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Adult Protective Services Central Registry

Presented by:

Mario Gonzalez

Overview

· · · · · · APS Mission Hearing Process Rights of Alleged Perpetrator APS Registry APS Substantiation Registry Impact

APS Mission

· The Mission of Adult Protective Services is "to assess reported incidents of abuse, neglect, or exploitation of incapacitated or vulnerable adults, and to offer available and appropriate services to assist in accordance with individual needs and acceptance".

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APS Terms and Definitions

· Incapacitated

­ Impairment by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication or other cause to the extent that the person lacks sufficient understanding or capacity to make or communicate informed decisions concerning his/her person

· Vulnerable

­ An individual who is 18 years of age or older who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment

APS Terms and Definitions

· Abuse ­ Intentional infliction of physical harm: There needs to be evidence of physical injury ­ Injury caused by acts or omissions ­ Unreasonable confinement ­ Sexual abuse or sexual assault ­ Emotional abuse A.R.S. 13-3623(F)(3)

· Neglect

­ Pattern of conduct without the person's informed consent resulting in deprivation of: · Food · Water · Medical services · Shelter · Cooling/heating · Other services necessary to maintain minimum physical or mental health

APS Terms and Definitions

­ Neglect

· Self Neglect: ­ An adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self care tasks, including: o Obtaining essential food, clothing, shelter, or medical care o Obtaining goods and services necessary to maintain physical health, mental health, or general safety o Managing one's own financial affairs

­ Exploitation

· The illegal or improper use of an incapacitated or vulnerable adult or his resources for another's profit or advantage.

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APS Powers and Duties

· Powers and Duties

­ Receive reports of abuse, neglect and exploitation of incapacitated or vulnerable adults ­ Make evaluation of need for protective services ­ Offer appropriate services ­ File for guardianship/conservatorship ­ Ability to obtain medical & financial records upon written request ­ Ability to obtain psychiatric records, subject to redaction ­ Petition for special visitation warrant

Hearing Process

· The department notifies the alleged perpetrator that it intends to enter a substantiated finding of abuse, neglect or exploitation in the registry and of his/her rights. · Notification is by first class mail not more than 15 calendar days after the completion of the APS investigation. · A request for a hearing on the proposed finding must be received by the department within fifteen calendar days of the notice date. · If the department determines that the accused person did not engage in the alleged conduct by a preponderance of the evidence, the department will amend the information or finding in the report and notifies the person, and a hearing will not be held.

Rights of the Alleged Perpetrator

· To receive a copy of the report containing the allegation and findings. · To a hearing before entry into the registry pursuant to section 46459. · To provide written or verbal information that supports the position that the department should not substantiate the allegation.

A person has a right to a hearing unless either:

· The person is a party in a civil, criminal or administrative proceeding in which the allegations of abuse, neglect or exploitation are at issue. · A court or administrative law judge has made findings as to the alleged abuse, neglect or exploitation.

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Rights of the Alleged Perpetrator

· Upon completion of the presentation of evidence, the administrative law judge determines whether the department's finding that the accused engaged in the alleged conduct is supported by a preponderance of the evidence. If the administrative law judge determines there is insufficient evidence to sustain the department's burden of proof, the administrative law judge orders the department to amend the information or finding in the report.

Registry Background

· 46-459. Adult Protective Services registry Effective 7/1/07 · The Department of Economic Security l maintains a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults made pursuant to section 46-458 of the Adult Protective Services Statutes. · B. The registry contains 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 are not entered in the registry. · C. The department maintains a report in the registry for ten years after the date of entry. · D. The department annually purges reports and investigative outcomes received pursuant to the time frames prescribed in under C above.. · 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 as described under D above.

Preparing APS Staff

· Coordinating Statewide ­ Training with experts · Revamped APS investigator position description questionnaire (new hire criteria) ­ Allowed for law enforcement background · Created & hired financial fraud investigator position · Created & hired training officer position

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APS Substantiation

· 2006 Data · 2009 Data ­ Reports received: 8827 includes ­ Reports received: 9,592 includes 88% investigation. 100% investigation. · Alleged Abuse: 1558 · Alleged Abuse: 2203 ­ Substantiated: 231- 15% ­ Substantiated: 127- 6% · Alleged Neglect: 5961 · Alleged Neglect: 7802 ­ Substantiated: 2103 -35% ­ Substantiated: 1117- 14% · Alleged Exploitation: 1439 · Alleged Exploitation: 2282 ­ Substantiated: 338- 24% ­ Substantiated: 88- 4%

Lessons learned

· APS Operations Manager:

­ ­ ­ ­ ­ Cases remain open for longer periods of time Case increase substation ratio decreased increased worker turnoff increased liability to department

­ increase number of family members entered in registry vs. entry of professionals.

Summary

· · · · · · APS Mission Hearing Process Rights of Alleged Perpetrator APS Registry APS Substantiation Registry Impact

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Information

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