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A.R.S. 13-3620
A.R.S. 13-3623A AND B
A.R.S. 13-105(10) B
A.R.S. 13-105 (10) C
A.R.S. 13-105
A.R.S. 46-454

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How to report?

Where can a report be made?

You can report online or by phone Monday - Friday 7:00 a.m. to 7:00 p.m. and Saturdays, Sundays and state holidays 10:00 a.m. to 6:00 p.m.

Voice:
(877) SOS-ADULT
(877) 767-2385

TDD:
(877) 815-8390

The APS online reporting form is available 24-hours a day, seven days a week.

https://hssazapsprod.wellsky.com/assessments/?WebIntake=1F74FCDA-C6AB-4192-9CEE-F8D20DE98850

When making a report, the reporter will be asked the following questions:

Provide any personal identifying information

How is the adult vulnerable? (What physical or mental impairment prevents the adult from protecting themselves?)

Description and date of when the suspected abuse, neglect (including self-neglect) or exploitation happened

Witnesses to the suspected abuse

The alleged perpetrator and any identifying or location information

Significant others and/or caregivers

Any safety concerns for an APS investigator when visiting the home (i.e. aggressive animals, weapons, diseases, etc.)

***For mandatory reporters, reports must be made immediately by telephone or online***

Reference:
https://des.az.gov/services/basic-needs/adult-protective-services/report-adult-abuse

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How does the law define elder abuse?

Under Arizona Revised Statutes 13-3623A AND B, people are guilty of elder abuse if they do any of the following:

1. cause a vulnerable adult to suffer physical injury,

2. allow a vulnerable adult to be injured, or

3. allow a vulnerable adult to be placed in a situation that endangers the person’s health or well-being (can include financial)

To secure a conviction under this law, a prosecutor has to show that the defendant committed elder abuse and he/she did so either:

intentionally or knowingly,

recklessly, or

with criminal negligence

A.R.S. 13-105(10)(b) “knowingly” means that a person is aware or believes that their conduct is of a nature or that a particular circumstance exists

State ex Rel. Thomas v. Duncan, 216 Ariz. 260 (2007). See also ARS 13-105(10)(c) “recklessly” means that a person commits an act although aware of, and in grossly conscious disregard to, a substantial and unjustifiable risk of harm to some person

ARS 13-105 “criminal negligence” is a when a person acts while failing to perceive that the act may result in a substantial and unjustifiable risk of harm

Reference:
https://www.shouselaw.com/az/defense/laws/elder-abuse/

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Who Must Report?

A.R.S. 46-454

Medical personnel including a physician, physician assistant, registered nurse practitioner, licensed practical or registered nurse, certified nursing assistant, emergency medical technician, home health provider, hospital intern or resident, surgeon, dentist, psychiatrist, psychologist, pharmacist, speech, physical or occupational therapist, long-term care provider, social worker, peace officer, medical examiner, guardian, conservator, fire protection personnel, developmental disabilities provider, employee of the Department of Economic Security or other person who has responsibility for the care of a vulnerable adult.

Financial personnel including 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.

Reference:
https://des.az.gov/services/basic-needs/adult-protective-services/mandated-reporters

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How to Report?

Where can a report be made?

DCS Statewide Toll-Free Child Abuse Hotline at 1-888-767-2445

Or any law enforcement office

When reporting, the following information if known will be requested:

name, age, and gender of child and other family members

address, phone numbers, and/or directions to child's home

parents' place of employment

description of suspected abuse or neglect

current condition of the child

The Department of Child Services provides mandated reporters a secure website for mandated reporters of child abuse and neglect to report non-emergency concerns, as authorized by ARS 13-3620. Non-emergency concerns are those in which a child is not at immediate risk of abuse or neglect that could result in serious harm. This website is only for mandated reporters to report situations that do not require an emergency response.

The website for mandatory reporters to report is linked below:

https://guardian.dynamics365portals.us/

Each mandated reporter creates an account in the Guardian portal.

Each time the mandated reporter logs in, the Reporting Party section will auto-populate with the Mandated Reporter's information.

FOR EMERGENCY SITUATIONS: Mandatory Reporters must report immediately without any delay by telephone or electronically as soon as the person acquires reasonable belief that a child has been abused

Emergency Reports can be reported to the following:

DCS Statewide Toll-Free Child Abuse Hotline at 1-888-767-2445

Or any law enforcement office

A.R.S. § 13-3620 • “…shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only.

Reference:

https://dcs.az.gov/report-child-abuse

https://dcs.az.gov/sites/default/files/documents/files/Mandated_Reporter_Overview_Presentation_2020.pdf

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How does the law define child abuse?

Under Arizona Revised Statutes 13-3623A AND B, people are guilty of child abuse if they do any of the following:

1. cause a child to suffer physical injury,

2. allow a child to be injured, or

3. allow a child to be placed in a situation that endangers the child’s health or well-being.

To secure a conviction under this law, a prosecutor has to show that the defendant committed child abuse and he/she did so either:

intentionally or knowingly,

recklessly, or

with criminal negligence.

A.R.S. 13-105(10)(b) “knowingly” means that a person is aware or believes that their conduct is of a nature or that a particular circumstance exists

State ex Rel. Thomas v. Duncan, 216 Ariz. 260 (2007). See also ARS 13-105(10)(c) “recklessly” means that a person commits an act although aware of, and in grossly conscious disregard to, a substantial and unjustifiable risk of harm to some person

ARS 13-105 “criminal negligence” is a when a person acts while failing to perceive that the act may result in a substantial and unjustifiable risk of harm

Reference:
https://www.shouselaw.com/az/defense/laws/child-abuse/#:~:text=ARS%20%C2%A7%2013-3623%20is%20the%20Arizona%20statute%20that,situation%20that%20endangers%20the%20child%E2%80%99s%20health%20or%20well-being.

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A.R.S. 13-3620
1. Any physician, physician's assistant, optometrist, dentist, osteopathic physician, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.

2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner.

3. The parent, stepparent or guardian of the minor.

4. School personnel, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment.

5. Any other person who has responsibility for the care or treatment of the minor.

6. Any person who is employed as the immediate or next higher level supervisor to or administrator of a person who is listed in paragraph 1, 2, 4 or 5 of this subsection and who develops the reasonable belief in the course of the supervisor's or administrator's employment, except that if the supervisor or administrator reasonably believes that the report has been made by a person who is required to report pursuant to paragraph 1, 2, 4 or 5 of this subsection, the supervisor or administrator is not required to report pursuant to this paragraph.

Reference:
https://www.azleg.gov/ars/13/03620.htm