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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
emotional abuse; vulnerable adults
Purpose
Adds emotional abuse to the definition of abuse as it relates to Adult Protective Services (APS). Defines emotional abuse.
Background
APS is a program within the Department of
Economic Security (DES) that works in partnership with law enforcement, courts
and community-based service providers to assist in facilitating services and
supports that help protect vulnerable adults from abuse, neglect or
exploitation and help them live as independently as possible (DES).
Vulnerable adults are individuals who are at least 18 years old and who
are unable to protect oneself from abuse, neglect or exploitation by others
because of a physical or mental impairment. Current statute defines abuse
as: 1) intentional infliction of physical harm; 2) injury caused by negligent
acts or omissions;
3) unreasonable confinement; and 4) sexual abuse or sexual assault (A.R.S.
§ 46-451).
A person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation of the adult has occurred must immediately report to a peace officer or the APS Central Intake Unit by telephone or online. A person who fails to make a report is guilty of a class 1 misdemeanor (A.R.S. § 46-454).
In 2019, the Speaker of the House of Representatives established the House Ad Hoc Committee on Abuse and Neglect of Vulnerable Adults (Committee) to review and identify best practices for reporting and investigation processes that ensure the safety of vulnerable adults. On December 17, 2019, the Committee adopted 11 recommendations, one of which was to create a statutory definition for emotional abuse (Committee Final Report).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds emotional abuse to the definition of abuse as it relates to APS.
2. Defines emotion abuse as a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult that causes emotional damage that is evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and that is diagnosed by a medical doctor or psychologist.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
HHS 2/13/20 DP 8-0-0-1
3rd Read 2/26/20 58-1-1
Prepared by Senate Research
March 16, 2020
CRS/AB/kja