Ariz. Admin. Code § 6-8-201

Current through Register Vol. 30, No. 50, December 13, 2024
Section R6-8-201 - Definitions

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.

Ariz. Admin. Code § R6-8-201

R6-8-201 recodified from A.A.C. R6-5-5601 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-201 repealed, new Section R6-8-201 adopted effective August 21, 1996 (Supp. 96-3). Amended by final rulemaking at 18 A.A.R. 2716, effective December 2, 2012 (Supp. 12-4).