House Bill 2397

House Bill 2397 - Emotional Abuse of Vulnerable Adults

This bill, known as House Bill 2397, is an amendment to an existing law in the state of Arizona, specifically section 46-451 of the Arizona Revised Statutes. It relates to vulnerable adults and aims to address the issue of emotional abuse.

The bill begins by providing definitions for various terms related to this topic. It defines abuse as intentional physical harm, injury caused by negligence, unreasonable confinement, sexual abuse or assault, and emotional abuse. Emotional abuse itself is defined as a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks, verbally harassing, or threatening to harm them emotionally or physically.

The bill also establishes the adult protective services central intake unit, which is responsible for receiving reports of alleged abuse, neglect, or exploitation of vulnerable adults.

In addition, the bill defines terms like "de facto conservator" and "de facto guardian," referring to individuals who take possession of the estate or person of a vulnerable adult without legal authority. It states that these individuals have the same responsibilities as legally appointed conservators or guardians.

The bill further provides definitions for terms like exploitation, health professional, informed consent, neglect, protective services, protective services worker, and vulnerable adult. It clarifies that a vulnerable adult is someone who is 18 years or older and unable to protect themselves from abuse, neglect, or exploitation due to a physical or mental impairment.

The bill emphasizes that protective services programs should aim to help vulnerable adults remain in their familiar environment by either strengthening their ability to care for themselves or providing supportive services.

It also highlights that relying on treatment from a recognized religious method of healing instead of medical treatment does not automatically constitute abuse, neglect, or the need for protective services.

Finally, the bill includes provisions regarding the transfer of assets for the purpose of obtaining or maintaining eligibility for certain benefits, specifying that such transfers do not qualify as exploitation in certain instances.

This bill was approved by the Governor on July 6, 2022, and filed in the office of the Secretary of State on the same date.

Welfare - Title 46