Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 8 - DEPARTMENT OF ECONOMIC SECURITY - AGING AND ADULT ADMINISTRATION › Article 2 - ADULT PROTECTIVE SERVICES › Section R6-8-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
									46-451,
				  the following definitions apply in this article unless the context requires
				  otherwise.
1. "Adult" means a person 18 years of age or older.
2. "Adult Protective Services" or "APS" means a program
				  within the Department of Economic Security which provides protective
				  services.
3. "Conservator" means a person who has been appointed by a
				  court to manage the affairs of another, as prescribed in A.R.S. §
									14-5401
				  et seq.
4. "Danger to self" means:
a. Behavior which, as a result of a mental disorder,
				  constitutes a danger of inflicting serious physical harm upon oneself,
				  including attempted suicide or the serious threat thereof, if the threat is
				  such that, when considered in the light of its context and in light of the
				  individual's previous acts, it is substantially supportive of an expectation
				  that the threat will be carried out; {or}
b. Behavior which, as a result of a mental disorder, will,
				  without hospitalization, result in serious physical harm or serious illness to
				  the person, except that this definition shall not include behavior which
				  establishes only the condition of gravely disabled. A.R.S. §
									36-501(5).
5. "Department" means the Department of Economic
				  Security.
6. "gravely disabled" means "a condition, evidenced by
				  behavior in which a person, as a result of a mental disorder, is likely to come
				  to serious physical harm, or serious illness because he is unable to provide
				  for his basic physical needs." A.R.S. §
									36-501.
7. "Guardian" means a person who has been appointed by a
				  court to manage the affairs of another, as prescribed in A.R.S. §
									14-5301
				  et seq.
8. "Information and referral" means the provision of
				  information or referral to help a person who contacts or is reported to the
				  Department, but is not alleged to be abused, neglected, or exploited, to locate
				  and obtain help with a problem.
9. "Intake" means a duty performed by APS staff in receiving
				  reports or providing information and referral.
10. "Jurisdiction" means the state of Arizona, exclusive of
				  Native American Reservation land.
11. "Life-threatening situation" means a situation or
				  circumstance that is likely to result in death if not corrected by medical or
				  law enforcement intervention.
12. "Mental disorder" means "a substantial disorder of a
				  person's emotional processes, thought, cognition, or memory. Mental disorder is
				  distinguished from:
a. Conditions which are primarily those of drug abuse,
				  alcoholism, or mental retardation, unless, in addition to 1 or more of these
				  conditions, the person has a mental disorder;
b. The declining mental abilities that directly accompany
				  impending death; and
c. Character and personality disorders characterized by
				  lifelong and deeply ingrained anti-social behavior patterns, including sexual
				  behaviors which are abnormal and prohibited by statute unless the behavior
				  results from a mental disorder". A.R.S. §
									36-501.
13. "Personally identifiable information" means any
				  information that can indicate a person's identity including:
a. Name;
b. Address;
c. Telephone number;
d. Fax number;
e. Photograph;
f. Fingerprints;
g. Physical description;
h. Place, address, or telephone number of employment;
i. Social security number;
j. Tribal affiliation;
k. Tribal identification number;
l. Driver's license number;
m. Birthdate;
n. Medical information, history, and diagnosis; or
o. Any other information that would reasonably lead to the
				  identification of a person.
14. "Prepetition screening" means the "review of each
				  application requesting court-ordered evaluation, including an investigation of
				  facts alleged in such application, an interview with each applicant and an
				  interview, if possible, with the proposed patient. The purpose of the interview
				  with the proposed patient is to assess the problem, explain the application,
				  and, when indicated, attempt to persuade the proposed patient to receive, on a
				  voluntary basis, evaluation or other services". A.R.S. §
									36-501(30).
15. "Protected person" means "a minor or any other person for
				  whom a conservator has been appointed or any other protective order has been
				  made". A.R.S. §
									14-5101(4).
16. "Protective services" means "a program of identifiable
				  and specialized social services that may offer social services appropriate to
				  resolve problems of abuse, exploitation or neglect of an incapacitated or
				  vulnerable adult". A.R.S. §
									46-451(A)(8).
17. "Record" means a collection of documents, including
				  electronic documents, related to casework about a person reported to APS, or
				  receiving APS services.
18. "Report" means a communication which alleges abuse,
				  neglect, or exploitation of an incapacitated or vulnerable adult, or
				  information regarding an adult who may be in need of protective
				  services.
19. "Special visitation warrant" means an order of the
				  Superior court that is issued as prescribed in A.R.S. §
									14-5310.01
				  and which permits an APS worker, accompanied by a peace officer, to visit the
				  residence of an adult believed to be incapacitated and abused, neglected, or
				  exploited.
20. "Business day" means 8:00 a.m. to 5:00 p.m., Monday
				  through Friday, excluding Arizona state holidays.