Arizona Attorney General

Mark Brnovich

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Resources for Professionals

Mandatory Reporting Requirements of Abuse, Neglect and Exploitation

   A.R.S. § 46-454(A) provides that “A physician, registered nurse practitioner, hospital intern or resident, surgeon, dentist, psychologist, social worker, peace officer or other person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse or neglect of the adult has occurred or that exploitation of the adult's property has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to a protective services worker. The guardian or conservator of a vulnerable adult shall immediately report or cause reports to be made of such reasonable basis to the superior court. All of the above reports shall be made immediately in person or by telephone and shall be followed by a written report mailed or delivered within forty-eight hours or on the next working day if the forty-eight hours expire on a weekend or holiday.”

   A.R.S. § 46-454(B) provides that “An attorney, accountant, trustee, guardian, conservator or other person who has responsibility for preparing the tax records of a vulnerable adult or a person who has responsibility for any other action concerning the use or preservation of the vulnerable adult's property and who, in the course of fulfilling that responsibility, discovers a reasonable basis to believe that exploitation of the adult's property has occurred or that abuse or neglect of the adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer, to a protective services worker or to the public fiduciary of the county in which the vulnerable adult resides. If the public fiduciary is unable to investigate the contents of a report, the public fiduciary shall immediately forward the report to a protective services worker. If a public fiduciary investigates a report and determines that the matter is outside the scope of action of a public fiduciary, then the report shall be immediately forwarded to a protective services worker. All of the above reports shall be made immediately in person or by telephone and shall be followed by a written report mailed or delivered within forty-eight hours or on the next working day if the forty-eight hours expire on a weekend or holiday.”

   A.R.S. § 46-454(C) provides that reports made pursuant to subsections A and B must include:

1. The names and addresses of the adult and any persons having control or custody of the adult, if known.

2. The adult's age and the nature and extent of the adult's vulnerability.

3. The nature and extent of the adult's injuries or physical neglect or of the exploitation of the adult's property.

4. Any other information that the person reporting believes might be helpful in establishing the cause of the adult's injuries or physical neglect or of the exploitation of the adult's property.  

A.R.S. § 46-454(K) makes any violation of the statute a class 1 misdemeanor.

Relevant Arizona Law

A.R.S. Definitions of Abuse, Neglect and Exploitation

Guide Sheets for Personnel of Long Term Care Facilities
The Elder Justice Act, as part of the Patient Protection and Affordable Care Act of 2010, requires staff, owners and contractors of federally funded long term care facilities to report "reasonable suspicion of a crime" to the Department of Health Services and at least one law enforcement agency.

Understand what "reasonable suspicion" is and the State criminal codes that can potentially be violated in a long term care facility:

Reasonable Suspicion 1A
Reasonable Suspicion 1B
Reasonable Suspicion 1C
Reasonable Suspicion IIA

AZ Courts Training Modules on Elder Guardianship and Conservatorship