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
DPA	Caucus and COW
X	As Transmitted to the Governor

HB 2558 establishes a process to allow persons accused of abuse, neglect, or exploitation 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, neglect, or exploitation of vulnerable adults. The process includes notification regarding the rights of the accused. 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 a preponderance of evidence exists to sustain DES’s findings.

Provisions

· Exempts DES from notifying the Attorney General’s Office of substantiated allegations of abuse for the purpose of entering information in the Elder Abuse Central Registry if the same information is added to the Adult Protective Services (APS) Registry.

· Includes the APS hearing process in the appealable agency actions statute.

· Removes confidentiality of perpetrators whose allegations have been substantiated

· Requires DES, after completing its investigation, to notify persons alleged to have abused, neglected, or exploited 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 information is entered in the APS Registry.

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

· Stipulates that a request for a hearing must be made within fifteen days of the notice date.

· 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.

· Requires DES to notify the reporting source, the vulnerable adult, and the vulnerable adult’s representative of record if a hearing is requested and allow them to respond to information provided by the accused person.

· Indicates that if DES finds by a preponderance of the evidence that the accused person committed no 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, neglect, or exploitation 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 of the request for a hearing, 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, neglect, or exploitation is not required to testify at the hearing.

· 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.

· 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.

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

· Requires DES to notify the accused person, as well as the reporting source, of the outcome of the investigation at one of the following times.

· At the conclusion of the investigation if the report is unsubstantiated or a perpetrator has not been identified.

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

· After a final administrative decision has been made.

· Specifies that all substantiated allegations shall be reported to the APS 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.

· Creates the APS Registry to maintain a registry of substantiated reports of abuse, neglect, and exploitation of vulnerable adults.

· Restricts DES from classifying duplicate reports regarding the same incident as new reports.

· Requires the APS Registry to include information about the perpetrator and the allegation, and exclude information about the victim and reporting source of the abuse.

· Stipulates the report will be maintained for ten years.

· Specifies DES shall purge the APS Registry annually.

· Allows for any person subject to an APS investigation to request confirmation that their information has been purged as required, and requires DES to provide it in writing.

· Requires information in the APS Registry to be made public upon request, and allows DES to charge a fee for processing such requests.

· Defines relevant terms.

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· Forty-seventh Legislature