrant or for filing a petition for guardianship or conservatorship unless the application or filing is done in bad faith.
D. For the purposes of this chapter, communications concerning a person who is incarcerated in any jail, prison, detention center or correctional facility or concerning a patient in the Arizona state hospital are not reports that require evaluation by a protective services worker.
Sec. 2. Section 46-459, Arizona Revised Statutes, is amended to read:
46-459. Adult protective services registry
A. The department of economic security shall maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults made pursuant to section 46-458. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.
B. The registry shall contain the name and date of birth of the person determined to have abused, neglected or exploited a vulnerable adult, the nature of the allegation made and the date and description of the disposition of the allegation. The names of the vulnerable adult and reporting source shall not be reported to the registry.
C. The department shall maintain a report in the registry for ten twenty-five years after the date of entry.
D. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsection C of this section.
E. Any person who was the subject of an adult protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection D of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.
F. Information maintained pursuant to subsection B of this section shall be made available to the public on written request and online. The department may charge a fee for processing these written requests.
APPROVED BY THE GOVERNOR APRIL 1, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 2015.
