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    A.R.S. § 46-459

    The Arizona Adult Protective Services Registry

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    A.R.S. § 46-459 establishes the broader APS registry, which tracks reports and dispositions of vulnerable adult abuse, neglect, and exploitation. The registry is a working tool for APS, distinct from the central elder abuse registry used for caregiver screening.

    Title 46, ADULT PROTECTIVE SERVICES

    azleg.gov

    Scope note: RJP Estate Planning is not a law firm; legal services are provided by the licensed Arizona attorneys we partner with. RJP helps Arizona families with living trusts, wills, powers of attorney, and probate avoidance. Elder abuse, neglect, and exploitation matters — including Adult Protective Services cases — are outside the scope of RJP’s services, and this page explains Arizona law for educational purposes only. If you suspect elder abuse, contact Arizona Adult Protective Services through the Arizona Department of Economic Security, or an attorney who focuses on elder law.

    What This Statute Says

    A.R.S. § 46-459 establishes the broader APS registry, which tracks reports and dispositions of vulnerable adult abuse, neglect, and exploitation. The registry is a working tool for APS, distinct from the central elder abuse registry used for caregiver screening.

    2. An intermediate care facility for individuals with intellectual disabilities as defined in section 36-551.

    A.R.S. § 46-459

    The APS registry is the case-management system that tracks every report, every investigation, and every disposition. It supports APS workers in identifying patterns, repeat reports on the same caregiver, repeat allegations on the same vulnerable adult, and in coordinating with law enforcement when warranted.

    The data in this registry is more sensitive than the elder abuse central registry created in § 46-457. Access is tightly limited.

    When This Statute Comes Into Play

    This statute typically becomes relevant in three situations. A family is responding to a current crisis involving a vulnerable adult. An attorney is building safeguards into a long-term estate plan. Or a civil or criminal case is being evaluated after harm has already occurred. The statute is part of a larger framework in chapter 4 of title 46, and it usually operates alongside the related sections cross-linked below.

    What This Means for Arizona Families

    Arizona's vulnerable adult protection laws can feel distant until they suddenly become very personal. A parent's bank calls about suspicious activity. A neighbor wonders about an aging family member. A care facility raises a concern. When that moment arrives, the rules in chapter 4 of title 46 are the framework you are working inside.

    If you are worried about an older relative or a family member with a disability, you usually have several tools available. A private conversation with the bank using the trusted-contact rules. A call to Adult Protective Services. A referral to the long-term care ombudsman. Or a petition for guardianship or conservatorship in superior court. Each tool fits a different fact pattern. Our FAQ on how guardianship and conservatorship proceedings work in Arizona covers the court track in detail, and our FAQ on whether it is safe to add a child to a parent's bank account covers the everyday financial step that often comes up first.

    If you are building an estate plan that anticipates your own future incapacity, the back-end protections in chapter 4 are part of why a well-drafted durable power of attorney and a healthcare directive matter. A trusted agent with clear authority is the front line. The statutes are the safety net behind them.

    46-459. Adult protective services registry A. The department of economic security shall maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults made pursuant to section 46-458.  The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports. B. The registry shall contain the name and date of birth of the person determined to have abused, neglected or exploited a vulnerable adult, the nature of the allegation made and the date and description of the disposition of the allegation.  The names of the vulnerable adult and reporting source shall not be reported to the registry. C. The department shall maintain a report in the registry for twenty-five years after the date of entry. D. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsection C of this section. E. Any person who was the subject of an adult protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection D of this section.  On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person. F. Information maintained pursuant to subsection B of this section shall be made available to the public on written request and online.  The department may charge a fee for processing written requests. G. The department shall conduct an adult protective services registry background check for any person who is employed or seeking employment in a position that provides direct services to children or vulnerable adults in any of the following: 1. A community residential setting as defined in section 36-551. 2. An intermediate care facility for individuals with intellectual disabilities as defined in section 36-551. 3. Home and community based services pursuant to title 36, chapter 29, article 2. 4. Day care for persons who have developmental disabilities pursuant to title 36, chapter 29, article 2. H. The department may conduct an adult protective services registry background check for any person who is employed or seeking employment with the department or one of the department's contractors in a position that provides direct services to children or vulnerable adults. I. The department shall use the information contained in the adult protective services registry to determine the following: 1. Whether the person is qualified for home and community based services certification for services provided to vulnerable adults or children. 2. Whether the person who is employed or seeking employment with the department of economic security is qualified for a position that provides direct services to vulnerable adults or children. 3. Qualifications for positions that provide direct services to vulnerable adults or children for any of the following: (a) A person who applies for a contract with the department and that person's employees. (b) All employees of a contractor. (c) A subcontractor of a contractor and the subcontractor's employees. (d) Prospective employees of a contractor or subcontractor at the request of the prospective employer. J. Before being employed in a position that provides direct services to vulnerable adults or children, prospective employees shall certify under penalty of perjury on a form prescribed by the department whether an allegation of vulnerable adult abuse, neglect or exploitation has been made against the person and was substantiated.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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