ANDERSON FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2558
I move the following SUBSTITUTE amendment to the HUMAN SERVICES Committee Amendment to
HOUSE BILL 2558 (Reference to printed bill)
Page 1, strike lines 2 through 44
Page 2, strike lines 1 through 12, insert:
"Section 1. Section 46-457, Arizona Revised Statutes, is amended to read:
46-457. Elder abuse central registry; mandatory reporting; release of information
A. A person who files an action under this article shall serve notice and one copy of the pleading with the attorney general within thirty days after the action is filed in the superior court. The notice shall identify the action, the person against whom the civil complaint has been filed and the that person's attorney. The person who files an action is responsible for submitting a report on the final disposition of the case within thirty days after the final action is taken.
B. Except as otherwise provided in this subsection, a state agency that renders an administrative decision that substantiates the allegation of abuse or that files a civil action that alleges abuse, neglect or financial exploitation pursuant to this article or title 36 shall serve notice and one copy of the administrative decision or pleading with the attorney general within thirty days after the administrative decision is rendered or within thirty days after the action is filed in the superior court. The agency is responsible for submitting a report on the final disposition of the case within thirty days after the final action is taken. The department of economic security shall not provide the notice prescribed in this subsection for information maintained in the adult protective services registry pursuant to section 46-459.
C. If the victim of the offense is an incapacitated or vulnerable adult, a person who files a criminal complaint or indictment involving a violation of this article or section 13-1102, 13-1103, 13-1104, 13-1105, 13‑1201, 13-1203, 13-1204, 13-1303, 13-1304, 13-1403, 13-1404, 13-1406, 13‑1802, 13-1807, 13-2002, 13-2310 or 13-3623 shall submit a copy of the criminal complaint or indictment to the attorney general within thirty days after arraignment. Within thirty days of the date of issuance of the minute entry the court shall endorse to the attorney general a copy of the sentencing minute entry or the minute entry reflecting the case has been dismissed or a judgment of acquittal has been entered. The attorney general shall develop guidelines to implement this subsection.
D. The attorney general shall maintain a registry containing the names of persons pursuant to subsection A, B or C of this section with the date the action was filed with the superior court or the date the administrative decision was rendered, the dates of the conduct set forth in the complaint, the indictment or decision, the general nature of the complaint, indictment or decision and the disposition of the complaint, indictment or decision, if known.
E. The information maintained pursuant to subsection D of this section is available to the public on written request to the custodian of the registry.
F. A person may submit a written statement on that person's own behalf to the custodian of the registry. The statement is part of the records for distribution in response to all inquiries concerning that person.
G. A person or agency that distributes information in the registry in good faith is not subject to civil or criminal liability."
Page 2, line 14, strike "section" insert "sections"; after "46-458" insert "and 46‑459"
Line 16, after "A." insert "after completing its investigation,"
Page 2, line 17, strike "or neglected" insert ", neglected or exploited"; strike "substantiate"
Line 18, strike "the allegation" insert "enter a substantiated finding of abuse, neglect or exploitation in the registry"
Line 19, after "allegation" insert "and findings"
Line 20, after "hearing" insert "before entry into the registry pursuant to section 46‑459"
Line 22, strike "fourteen" insert "fifteen calendar"
Line 25, after "within" strike remainder of line insert "fifteen calendar days of the notice date."
Line 30, strike "that"
Line 31, strike "there is no probable cause"; strike "engaged" insert "did not engage"
Line 32, after "conduct" insert "by a preponderance of the evidence"
Line 34, strike "41‑1092.03" insert "41‑1061, subsection B"
Line 38, after "unless" insert "either"
Line 40, strike "or neglect" insert ", neglect or exploitation"
Line 41, strike "administrative law judge" insert "hearing officer"
Line 42, after "abuse" strike remainder of line insert ", neglect or exploitation."
Line 45, strike "office of administrative hearings" insert "department's office of appeals"
Page 3, line 3, after "days" insert "after the request is made"
Lines 4 and 5, strike "office of administrative hearings" insert "department's office of appeals"
Line 6, strike "office of administrative hearings" insert "department's office of appeals"
Line 7, strike "10" insert "6"
Lines 8 and 9, strike "or neglect" insert ", neglect or exploitation"
Strike lines 10, 11 and 12
Renumber to conform
Line 13, strike "or neglect" insert ", neglect or exploitation"
Page 3, between lines 18 and 19, insert:
"5. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse, neglect or exploitation shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear."
Line 19, strike "administrative"
Line 20, strike "law judge" insert "hearing officer"; strike "if probable cause exists to sustain" insert "whether"
Line 21, after "conduct" insert "is supported by a preponderance of the evidence"
Line 22, strike "administrative law judge" insert "hearing officer"; strike "that probable cause does not exist" insert "there is insufficient evidence"
Line 23, strike "finding" insert "burden of proof"; strike "administrative law judge" insert "hearing officer"
Line 25, strike "The department shall provide" insert "notwithstanding section 41‑1959, the department shall notify"
Lines 26 and 27, strike "suspected abuse or neglect with a copy" insert "allegations of abuse, neglect or exploitation"
Strike lines 28 through 31, insert:
"1. At the conclusion of the investigation if the report is unsubstantiated or if, by a preponderance of the evidence, there is reason to believe the allegation did occur but no perpetrator has been identified."
Renumber to conform
Lines 35 and 36, strike "pursuant to section 41‑1092.08"
Between lines 36 and 37, insert:
"J. All final decisions substantiating an allegation of abuse, neglect or exploitation shall be reported to the adult protective services registry, pursuant to section 46‑459, within thirty days after the decision is rendered.
K. Any person receiving information pursuant to this section shall maintain its confidentiality as provided by section 41‑1959, subsection A.
L. This section applies only to those allegations of abuse, neglect or exploitation received by the department on or after July 1, 2007.
M. The department is exempt from the rule making requirements of title 41, chapter 6 for the purposes of implementing this section."
Reletter to conform
Page 3, line 41, strike "or neglected" insert ", neglected or exploited"
After line 41, insert:
"3. "Final decision" means a decision for which the time to appeal has expired or from which no further appeal is available.
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 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. The department may charge a fee for processing these requests."
Amend title to conform
Mark Anderson |