A.R.S. tit. 36 ch. 5.1 — Arizona Revised Statutes Title 36 Chapter 5.1 — Developmental Disabilities

36-551. Definitions 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" means a residential setting in a family home in which the care, physical custody and supervision of the adult client are the responsibility, under a twenty-four-hour care model, of the licensee who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three adults with developmental disabilities: (a) Room and board. (b) Habilitation. (c) Appropriate personal care. (d) Appropriate supervision. 3. "Adult household member": (a) Means a person who is at least eighteen years of age and who resides in an adult developmental home, child developmental home or other home and community based service setting for at least thirty days or who resides in the household throughout the year for more than a cumulative total of thirty days. (b) Does not include a person who is receiving developmental disabilities services from the department. 4. "Advisory council" means the developmental disabilities advisory council. 5. "Arizona training program facility" means a state-operated institution for clients of the department with developmental disabilities. 6. "Attributable to cognitive disability, epilepsy, cerebral palsy or autism" means that there is a causal relationship between the presence of an impairing condition and the developmental disability. 7. "Autism" means a condition characterized by severe disorders in communication and behavior resulting in limited ability to communicate, understand, learn and participate in social relationships. 8. "Behavioral-supported group home" means a community residential setting that meets all of the following: (a) Is for not more than six persons with developmental disabilities. (b) Is operated by a service provider under contract with the department. (c) Provides room and board, daily habilitation, assistance in self-administering medication and medication administration and behavioral health services for clients with dual disorders, including psychiatric disorders and developmental disabilities, who engage in behaviors that are disruptive, socially inappropriate or harmful or dangerous to self or others, that interfere with functioning and quality of life or that may cause destruction of property. 9. "Case management" means coordinating the assistance needed by persons with developmental disabilities and their families in order to ensure that persons with developmental disabilities attain their maximum potential for independence, productivity and integration into the community. 10. "Case manager" means a person who coordinates the implementation of the individual program plan of goals, objectives and appropriate services for persons with developmental disabilities. 11. "Cerebral palsy" means a permanently disabling condition resulting from damage to the developing brain that may occur before, after or during birth and that results in loss or impairment of control over voluntary muscles. 12. "Child developmental certified home" means a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 and that is certified by the department pursuant to section 36-593.01. 13. "Child developmental home" means a residential setting in a family home in which the care and supervision of the child are the responsibility, under a twenty-four-hour care model, of the licensee who serves as the developmental home provider of the child in the home setting and who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three children with developmental disabilities: (a) Room and board. (b) Habilitation. (c) Appropriate personal care. (d) Appropriate supervision. 14. "Client" means a person receiving developmental disabilities services from the department. 15. "Cognitive disability" means a condition that involves subaverage general intellectual functioning, that exists concurrently with deficits in adaptive behavior manifested before the age of eighteen and that is sometimes referred to as intellectual disability. 16. "Community residential setting": (a) Means a residential setting in which persons with developmental disabilities live and are provided with appropriate supervision by the service provider responsible for operating the residential setting. (b) Includes a child developmental home or an adult developmental home operated or contracted by the department or the department's contracted vendor, a group home operated or contracted by the department or a behavioral-supported group home or nursing-supported group home contracted by the department. 17. "Consent" means voluntary informed consent. Consent is voluntary if not given as the result of coercion or undue influence. Consent is informed if the person giving the consent has been informed of and comprehends the nature, purpose, consequences, risks and benefits of the alternatives to the procedure, and has been informed and comprehends that withholding or withdrawing consent will not prejudice the future provision of care and services to the client. In cases of unusual or hazardous treatment procedures performed pursuant to section 36-561, subsection A, experimental research, organ transplantation and nontherapeutic surgery, consent is informed if, in addition to the foregoing, the person giving the consent has been informed of and comprehends the method to be used in the proposed procedure. 18. "Daily habilitation" means habilitation as defined in this section, except that the method of payment is for one unit per residential day. 19. "Department" means the department of economic security. 20. "Developmental disability" means either a strongly demonstrated potential that a child who is under six years of age has a developmental disability or will develop a developmental disability, as determined by a test performed pursuant to section 36-694 or by other appropriate tests, or a severe, chronic disability that: (a) Is attributable to a cognitive disability, cerebral palsy, epilepsy, Down syndrome or autism. (b) Is manifested before the age of eighteen. (c) Is likely to continue indefinitely. (d) Results in substantial functional limitations in three or more of the following areas of major life activity: (i) Self-care. (ii) Receptive and expressive language. (iii) Learning. (iv) Mobility. (v) Self-direction. (vi) Capacity for independent living. (vii) Economic self-sufficiency. (e) Reflects the need for a combination and sequence of individually planned or coordinated special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration. 21. "Director" means the director of the department of economic security. 22. "Division" means the division of developmental disabilities in the department of economic security. 23. "Down syndrome" means a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21, affecting a person's cognitive and physical abilities and causing developmental issues. 24. "Epilepsy" means a neurological condition characterized by abnormal electrical-chemical discharge in the brain. This discharge is manifested in various forms of physical activities called seizures. 25. "Group home": (a) Means a community residential setting for not more than six persons with developmental disabilities that is operated by a service provider under contract with the department and that provides room and board and daily habilitation and other assessed medically necessary services and supports to meet the needs of each person. (b) Does not include an adult developmental home, a child developmental home, a behavioral-supported group home, a nursing-supported group home or an intermediate care facility for individuals with intellectual disabilities. 26. "Guardian" means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312. Guardian does not include a guardian pursuant to section 14-5312.01. 27. "Habilitation" means the process by which a person is assisted to acquire and maintain those life skills that enable the person to cope more effectively with personal and environmental demands and to raise the level of the person's physical, mental and social efficiency. 28. "Indigent" means a person with a developmental disability whose estate or parent is unable to bear the full cost of maintaining or providing services for that person in a developmental disabilities program. 29. "Individual program plan" means a written statement of services to be provided to a person with developmental disabilities, including habilitation goals and objectives, that is developed following initial placement evaluation and revised after periodic evaluations. 30. "Intermediate care facility for individuals with intellectual disabilities" means a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board or supervisory care services or personal care services as defined in section 36-401. 31. "Large group setting" means a setting that in addition to residential care provides support services such as therapy, recreation and transportation to seven or more persons with developmental disabilities who require intensive supervision. 32. "Least restrictive alternative" means an available program or facility that fosters independent living, that is the least confining for the client's condition and that provides service and treatment in the least intrusive manner reasonably and humanely appropriate to the individual's needs. 33. "Likely to continue indefinitely" means that the developmental disability has a reasonable likelihood of continuing for a protracted period of time or for life. 34. "Manifested before the age of eighteen" means that the disability must be apparent and have a substantially limiting effect on a person's functioning before the age of eighteen. 35. "Nursing-supported group home" has the same meaning prescribed in section 36-401. 36. "Physician" means a person who is licensed to practice pursuant to title 32, chapter 13 or 17. 37. "Placement evaluation" means an interview and evaluation of a person with a developmental disability and a review of the person's prior medical and program histories to determine the appropriate developmental disability programs and services for the person and recommendations for specific program placements for the person. 38. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1. 39. "Respite services" means services that provide a short-term or long-term interval of rest or relief to the care provider of a person with a developmental disability. 40. "Responsible person" means the parent or guardian of a minor with a developmental disability, the guardian of an adult with a developmental disability or an adult with a developmental disability who is a client or an applicant for whom no guardian has been appointed. 41. "Service provider" means a person or agency that provides services to clients pursuant to a contract, service agreement or qualified vendor agreement with the division. 42. "State operated service center" means a state owned or leased facility that is operated by the department and that provides temporary residential care and space for child and adult services that include respite care, crisis intervention and diagnostic evaluation. 43. "Subaverage general intellectual functioning" means measured intelligence on standardized psychometric instruments of two or more standard deviations below the mean for the tests used. 44. "Substantial functional limitation" means a limitation so severe that extraordinary assistance from other people, programs, services or mechanical devices is required to assist the person in performing appropriate major life activities. 45. "Supervision" means the process by which the activities of an individual with developmental disabilities are directed, influenced or monitored. 36-551.01. Persons with developmental disabilities; rights guaranteed 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 persons with developmental disabilities which are specifically enumerated in this chapter are in addition to all other rights enjoyed by such persons. The listing of rights is not exclusive or intended to limit in any way rights which are guaranteed to persons with developmental disabilities under state and federal laws. B. Every person with a developmental disability has the right to protection from exploitation and abuse on the basis of a developmental disability. C. Every person with a developmental disability who is provided residential care by the state has the right to live in the least restrictive alternative, as determined after an initial placement evaluation has been conducted for that person. D. Every school-age person with a developmental disability has the right to receive publicly-supported educational services in accordance with the applicable specific education laws of the state. E. An employer, employment agency or labor organization shall not deny a person equal employment opportunity because of developmental disability except under both of the following circumstances: 1. The denial is based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. 2. The person's developmental disability significantly impairs the person's ability to meet the qualifications for the position in question. F. An owner, lessee, sublessee, assignee, or managing agent of or other person having the right to sell, rent or lease any real property or agency or employee of that person shall not refuse to sell, rent or lease to any person or group of persons solely on the basis of developmental disability. G. Any person with a developmental disability requesting to be provided with developmental disability programs or services has the right, prior to receiving programs or services, to receive a placement evaluation to determine the need for developmental disability services and to determine the appropriate services for such person. H. Persons with developmental disabilities have the right to presumption of legal competency in guardianship proceedings. I. Persons with developmental disabilities have the right to fair compensation for labor. J. Each client who has been accepted to receive developmental disability services has the right to receive a written individual program plan. Each plan shall be developed by appropriate department personnel with the participation of the client and the client's parent or guardian, if any, and shall be based on the relevant results of the placement evaluation. K. Every client has the right to periodic review of the individual program plan to measure progress, to modify objectives and programs if necessary and to provide guidance and remediation techniques. L. Each client and each parent or guardian of a minor client or the guardian of an adult client has the right to participate in the client's initial placement evaluation and periodic evaluations and to be informed in writing of the client's progress at reasonable intervals. Whenever possible, the responsible person shall be given the opportunity to decide among several appropriate alternative services available to the client from the service provider. M. The responsible person has the right to withdraw the client from developmental disability programs and services unless the client was assigned to the department by the juvenile court. If a client is assigned pursuant to section 36-559, subsection D, the client shall seek and receive the court's permission before the client may withdraw. N. Clients have the right to be free from mistreatment, neglect and abuse by service providers. O. Each client has the right to be free from unnecessary and excessive medication. Medication shall not be used as punishment, for the convenience of the staff, as a substitute for an individual program plan, or in quantities that interfere with the client's individual program plan. Prescription-only medication for each client shall be authorized only by the prescription of a physician and the administration of such medication shall be directed by a physician. P. On admission for developmental disability services, each client and the client's parent or guardian, if any, shall be given written notice, if possible, and oral notice in their primary language, in a manner which can be easily understood, of the rights included in this chapter, including the right to administrative reviews. If written or oral language is not the primary mode of communication of the client or the client's parent or guardian, notice shall be given to that person in the primary mode of communication, if possible. However, if a client is manifestly unable to comprehend these rights, notice to the parent or guardian of a minor client or to the guardian of an adult client shall be sufficient. Q. Persons with developmental disabilities who are residents in residential programs operated or supported by the department have the right to a humane and clean physical environment, the right to communication and visits and the right to personal property. R. A child with a developmental disability has the right to appropriate services that are consistent with the child's written individual program plan. These services do not require the relinquishment or restriction of parental rights or custody except as prescribed in section 8-533. These services are subject to available appropriations if they are not mandated by federal law. S. Any person with a developmental disability or the parent or guardian of a person with a developmental disability who believes that his rights, as established by this chapter or by the Constitution of the United States or the Constitution of Arizona, have been violated has a right to petition the superior court for redress unless other remedies exist under federal or state laws. 36-552. Developmental disabilities function; expenditure limitation 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 colleges of this state in the field of developmental disabilities, unless by specific contract or agreement therefor. C. Subject to annual legislative appropriation and other available funding, the department shall provide a wide variety of developmental disability programs and services throughout the state in response to the wide range of developmental disability conditions, the capabilities of persons with developmental disabilities and the presence of other disabling conditions for persons with developmental disabilities. D. The department may contract with other state agencies and with private agencies to provide the developmental disabilities program or service. E. The total amount of state monies that may be spent in any fiscal year by the department for developmental disabilities services pursuant to this chapter shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose. 36-553. Developmental disabilities advisory council; membership; duties; reporting requirements 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 or older and who has a developmental disability. 3. One parent of a child who is served through the Arizona early intervention program. 4. One member of the private sector who represents an agency that is certified to provide in-home services to persons with developmental disabilities. 5. Two members of the private sector who are contracted with the division to deliver services to persons with developmental disabilities, one who represents a provider of residential services and one who represents a provider of adult day services including employment services. 6. Two members with a developmental disability who receive services from the division. 7. Two members who each represent a different developmental disability advocacy organization. 8. One member who is from the designated protection and advocacy organization. 9. One member who represents a nonprofit organization providing direct advocacy to families with children with developmental disabilities. 10. The director of the Arizona health care cost containment system administration or the director's designee. This person is a nonvoting member. 11. The assistant director of the division of developmental disabilities. This person is a nonvoting member. 12. One member who is from the developmental disabilities planning council. 13. One member who represents foster parents of children with developmental disabilities. 14. One member from the independent oversight committee on persons with developmental disabilities established by section 41-3801. B. The governor shall appoint all voting members. Voting members and their families shall not be employees of the department of economic security. In making these appointments, the governor shall select at least five members who are clients or guardians, parents or other family members of persons with developmental disabilities. One of these five voting members shall represent a person who is eligible for long-term care services pursuant to chapter 29, article 2 of this title. The governor shall also consider geographic representation in making these appointments. C. Council members who are appointed pursuant to subsection A, paragraphs 1 through 9 and 13 and 14 of this section shall serve staggered three-year terms. Members may not serve more than two full terms. A vacancy occurring on the council shall be filled by the governor appointing another qualified person to serve the remainder of the term. D. The council chairman shall be chosen annually by a majority vote of the council. A majority of voting council members constitutes a quorum. E. The council shall meet in each district at least once a year. The council's annual in-district meetings shall be separate from any other division meeting. F. The division must allow the council up to thirty days to review new policies and major policy changes before the division submits the policies or changes for public comment. The division may submit policies or changes for public comment before thirty days if the council confirms it has had adequate time to review the policies or changes. Division staff shall be available to the council to answer questions and review the proposed changes before the changes are submitted for public comment. G. The council shall review auditor general reports regarding the division and services provided by the department of health services. H. Council members are not eligible to receive compensation, but council members appointed pursuant to subsection A, paragraphs 1 through 9 and 13 and 14 of this section are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2. The department shall provide the same accommodations for all members of the council when travel is necessary for council business. I. The council shall review and make recommendations to the division regarding: 1. Coordinating and integrating services provided by state agencies and providers that have contracted with state agencies to provide developmental disability programs. 2. The health, safety, welfare and legal rights of persons with developmental disabilities. 3. The division's plan for service delivery and improvement. 4. Establishing and reviewing division policies and programs. 5. The cost-effectiveness of division services. 6. Assessing the division's annual needs. 7. Selecting the assistant director of the division. 8. Monitoring the division's annual budget. 9. The sale or lease of the real property and improvements on the real property formerly used by the department of economic security for the Arizona training program in Phoenix. J. At the beginning of each fiscal year, the council shall adopt a master agenda that schedules each item prescribed in subsection I of this section and shall notify the appropriate agencies in order for the agencies to provide and present information to the council. Division staff shall assist the council in preparing the annual report that includes the council's findings and recommendations relating to the information the council received regarding the items prescribed in subsection I of this section. K. The department of administration shall annually educate the council members and division staff on the purpose of the council, council statutes and open meetings laws. L. The council shall oversee and approve expenditures of monies from the client developmental disability services trust fund established by section 36-572 following expenditure guidelines established by the council. M. The council shall provide the public with an opportunity to address the council at regularly publicized meetings. N. The council shall submit an annual report of activities to the director, the governor, the president of the senate and the speaker of the house of representatives by December 31 of each year and shall provide a copy of this report to the secretary of state. O. The department shall make meeting space available to the developmental disabilities advisory council at locations and times convenient to the council and shall provide secretarial and other staff support. P. The division shall post in a prominent and accessible manner on its public website all of the following: 1. Scheduled meetings of the council, including in-district meetings. 2. The council's meeting minutes. 3. The council's annual reports. Q. The department shall delineate in its annual budget request a separate line item for the council. The council shall be delineated as a separate line item in the general appropriations act. 36-554. Powers and duties of director 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 services, which may include infant stimulation, developmental training for pre-school children and special education at Arizona training program facilities for school-age, children with developmental disabilities residing at Arizona training program facilities who do not attend public school. (b) Adult services, in coordination with the vocational rehabilitation services of the department, which may include but not be limited to job training and training and adjustment services, job development and placement, sheltered employment and other nonvocational day activity services for adults. (c) Residential services, including various community residential settings, Arizona training program facilities and state operated service centers which provide varying levels of supervision in accordance with the developmental disability levels of the persons placed at such settings, facilities or centers. The department shall contract with private profit or nonprofit agencies to provide appropriate residential settings for persons with developmental disabilities which provide for regular assistance and supervision of such persons and which provide varied developmental disability programs and services on or near the community residential setting. (d) Resource services, which may include comprehensive evaluation services, information and referral services and outpatient rehabilitation and social development services. The department in providing developmental disability programs and services shall whenever practicable utilize qualified private contractors. In selecting private contractors, the department shall utilize those contractors which can clearly demonstrate an ability to perform such contract in accordance with standards and specifications adopted by the department. 2. Establish standards, provide technical assistance, and supervise all developmental disability programs and services operated by or supported by the department. 3. Coordinate the planning and implementation of developmental disability programs and activities, institutional and community, of all state agencies, provided this shall not be construed as depriving other state agencies of jurisdiction over, or the right to plan for, control, and operate programs that pertain to developmental disability programs but that fall within the primary jurisdiction of such other state agencies. 4. Periodically assess the effectiveness of the quality assurance system as required by 42 Code of Federal Regulations section 434.34 as it pertains to developmental disabilities programs. 5. License community residential settings pursuant to this chapter. 6. Develop rules establishing a procedure for handling complaints about community residential settings. 7. Inform in writing every parent or guardian of a client with a developmental disability residing at or transferring to a community residential setting of the complaint handling procedure. 8. As new community residential settings are developed over a period of time, reduce the clientele at Arizona training program facilities to those persons with developmental disabilities who are required to be in Arizona training program facilities because the community lacks an appropriate community residential setting that meets their individual needs or whose parents or legal guardians want them in an Arizona training program facility. 9. In conjunction with the division, individuals with developmental disabilities and their families, advocates, community members and service providers, develop, enhance and support environments that enable individuals with developmental disabilities to achieve and maintain physical well-being, personal and professional satisfaction, participation as family and community members and safety from abuse and exploitation. 10. Do all other things reasonably necessary and proper to carry out the duties and the provisions of this chapter. 11. Adopt rules regarding procurement procedures similar to those found in title 41, chapter 23. B. Programs and services offered pursuant to subsection A, paragraph 1 of this section shall be provided in cooperation with public and private resources that can best meet the needs of persons with developmental disabilities and that are located in the community and in proximity to the persons being served. C. The director may: 1. Establish nonresidential outpatient programs for placement, evaluation, care, treatment and training of persons with developmental disabilities residing in the community who are not eligible for public school programs, and who do not have access to other state supported programs providing equivalent services. 2. Develop cooperative programs with other state departments and agencies, political subdivisions of the state, and private agencies concerned with and providing services for persons with developmental disabilities. 3. Contract for the purchase of services with other state and local governmental or private agencies. Such agencies are authorized to accept and expend funds received pursuant to such contracts. 4. Stimulate research by public and private agencies, institutions of higher learning, and hospitals in the interest of the prevention of developmental disabilities and improved methods of care and training for persons with developmental disabilities. 5. Apply for, accept, receive, hold in trust or use in accordance with the terms of the grant or agreement any public or private funds or properties, real or personal, granted or transferred to it for any purpose authorized by this chapter. 6. Make and amend rules from time to time as deemed necessary for the proper administration of programs and services for the treatment of persons with developmental disabilities, for the admission of persons with developmental disabilities to the programs and services and to carry out the purposes of this chapter. 36-555. Coordination of programs by department with special education programs 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 enrolled or in the process of being evaluated for enrollment in a special education program or may contract with such school district to provide the evaluation for the school district or to have the school district provide the placement evaluation for the department. With consent of the parent the evaluation information may be shared by and among department of economic security and department of education personnel, or personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415). B. The department shall coordinate its development of an individual program plan for a person with a developmental disability who has applied for or who is receiving developmental disability programs or services provided directly or indirectly by the department with the school district in which the person with a developmental disability is enrolled with the school district's development of an individual education program plan for such person. C. When a child with a developmental disability has received developmental disabilities programs or services provided directly or indirectly by the department, upon request of the responsible person or the school district in which the child is enrolled, the department shall provide follow-up placement evaluation and case management services for the child with a developmental disability for a period of six months after the child has become enrolled in the school district. D. During the one-year period prior to the graduation or other termination of school attendance by a person with a developmental disability, the department shall, upon the request of the responsible person, provide placement evaluation and case management services for such person. Such evaluation shall consider the person's needs for housing, employment training, employment and support services. E. The department of economic security shall coordinate the residential placement of all school-age persons with developmental disabilities in residential housing facilities operated or supported by the department of economic security with the school districts in which such residential facilities will be located and with the department of education in a manner which will make best use of existing programs and facilities and operational capabilities and which will not cause serious overcrowding of school facilities or programs. 36-556. Coordination with department of health services; duties of department 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, adult and resource services for persons with developmental disabilities on their discharge from the state hospital, in accordance with section 36-560. The department of health services shall provide the department of economic security with notice fifteen days before discharge. 36-557. Community developmental disability services; service providers 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 as professional fees for service, in contracts for advancement or reimbursement or in another appropriate manner and may be used for any purpose necessary to provide local developmental disability services. The monies may not be used for departmental salaries, care of persons with developmental disabilities by the department or any other purpose within the department, but may be used for consultation to the department in the interest of local programs. B. A local public or private nonprofit or profit agency providing or intending to provide community developmental disability services and desiring to contract with the department to furnish these services shall submit a program plan and budget to the department on the forms and in the manner required by the department. If the program meets departmental standards and is consistent with the state plan of the department and the individualized service program plan of the client, the department, notwithstanding the provisions of title 41, chapter 23, relating to procurement and including services pursuant to section 36-2943, may contract with that agency for required services on terms the department requires. The contracts shall provide that the provider of services is subject to a continuing program evaluation by the department through progress reports, expenditure reports, program audits or other appropriate evaluation techniques to ensure that the provider of service is in continued compliance with the terms of the contract and the department's community developmental disability service standards and requirements. C. Contracts between the department and a school district or districts are subject to approval by the department of education. D. This article does not make the department or the state responsible for funding programs beyond the limits of legislative appropriation for the programs. This article does not require a service provider to provide unreimbursed services to the department or its clients. E. Contracts to provide community developmental disability services shall require that: 1. The contractor is obligated to operate a program or service in strict accordance with the standards adopted for that program or service by the department. 2. If state funding is provided for a particular program the contractor, to the extent of positions available that are being purchased by the department, shall provide services to a client with a developmental disability who has been evaluated and placed by the department. 3. All contractors must carry liability insurance in amounts approved by the risk management division of the department of administration and file proof of insurance with the risk management division. The director may waive that requirement on a case-by-case basis on a finding that insurance for the program or service is not practicably available at affordable rates and that it is necessary that the program or service be provided by the contractor. 4. All clients enrolled in programs have all the same specified rights as they would have if enrolled in a program operated directly by the state. 5. Except for emergency placement pursuant to section 36-560, subsection N, payment shall not be made based on program services provided to a client if a placement evaluation has not been made, and no individual program has been prepared and when, based on that placement evaluation, no recommendation has been made to enroll the client in the particular program service. F. This article does not require a contracted agency to provide unreimbursed services to the department or a client of the department. G. Contracts to purchase residential care services other than those community residential settings licensed pursuant to this chapter, in addition to other general requirements applicable to purchase of care contractors, shall: 1. Provide for mandatory inspection by the department every two years for facilities other than group homes. 2. Provide for mandatory monitoring by the department for health, safety, contractual and programmatic standards at least every six months, unless the department has granted deemed status to the service provider or the service provider received a score of at least ninety-five percent on the most recent monitoring visit. If the department has granted deemed status or awarded the service provider with a score of at least ninety-five percent on the most recent monitoring visit, the department shall monitor that service provider once each year. On a determination by the department that there is reasonable cause to believe a service provider is not adhering to the department's programmatic or contractual requirements, the department and any duly designated employee or agent of the department may enter on and into the premises at any reasonable time for the purpose of determining the service provider's state of compliance with the department's programmatic or contractual requirements. 3. Provide for mandatory investigation by the department in response to complaints within ten working days, except that in those instances that pose a danger to the client, the department shall conduct the investigation immediately. Health and safety complaints related to group homes shall be referred to the department of health services on receipt. The department of health services shall share all incident reports related to health and safety with the division of developmental disabilities. 4. Except for group homes licensed by the department of health services, specify the health and safety and sanitation codes and other codes or standards applicable to the facility or to the operation of the facility by the contractor other than group homes. 5. Provide for mandatory periodic reports to be filed by the provider contractor with the department with respect to the operation of the facility. 6. Provide that the facility and the books and records of the facility and of the provider are subject to inspection at any time by employees of the department or designees of the department. 7. Provide that parents and guardians of persons with developmental disabilities residing at the facility, members of the developmental disabilities advisory council, and members of other recognized and ongoing advocacy groups for persons with developmental disabilities may inspect the facility at reasonable times. H. Contracts for the purchase of residential care services shall require a community residential setting to be licensed pursuant to this chapter other than group homes, behavioral-supported group homes and nursing-supported group homes that are licensed by the department of health services. I. Contracts for the purchase of day program or employment services, in addition to the other general requirements applicable to the purchase of client services, must provide for mandatory monitoring by the department for health, safety, contractual, programmatic and quality assurance standards at least once every six months, unless the department has granted deemed status to the service provider. If the department has granted deemed status to the service provider, the department shall monitor that service provider once each year. The department and any duly designated employee or agent of the department may enter on or into the service provider's premises at any reasonable time for the purpose of determining the service provider's state of compliance with the department's programmatic, contractual and quality assurance requirements. J. The division shall ensure that all contracted developmental disabilities service providers rendering services pursuant to this chapter are reimbursed in accordance with title XIX of the social security act. K. Contracts for client services issued by the department shall include language outlining the provisions for a grievance and appeal procedure. The director shall provide notice to service providers not less than thirty days before the issuance of an amendment to a qualified vendor agreement. The decision of the director regarding qualified vendor agreement amendments may be appealed pursuant to title 41, chapter 6, article 10. The grievance process applicable to these contracts shall comply with title XIX requirements. L. As a condition of contracts with any developmental disabilities service provider, the director shall require terms that conform with state and federal laws, title XIX statutes and regulations and quality standards. The director shall further require contract terms that ensure performance by the provider of the provisions of each contract executed pursuant to this article. M. The division shall establish a rate structure that ensures an equitable funding basis for private nonprofit or for-profit agencies for services pursuant to subsection B of this section and section 36-2943. In each fiscal year, the division shall review and adjust the rate structure based on section 36-2959. A rate book shall be published and updated by the division to announce the rate structure that shall be incorporated by reference in contracts for client services. N. The division shall disclose to a service provider in the individual program plan, and in all meetings resulting from a response to a vendor call, any historical and behavioral information necessary for the service provider to be able to anticipate the client's future behaviors and needs, including summary information from the program review committee, unusual incident reports reviewed by the independent oversight committee and behavioral treatment plans. The division shall redact the client's identification from this information. O. Service providers are authorized to engage in the following activities in accordance with a client's individual program plan: 1. Administer medications, including assisting with the client's self-administration of medications. 2. Log, store, remove and dispose of medications. 3. Maintain medications and protocols for direct care. 4. Serve as the client's representative payee if requested by the client or the client's guardian and approved by the payer. P. The department may adopt rules establishing procedures for engaging in the activities listed in subsection O of this section. Q. To protect the health and safety of a client, a service provider must notify the division within twenty-four hours if an emergency situation exists in which the service provider is unable to meet the health or safety needs of the client. R. On notification of an emergency situation, the department shall hold an individual program plan meeting within fifteen days after notification to recommend any changes, including whether there is a need for temporary additional staffing to provide appropriate care for a client, and develop a plan within thirty days after notification to resolve the situation. S. Service providers shall develop and implement policies and procedures regarding the communication to responsible persons of a serious incident affecting a client who is living in a community residential setting within twenty-four hours after the serious incident occurs. 36-558. Establishment and maintenance of programs and services; definition 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, subject to the availability of funds for such purpose and the approval of the legislature. B. The director is responsible for the operation of each developmental disabilities program and service, shall coordinate these services and shall permit the transfer of residents between the various programs. C. The department may provide, but not be limited to, the following programs and services in addition to other services prescribed by the director: 1. Child services, which may include: (a) Infant stimulation. (b) Developmental day training and related preschool programs. (c) Special education at department facilities. 2. Adult services, which may include: (a) Job training for specific jobs. (b) Training and personal adjustment tools such as the teaching of work skills. (c) Job development and placement. (d) The provision of sheltered employment opportunities. (e) Adult day activity services. 3. Residential services, which shall include: (a) Arizona training program facilities. (b) State owned and operated service centers. (c) Community residential settings under varying degrees of supervision or a semi-independent living arrangement. (d) Respite care. 4. Resource services, which may include: (a) Diagnoses and evaluations. (b) Therapy services, including physical therapy, speech therapy, occupational therapy and behavioral therapy. (c) Health-related services, including dental services. (d) Social development and adjustment services, including recreation programs. (e) Transportation. (f) Information and referral. (g) In-home services. 5. Public information resources on developmental disabilities. 6. Training and practicum programs in conjunction with other state agencies and universities and colleges for teachers, psychologists, social workers, medical personnel and others interested in the field of developmental disabilities. 7. Research laboratories in the fields of behavioral services and abstract research. 8. Guardianship services. D. Services of a facility may not supplant existing community services that are provided through other local, city or state resources. E. The department shall stimulate, cooperate with and promote the development of community programs through existing resources and provide consultation wherever needed. F. A service provider who is providing guardianship services must comply with the disclosure requirements of section 14-5106 and shall not provide services to a person with developmental disabilities that would cause a conflict of interest or that would jeopardize the service provider's ability to represent the person with developmental disabilities as a guardian. G. For the purposes of this section, "guardianship services" means services offered to a person with developmental disabilities by a service provider who is under contract with the division to act as a guardian to a person with developmental disabilities if no other appropriate guardian is available. 36-558.01. Operation, support and supervision of child developmental homes and foster homes; duties of department 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 placed pursuant to sections 8-514.01 and 8-845 and for appropriate placements for persons for whom an application for residential services has been made to the department. B. In furtherance of its responsibility pursuant to subsection A of this section, the department shall recruit, license and support such homes in accordance with this chapter, maintain regular supervision of such homes and such placements, conduct training programs for the staff of such homes and develop the program and service standards for persons with developmental disabilities to be placed in such homes. C. Foster homes supported by the department shall be paid for each person with a developmental disability placed in the home an amount determined by the department based on the type of developmental disability and the consequent need for programs and services of each person so placed. 36-558.02. State operated service center 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. 36-559. Eligibility for developmental disabilities programs, services and facilities 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 bona fide resident of the state of Arizona. 2. Is a person with a developmental disability as defined in this chapter and provides medical and psychological documentation of such developmental disability utilizing tests which are culturally appropriate and valid, or is an infant and as a result of tests performed pursuant to section 36-694, or other appropriate tests, there is strongly demonstrated potential that the infant has a developmental disability or will have a developmental disability. B. After the department conducts preadmission screening pursuant to section 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29, article 2 of this title, the person shall be referred to the Arizona health care cost containment system administration for an eligibility determination pursuant to section 36-2933, if either of the following applies: 1. The person is a new applicant who is not receiving services and applies for services pursuant to this chapter. 2. The person is eligible for services pursuant to this chapter and would receive services, other than case management, if state funding were available. C. A person who is referred to the Arizona health care cost containment system administration shall first be determined eligible or ineligible for the Arizona long-term care system, pursuant to chapter 29, article 2 of this title, before receiving services pursuant to this chapter. Applicants who voluntarily refuse to cooperate in the eligibility process are not eligible for services pursuant to this chapter. An applicant's or current service recipient's refusal to establish or convert an estate or trust pursuant to section 36-2934.01 shall be deemed a voluntary refusal to cooperate. A form explaining loss of benefits due to a voluntary refusal to cooperate shall be signed by the applicant or current service recipient. Voluntary refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination. D. The department shall determine eligibility. If the person is not eligible, the department of economic security shall refer the person to the department of health services for treatment as directed by the court to coordinate necessary and reasonable services. Services provided pursuant to this subsection are subject to the availability of funding. 36-560. Admission 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 with the rules and procedures adopted by the department. B. Admission into any developmental disabilities program or service operated by the department or supported by the department is subject to availability of space in any program or service and is subject to annual legislative appropriation and other available funding. C. A person shall not receive developmental disabilities services unless proof of the requirements set forth in section 36-559 is provided. D. An application shall be signed by the responsible person. An admission or assignment of any client to a program, service or facility shall not be made without the consent of the responsible person. If an application for admission to a residential program is made for a client who is fourteen to eighteen years of age and who is capable of giving voluntary informed consent, that client and the client's parent or guardian shall jointly apply, unless it appears to the department that the client is manifestly incapable of giving consent. An adult capable of giving consent may apply for admission and may be assigned to programs, services or facilities. E. If an adult applicant applies for admission, or when a minor client served directly or indirectly by the department becomes eighteen years of age, and the applicant or client reasonably appears to be impaired by developmental disabilities to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, the department shall require that prior to receiving or continuing to receive developmental disabilities programs or services the applicant have a guardian appointed pursuant to title 14, chapter 5, or shall have had a judicial determination made that it is not necessary to appoint a guardian for that person. F. There shall be no judicial admissions except pursuant to section 8-242 and as stipulated in section 36-559, subsection D. G. No person may be admitted or assigned to any developmental disabilities facility, program or service unless the person has received a placement evaluation to determine the need for the developmental disabilities programs and services which are appropriate for that person and the admittance or assignment is consistent with the recommendation or placement evaluation. Each placement evaluation shall be governed by the following conditions: 1. The placement evaluation team shall consist of a group assigned by the department which shall include a department employee to serve as the case manager, the parent or guardian of the applicant and appropriate program staff of the department. Counsel for the applicant and a friend or advocate of the applicant designated in the application for admission may also attend the evaluation sessions for the applicant. 2. A placement evaluation report shall be prepared within thirty days after the placement evaluation is initiated which shall recommend the assignment of the applicant to certain designated types of developmental disabilities programs or services operated by or supported by the department. In this process the specific assignment request of the responsible person shall be given strong consideration. 3. A placement evaluation conducted by the department for the purpose of determining appropriate developmental disabilities programs and services shall not include an evaluation of a child for placement in a special education program in a school district. 4. The procedure prescribed in section 36-559, subsection D con