46-452. Protective services workers; powers and duties; immunity; communications; access to records

306 words·~1 min read·/az/title-46/46-452

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Each protective services worker shall:

1. Receive reports of abused, exploited or neglected vulnerable adults.

2. Receive from any source oral or written information regarding an adult who may be in need of protective services.

3. On receipt of such information make an evaluation to determine if the adult is in need of protective services and what services, if any, are needed.

4. Offer an adult in need of protective services or the adult's guardian whatever services appear appropriate in view of the evaluation.

5. File petitions as necessary for the appointment of a guardian or conservator or the appointment of a temporary guardian or temporary conservator or make application for a special visitation warrant as provided for in title 14, chapter 5.

6. File for an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809 as a third party on behalf of the vulnerable adult to prevent an alleged perpetrator from having access to the vulnerable adult.

B. The department or a protective services worker employed by the department may not be appointed as guardian, conservator or temporary guardian.

C. An adult protective services worker is immune from civil liability for applying for a special visitation warrant or for filing a petition for guardianship or conservatorship unless the application or filing is done in bad faith.

D. For the purposes of this chapter, communications concerning a person who is incarcerated in any jail, prison, detention center or correctional facility or concerning a patient in the Arizona state hospital are not reports that require evaluation by a protective services worker.

E. The department or a protective services worker, in performing official duties, may access law enforcement records related to an adult protective services case. A law enforcement entity shall furnish relevant records to adult protective services on request.