14-5310.01. Adult protective services workers; special visitation warrants

A. Adult protective services workers of the department of economic security charged with responsibilities involving protection of incapacitated and abused, exploited or neglected adults may present themselves before the court to apply for and obtain special visitation warrants. The court shall limit such visitations to the residence of the adult believed to be incapacitated and abused, exploited or neglected. Nothing in this act shall be construed to mean that an adult is abused or neglected or in need of protective services for the sole reason that he relies on treatment from a recognized religious method of healing in lieu of medical treatment.

B. Upon showing by the affidavit of the protective services worker that consent to entry for visitation to an adult believed to be incapacitated and abused, exploited or neglected has been refused a special visitation warrant may be issued by the court for the visitation of the residence of the adult.

C. The warrant shall be in substantially the following form:

 

County of _______________, state of Arizona, to any peace officer accompanied by an adult protective services worker in the state of Arizona, proof, by affidavit attached hereto and made a part hereof for all purposes, having been this day made before me (by person or persons where affidavit has been taken) that there may exist a reasonable governmental interest to determine if _______________, an adult, may be incapacitated and abused, exploited or neglected. You are therefore commanded in the daytime to visit the residence of _______________, an adult, located at _______________, in the county of __________________, state of Arizona, and to visit ____________________ for the purpose of making a determination if the adult is in need of protective services and what services, if any, are needed.

 

 

Given under my hand and dated this ______________ day of _________, 19__.

 

      (signature)

 

      __________________________________

      Judge of the superior court

(The endorsement on the warrant shall be:)

Received by us this __________ day of ______________, 19__, at the hour of _____________ a.m./p.m.

A peace officer

 

Adult protective services worker

 

Department of economic security

 

(Return of the warrant shall be:)

We hereby certify that by virtue of the within warrant we visited _______________, and visited his/her residence located at ______________, on the _________ day of _______, 19__, at the hour of ______ a.m./p.m. and found the following:

Dated this __________ day of ___________________________, 19__.       ______________________________________ A peace officer ______________________________________    Adult protective services worker

D. All warrants issued are returnable to the issuing judge within seventy-two hours of issuance and shall thereafter be filed in the probate division of the office of the clerk of the superior court.