HB2558 - 472R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 46-457, Arizona Revised Statutes, is amended to read:

START_STATUTE46-457. 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.

Sec. 2. Title 46, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 46-458 and 46-459, to read:

START_STATUTE46-458. Hearing process; definitions

A. After completing its investigation, the department shall notify a person who is alleged to have abused, NEGLECTED OR EXPLOITED a vulnerable adult that the department intends to ENTER A SUBSTANTIATED FINDING OF ABUSE, NEGLECT OR EXPLOITATION IN THE REGISTRY and of that person's right:

1. To receive a copy of the report containing the allegation AND FINDINGS.

2. To a hearing BEFORE ENTRY INTO THE REGISTRY PURSUANT TO SECTION 46‑459.

B. The department shall send the notice prescribed in subsection A of this section by first class mail no more than FIFTEEN CALENDAR days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within fifteen calendar days of the notice date.

D. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that the accused person did not engage in the alleged conduct BY A PREPONDERANCE OF THE EVIDENCE, the department shall amend the information or finding in the report and shall notify the person, and a hearing shall not be held.

E. Notwithstanding section 41-1061, subsection b, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection D of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless either:

1. The person is a party in a civil, criminal or administrative proceeding in which the allegations of abuse, neglect or exploitation are at issue.

2. A court or hearing officer has made findings as to the alleged abuse, neglect or exploitation.

F. If the department does not amend the information or finding in the report as prescribed in subsection d of this section, the department shall notify the department's office of appeals of the request for a hearing no later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days after the request is made. The department shall redact the identity of the reporting source before transmitting the information to the department's office of appeals.

G. The department'S office of appeals shall hold a hearing pursuant to title 41, chapter 6, article 6, with the following exceptions:

1. A vulnerable adult who is the victim of or a witness to abuse, neglect or exploitation is not required to testify at the hearing.

2. The identity of the reporting source of the abuse, neglect or exploitation shall not be disclosed without the permission of the reporting source.

3. The reporting source is not required to testify.

4. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

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.

H. On completion of the presentation of evidence, the hearing officer shall determine whether the department's finding that the accused engaged in the alleged conduct is supported by a preponderance of the evidence. If the hearing officer determines there is insufficient evidence to sustain the department's burden of proof, the hearing officer shall order the department to amend the information or finding in the report.

I. Notwithstanding section 41-1959, the department shall notify the person who is the subject of the investigation and the person who reported the allegations of abuse, neglect or exploitation of the outcome of the investigation at one of the following times:

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.

2. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.

3. After a final administrative decision has been made.

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.

n. For the purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.

2. "Amend the information" means to change information identifying the accused of having abused, neglected or exploited a VULNERABLE adult.

3. "Final decision" means a decision for which the time to appeal has expired or from which no further appeal is available.

START_STATUTE46-459. 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.