HB2558 - 472R - House Bill Summary

House of Representatives

HB 2558

adult protective services; investigations; hearings

Sponsors: Representative Anderson, Representative Barnes, Representative Chase, Representative Pearce et al

DPA	Committee on Human Services
X	Caucus and COW
	As Engrossed and As Passed the House

HB 2558 establishes a process to allow persons accused of abuse or neglect of vulnerable adults to appeal the actions of the Department of Economic Security (DES).

History

Currently, A.R.S. §41-1092.02 specifies which state agency actions are subject to appeal. HB 2558 would add an appeals process for persons accused of abuse or neglect of vulnerable adults. The process includes notification of the rights of the accused and a copy of the report containing the allegation. There are also procedures stipulated requiring DES to provide an opportunity for the accused to provide information that supports a dismissal of the allegation. Finally, if the case has not been resolved, evidence would be presented to an administrative law judge to determine if probable cause exists to sustain DES’s findings.

Provisions

· Requires DES to notify persons alleged to have abused or neglected a vulnerable adult that DES intends to substantiate the allegation, and that the accused has a right to receive a copy of the report of the allegation, as well as the right to a hearing before an administrative law judge.

· Requires DES to send notice of the investigation and the rights of the accused to the accused person within two weeks of the conclusion of the investigation.

· Stipulates that a request for a hearing must be made within two weeks of receipt of the notice of the investigation.

· Specifies that if a hearing is requested, DES shall conduct a review before the hearing including providing an opportunity for the accused person to submit information in support of dismissal of the case.

· Indicates that if DES finds no probable cause that the accused person committed any offense, DES shall specify that in the report, notify the accused person, and not hold a hearing.

· Requires DES to conduct a hearing if the investigation report has not been amended upon the initial review within sixty days of the request for a hearing.

· Exempts DES from the requirement to hold a hearing if the accused person is a party in a civil, criminal, or administrative proceeding in which the allegations of abuse or neglect are at issue or if a court or administrative law judge has made findings as to the alleged abuse or neglect.

· Requires DES to notify the Office of Administrative Hearings of a request for a hearing if the investigation report has not been amended upon the initial review within five days of the completion of the review.

· Requires DES to forward all relevant information to the Office of Administrative Hearings within ten days, and redact the identity of the reporting source before transmitting the information.

· Stipulates that the Office of Administrative Hearings shall conduct the hearing according to the Uniform Administrative Hearing Procedures specified in statute with the following exceptions.

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

· A vulnerable adult’s hearsay statement is admissible if circumstances indicate it is reliable.

· The identity of the reporting source shall not be disclosed without the permission of the source.

· The reporting source is not required to testify.

· A written statement of the reporting source is admissible if circumstances indicate it is reliable.

· Indicates that the administrative law judge shall determine if probable cause exists to sustain DES’s findings that the accused is guilty, and if probably cause is not found, the judge must order DES to specify that in the report.

· Requires DES to provide copies of the report to the accused person, as well as the reporting source, if any of the following apply.

· If the report is unsubstantiated.

· If probable cause exists that indicates abuse has taken place, but no specific person has been found to be guilty of that abuse.

· After the time to request a hearing has lapsed without a request for a hearing being made.

· After a final decision has been made in the hearing by the administrative law judge.

· Defines relevant terms.

· Makes technical and conforming changes.

Amendment

Human Services:

· Clarifies that DES shall notify the accused upon completion of its investigation.

· Adds exploited, to abused and neglected, as a violation that can be investigated through this process on behalf of a vulnerable adult.

· Clarifies that the accused may receive a hearing before the report’s findings are entered in the registry.

· Indicates that DES shall provide the accused with the requisite notification within fifteen calendar days.

· Requires a request for a hearing to be received by DES within fifteen calendar days of the notification date.

· Changes the burden of proof for DES to determine from “probable cause” to a “preponderance of the evidence.”

· Changes the venue for the hearing from the Office of Administrative Hearings to the DES Office of Appeals.

· Eliminates the exception to allow the admission of a vulnerable adult’s hearsay statement as testimony at the hearing.

· Stipulates that if the accused fails to appear for the hearing, a substantiated finding shall be entered in the registry, or it may be rescheduled within fifteen calendar days if good cause is shown.

· Clarifies that DES’s findings shall be reported to the accused and the reporting source upon the conclusion of the investigation if the report is unsubstantiated.

· Specifies that all substantiated allegations shall be reported to the Adult Protective Service’s registry within thirty days of the decision being rendered.

· Requires persons receiving information regarding these proceedings to maintain its confidentiality.

· Delays the effective date to July 1, 2007.

· Exempts DES from the rule making process to implement this program.