Court Finds for Estate of Developmentally Disabled Adult
Jacob Braden, an adult with developmental disabilities, tragically died in 2005 as a result of injuries he sustained while living at Arizona Integrated Residential and Educational Services, Inc. (AIRES) facility. Jacob’s estate (Estate) sued the State of Arizona in Braden v Arizona and alleged the State was negligent in its supervision of AIRES and civilly liable under provisions defined in Arizona law Adult Protective Services Act (APSA) (A.R.S. § 46-455). Chapter 4 of Arizona Revised Statutes Title 46 are often referred to as the “Exploitation of a Vulnerable Adult” provisions.
Recently, the Arizona Court of Appeals held that the State of Arizona can be held liable for the abuse and neglect of developmentally disabled adults in private care agencies if the State contracted with the private care agency to provide services.
In the Braden case, the Estate claimed that the State of Arizona “provided care” by managing, planning, directing, and supervising Mr. Braden’s daily care.
The Court of Appeals rejected the State’s argument that a caregiver relationship must be present in order to give rise to liability and explained that the remedial nature of APSA obligated the Court to construe the legislation broadly. APSA was passed to protect incapacitated/vulnerable adults and to increase remedies available to them. Because the State determined what level of supervision Mr. Braden needed, ensured that AIRES followed these requirements, and monitored whether he was receiving that care, the Court of Appeals held that the State did “provide care.”
The Court also rejected the State’s interpretation of the oversight responsibilities defined in Title 36, finding that the State could avoid liability and consequences for failing to meet statutory obligations to protect the vulnerable and provide oversight by passing the buck to private vendors as the sole care providers. The Court found that such a result would conflict with APSA’s purpose of increasing the remedies available to vulnerable adults.
In sum, the Arizona Court of Appeals held in favor of Jacob Braden’s Estate and found that the State of Arizona may be civilly liable for the negligence of its contracted private agencies because the State “provides care” and “assumes a legal duty to provide care” under APSA. The case was remanded for further proceedings consistent with the appellate opinion.
For any further information regarding Arizona estate and probate litigation, please contact Nirenstein Garnice Soderquist at www.arizona-probate-law.com
