Title 36 — Public Health and Safety

In this chapter, unless the context otherwise requires: 1. "Adaptive behavior" means the effectiveness or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group. 2. "Adult developmental home"…

A. A person with a developmental disability in this state shall not be denied as the result of the developmental disability the rights, benefits, and privileges guaranteed by the constitution and laws of the United States and the constitution and laws of this state. The rights of…

A. The department shall function as the developmental disabilities authority for the state of Arizona. B. No provisions of this chapter shall be construed to give the department control of lawful activities of other governmental agencies or of activities of the universities or co…

A. The developmental disabilities advisory council is established consisting of the following members: 1. One parent or guardian of a child who is under eighteen years of age and who has a developmental disability. 2. One parent or guardian of a child who is eighteen years of age…

A. The director shall: 1. Be responsible for developing and annually revising a statewide plan and initiating statewide programs and services for persons with developmental disabilities in locations where the programs and services are necessary, which shall include: (a) Child ser…

A. The department may conduct jointly, directly or indirectly, with a school district the placement evaluation of a person with a developmental disability who has applied for or is receiving developmental disability programs or services from the department and who is either enrol…

The department of economic security shall coordinate with the department of health services in: 1. The development of specialized programs for persons with developmental disabilities at the state hospital. 2. Planning and providing residential care services and related child, adu…

A. The department may use state and federal monies that are appropriated or otherwise available to it for this purpose to assist in establishing and maintaining local developmental disability services by public or private nonprofit or profit agencies. The monies may be expended a…

A. In addition to the Arizona training program facilities at Randolph and Tucson, the director shall establish and maintain a state owned and operated service center in Phoenix and other developmental disabilities programs and services at other locations throughout the state, sub…

A. The department shall operate directly or support and supervise child developmental homes and foster homes licensed pursuant to title 8, chapter 4, article 4 to provide specialized foster care to persons with developmental disabilities. Such homes shall be operated for persons …

The state operated service center shall provide temporary residential care and space for child and adult services. Residential care includes respite services, crisis intervention and diagnostic evaluation.

A. Except as provided in subsection B of this section, a person with a developmental disability is eligible to apply for developmental disabilities programs, services and facilities operated by, licensed and supervised by or supported by the department if such person: 1. Is a bon…

A. Persons shall be admitted to developmental disabilities programs or services operated by or supported by the department only pursuant to the procedures prescribed in this chapter. An application for admission shall be submitted on forms provided by the department in accordance…

A. No psychosurgery, insulin shock or electroshock treatment or experimental drugs shall be administered by the department to any client, nor shall the department license, approve or support any program or service which uses such treatment or drugs. B. The department shall adopt …

A. Money for the support of a person with a developmental disability in a residential program operated or supported by the department, except for children placed in special foster homes as described in section 36-558.01, pursuant to sections 8-242, 8-514.01 and 8-845, shall be pa…

A. This section governs the review and appeal procedure for decisions relating to the admission, evaluation, assignment to programs and services, care and treatment, discharge from a program or service provided through the department and contributions for residential programs or …

A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to title 14, chapter 5, articles 1, 2, 3 and 6. B. The department shall request the appointment of a guardian for minor clients receiving services under the provisions of this chapter…

A. Evaluations of the client's placement shall be made at six-month intervals after a client with a developmental disability has been enrolled in a developmental disabilities program or services operated by or supported by the department. The department, upon such evaluation, sha…

A. Upon written request from the responsible person for termination of the client from a developmental disabilities program or service operated directly or indirectly by the department, or when it has been determined at an evaluation that the client has the necessary independent …

A. The division shall require qualifications for persons who provide music therapy services through a contract to persons with developmental disabilities. At a minimum these qualifications shall require current certification by a national certification board for music therapists.…

A. A service provider that operates a group home, a nursing-supported group home or an intermediate care facility for persons with intellectual disabilities may install, oversee and monitor electronic monitoring devices in common areas, including hallways, of the group home, nurs…

A. All information obtained and records prepared in the course of providing any services under this chapter to clients shall be confidential and privileged matter. Such information and records may be disclosed only as authorized by state or federal law, including the health insur…

1. Medical records. 2. Behavioral health records. 3. Information relating to the person's condition and treatment. 4. The person's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information. B. Notwithstanding subsection A, a c…

A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited. For the purposes of this section: 1. "Abusive treatment" means: (a) Physical abuse by inflicting pain or injury to a client. This includes hitting, kicking, pinching, slapping, pu…

A. Beginning on or before November 1, 2016, the department shall submit an annual update for review by the joint legislative budget committee on the department's plans for the Arizona training program and associated group homes. The update shall include a potential timetable for …

A. The developmental disabilities fund is established consisting of appropriations and other monies for use for developmental disabilities. The department shall receive and disburse monies in the fund upon claims signed by the director or other person in the department designated…

A. A client with a developmental disability services trust fund is established. B. The fund consists of donations and the proceeds of the sale or lease of the real property and buildings and improvements on the real property used by the department of economic security for the Ari…

On or before January 1 each year, the department of economic security shall provide an annual report to the chairpersons of the health and human services committees of the senate and the house of representatives, or their successor committees, the directors of the Arizona health …

A. Subject to legislative appropriation, in addition to any existing autism services, the department may provide children's autism services through the division of developmental disabilities to serve children who have, or who are at risk of having, autism by entering into a contr…

A. The division may contract for art therapy services, directly or through a contractor, only with an art therapist who holds an active national board certification in art therapy from the art therapy credentials board or who is a master's level graduate in art therapy under the …

In this article, unless the context otherwise requires: 1. "Developmental disability" means autism, cerebral palsy, epilepsy or a cognitive disability. 2. "Residential facility" means a community residential setting in which persons with developmental disabilities live and that i…

A. Unrelated persons living together notwithstanding, a residential facility which serves six or fewer persons shall be considered a residential use of property for the purposes of all local zoning ordinances if such facility provides care on a twenty-four hour per day basis. The…

A. Group homes and behavioral-supported group homes, except for those described in subsection D of this section, shall be licensed for health and safety by the department of health services pursuant to section 36-132. B. The division shall notify the department of health services…

B. The director shall adopt any rules necessary regarding behavioral-supported group homes that include at least the following: 1. Ensuring that each client's behavioral treatment plan is developed, integrated, coordinated and monitored by a clinical professional who, at a minimu…

A. An adult developmental home or child developmental home shall be licensed pursuant to this article. B. An applicant for an adult developmental home or child developmental home license shall submit an application on a form prescribed by the department. C. Before issuing or rene…

A. The department may issue a provisional license to a licensee who is seeking renewal of a regular license and who is temporarily unable to conform to standards of care established by the department if the deficiencies can be remedied within three months. B. A provisional licens…

A. The department may certify as a child developmental certified home a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 to care for specific foster children with developmental disabilities. B. A regular foster home that is applying to be…

1. An applicant or licensee violates this chapter, rules adopted pursuant to this chapter, federal or state statutes or city or county ordinances or codes. 2. An applicant or licensee refuses to cooperate in obtaining or providing information the department deems necessary to det…

A. The following persons shall be fingerprinted pursuant to section 41-1758.07: 1. A person who is paid or who volunteers to work in a facility or program that is licensed by or that has entered into a contract with the division of developmental disabilities to provide services t…

An applicant, licensee or adult household member of an adult developmental home or child developmental home shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07. The person shall certify on forms that are provided by the department whether the perso…

A. The department of economic security shall perform programmatic and contractual monitoring of the services it provides or for which it contracts. B. The department shall promulgate rules that provide for deemed status. The department shall grant deemed status to a service provi…

A group home, nursing-supported group home, adult developmental home or child developmental home shall allow the following to inspect the facility at reasonable times: 1. Parents and guardians of facility residents. 2. Members of the developmental disabilities advisory council. 3…

The department shall receive reports of complaints about services provided by the department and may refer those reports to licensing, contracting or program authorities, or law enforcement.

(Rpld. 1/1/28) A. The developmental disabilities group home monitoring program is established in the department. Subject to available appropriations, the department shall contract with the entity that has been designated by this state to operate the protection and advocacy system…

A. The department of economic security shall establish a benefit recovery program for state funded services to persons who receive services pursuant to this chapter which are covered in whole or in part by a first party health insurance medical benefit. The department shall coord…

A. The department is entitled to a lien for the charges for hospital or medical care and treatment paid by the department on behalf of an injured person with a developmental disability on any and all claims of liability or indemnity for damages accruing to the person with a devel…

In this article, unless the context otherwise requires: 1. "Assistant director" means the assistant director of the division of developmental disabilities. 2. "Community supports" means community based programs designed to promote independence, productivity and integration for in…

A. The division shall administer a family support program subject to funding appropriated by the legislature or otherwise available for this purpose. The division shall adopt rules to implement this article. B. The division's annual budget request shall include a specific request…

A. The division and all districts and local agencies that operate family support programs or administer programs authorized under the social security act shall assist families in obtaining and ensuring families use all available sources of monies before using family support subsi…

A. The division may provide family support vouchers for services provided pursuant to chapter 29, article 2 of this title if those services are provided by certified providers, are included in the individual program plan and are approved for title XIX funding. The division by rul…