Adult Protective Services Central Registry Presented by: Mario Gonzalez

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Adult Protective Services Central
RegistryPresented by Mario Gonzalez
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Overview

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

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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

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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 persons informed
  consent resulting in deprivation of
• Food
• Water
• Medical services
• Shelter
• Cooling/heating
• Other services necessary to maintain minimum
  physical or mental health

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APS Terms and Definitions

• Neglect
• Self Neglect
• An adults inability, due to physical or mental
  impairment or diminished capacity, to perform
  essential self care tasks, including
• Obtaining essential food, clothing, shelter, or
  medical care
• Obtaining goods and services necessary to
  maintain physical health, mental health, or
  general safety
• Managing ones own financial affairs
• Exploitation
• The illegal or improper use of an incapacitated
  or vulnerable adult or his resources for
  anothers 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

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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.

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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 46-459.
• 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.

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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.

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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
• Reports received 8827 includes 88
  investigation.
• Alleged Abuse 1558
• Substantiated 231- 15
• Alleged Neglect 5961
• Substantiated 2103 -35
• Alleged Exploitation 1439
• Substantiated 338- 24

• 2009 Data
• Reports received 9,592 includes 100
  investigation.
• Alleged Abuse 2203
• Substantiated 127- 6
• Alleged Neglect 7802
• Substantiated 1117- 14
• Alleged Exploitation 2282
• Substantiated 88- 4

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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.

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Summary

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

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Thank You!