Adult Protective Services Act
Enacted by the Arizona state legislature in 1988, the Adult Protective Services Act (APSA) protects vulnerable adults from physical and emotional abuse and financial exploitation. This bill covers both the elderly in nursing homes and developmentally and physically disabled adults who live in residential group homes. If you have a loved one who lives in a group home, it is good to be familiar with the APSA in order to identify possible abuse in the group home.
Under the APSA, abusive or negligent group home staffers and administrators are subject to both civil penalties and criminal sanctions. The APSA definition of abuse includes unreasonable confinement, sexual abuse, or any intentional or negligent act that causes physical harm or injury. It also considers a failure to act that leads to physical harm or injury to be abuse as well.
If you believe that your loved one’s group home may be in violation of the provisions of the Arizona Adult Protective Services Act, it is advised that you consult with an Arizona group home abuse attorney in order to review your case and decide on the best course of action.
Signs of Abuse
Group home abuse can take many different forms, so you should always be on the lookout for signs of abuse when visiting your loved one. Some of these signs include:
- Unexplained bruises, bumps, cuts, and other injuries
- Unexplained weight loss or change in skin color possibly caused by malnutrition
- Lethargy
- Confusion
- Changes in behavior
- Crying for no reason
- Showing fear of staff members or other residents
- Bedsores
- Ulcers
Signs of Neglect
Abuse is often thought of as intentional behavior that causes physical harm, such as striking a resident or intentionally depriving them of food as punishment. While this is most certainly abuse, the APSA also defines neglect as abuse. Neglect often occurs when group homes try to cut costs by understaffing or improperly training their staff. Therefore, neglect is often not only the fault of individual staff members, but of the group home administration itself, which creates an environment in which neglect can occur. Neglect can include depriving a resident of food, water, medication, medical services, proper shelter, heating, cooling, and other services necessary to maintain physical or mental health.
Civil Action Under the APSA
When it was passed into law in 1988, the APSA greatly expanded both the civil and criminal penalties associated with group home abuse. In civil suits pursuing to the APSA, the court can award both remedial damages for medical costs and pain and suffering incurred, and punitive damages intended to prevent group homes from engaging in abusive and negligent actions in the future.
The APSA also allows suits against not only individuals, but also against the “enterprise,” including the facility where the abuse occurred. As mentioned above, group homes are often responsible for the abusive or negligent behavior of their staff members. They create an atmosphere of abuse and neglect, through understaffing, inadequate training, or failure to properly supervise staff members. Under the APSA, they may be held liable for creating these conditions.
Contact an Arizona Group Home Abuse Lawyer
If you have a loved one who resides in a group home in Phoenix, Tempe, Scottsdale or elsewhere in Maricopa County, and you believe they may be in violation of the Adult Protective Services Act, the group home administration may be guilty of negligence. It is best to consult with an Arizona group home abuse lawyer to discuss your case. For more information, please visit http://www.grouphomeabuselawyer.com/
