A.R.S. tit. 46 ch. 1 — Arizona Revised Statutes Title 46 Chapter 1 — Administrative Agencies And Officers

46-101. Definitions In this title, unless the context otherwise requires: 1. "Aid to families with dependent children" means assistance granted under section 403 of title IV of the social security act as it existed before August 22, 1996. 2. "Applicant" means a person who has applied for assistance or services under this title, or a person who has applied for assistance or services under this title and who has custody of a dependent child. 3. "Assistance" means payments in cash or kind to or on behalf of a person or persons in need as provided for in this title. 4. "Assistance unit" means those members of a needy family, as prescribed by the department in rule, or a child only case, that meets the nonfinancial eligibility criteria for cash assistance and whose needs and other circumstances are considered as a whole to determine a cash assistance benefit amount. 5. "Cash assistance" means temporary assistance for needy families paid to a recipient for the purpose of meeting basic living expenses as defined by the department. 6. "Child care personnel" means any person who supervises children in a day care home or center that receives child care food program monies under this article. 7. "Child only case" means a case in which the eligible dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and placed in foster care with an unrelated adult or with a nonparent relative who is not receiving cash assistance. 8. "Dependent child" means a needy child who has been deprived of parental support or care by reason of the death, unemployment of the supporting parent as defined and prescribed by the rules of the department, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives who are responsible under the law for the child's support are not able to provide adequate care and support of the child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin in a place of residence maintained by one or more of such relatives as his or their own home or who is in the legal custody of the department of child safety and placed in a foster home or with an unrelated adult as a recipient of temporary assistance for needy families. Such dependent child must be under eighteen years of age or, if eighteen, must be a full-time student in a high school, or in the equivalent level of vocational or technical training, and shall be reasonably expected to complete the program before reaching age nineteen. 9. "Director" means the director of the department of economic security. 10. "Domestic violence" means battered or subject to extreme cruelty as defined in section 408(a)(7)(C)(iii) of the social security act. 11. "Employment plan" means an agreement between the department and the cash assistance recipient regarding the participant's work activities and services provided by the department. 12. "Federal poverty level" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register. 13. "Head of household" means a dependent child's parent or the spouse of the parent, or the dependent child's nonparent relative or spouse of the nonparent relative, who receives cash assistance for himself and on behalf of the dependent child or only on behalf of the dependent child. 14. "Homestead property" means a home owned and occupied by the applicant or recipient, or his spouse. 15. "Jobs program" means services established by the department to ensure that participants comply with work requirements as prescribed in Public Law 104-193. 16. "Needy family": (a) Means a family that resides in the same home and includes a dependent child, one or more of the dependent child's parents and nonparent relatives of the dependent child and their spouses who meet financial cash assistance eligibility criteria established by this title and by department rule. (b) Does not include a child only case. 17. "Nonparent relative" means a dependent child's grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin and includes a permanent guardian who is appointed pursuant to section 8-872. 18. "Participant" means a recipient of cash assistance engaged in work activities through the JOBS program. 19. "Personal responsibility declaration" means a document that is prescribed by the department and in which the applicant acknowledges understanding of the applicant's personal responsibility. 20. "Recipient" means a person who receives assistance or services under the provisions of this title. 21. "Services" includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title. 22. "Sponsor" means any political subdivision of this state, any federally recognized Indian tribe, any military base or any other person, partnership, corporation or association contracting with this state to provide assistance in the distribution of child care food program monies pursuant to this article. 23. "State department" or "department" means the department of economic security. 24. "Temporarily deferred" means the postponement of work activities. 25. "Temporary assistance for needy families" means assistance granted under section 403 of title IV of the social security act as it exists after August 21, 1996. 26. "Vendor payment" means any payment to a person other than the recipient on his behalf. 27. "Work activities" means the following activities that are countable toward the federal work participation rate as prescribed in Public Law 104-193, section 407 (1996): (a) Unsubsidized employment. (b) Subsidized private or public employment. (c) Work experience. (d) On-the-job training. (e) Job search and job readiness assistance. (f) Community service programs. (g) Vocational educational training. (h) Job skills training directly related to employment. (i) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency. (j) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalency, in the case of a recipient who has not completed secondary school or received such a certificate. 46-132. Special services unit A. There shall be a special services unit in the department of economic security. B. The supervisor of the special services unit shall be qualified with appropriate investigative or legal background. He shall be responsible to the director for the following: 1. Performing such special investigating duties in any county in the state as may be assigned. 2. Assist in preparing criminal charges involving fraud and theft against the department. 3. Establish liaison with the various law enforcement agencies. 4. Other related duties and responsibilities as may be assigned. C. The supervisor of the special services unit of the department may employ investigators who are peace officers to discharge the duties prescribed in this section. 46-132.01. Depositions; attendance of witnesses; production of papers In the discharge of the duties imposed by section 46-132, the supervisor of the special services unit or a duly authorized representative of the unit may take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records necessary to complete investigations. 46-133. Duties of attorney general A. The attorney general shall be the legal adviser of the department. B. The attorney general shall prosecute and defend in the name of the state all actions necessary to enforce the provisions of this title. Upon request of the state department, the attorney general shall designate for such time and purposes as the state department requires, a prosecution unit of at least one assistant attorney general which shall be primarily assigned to prosecution of violations of this title. C. Upon request of the state department the attorney general shall designate for such time and purposes as the state department requires, an attorney for the department whose compensation shall be determined pursuant to section 38-611 and which shall be a charge against the administration fund. D. The appropriate county attorney shall have jurisdiction to prosecute and enforce all actions arising under the child support enforcement programs as authorized by title IV of the social security act, except that the attorney general shall have concurrent jurisdiction in any county where the county attorney refuses to prosecute and enforce the actions referred to in this subsection. 46-134. Powers and duties; expenditure; limitation The state department shall: 1. Administer all forms of public relief and assistance except those that by law are administered by other departments, agencies or boards. 2. Develop a section of rehabilitation for the visually impaired that shall include a sight conservation section, a vocational rehabilitation section in accordance with the federal vocational rehabilitation act, a vending stand section in accordance with the federal Randolph-Sheppard act and an adjustment service section that shall include rehabilitation teaching and other social services deemed necessary, and shall cooperate with similar agencies already established. The administrative officer and staff of the section for the blind and visually impaired shall be employed only in the work of that section. 3. Assist other departments, agencies and institutions of the state and federal governments, when requested, by performing services in conformity with the purposes of this title. 4. Act as agent of the federal government in furtherance of any functions of the state department. 5. Carry on research and compile statistics relating to the entire public welfare program throughout this state, including all phases of dependency and defectiveness. 6. Cooperate with the superior court in cases of delinquency and related problems. 7. Develop plans in cooperation with other public and private agencies for the prevention and treatment of conditions giving rise to public welfare and social security problems. 8. Make necessary expenditures in connection with the duties specified in paragraphs 5, 6, 7, 13 and 14 of this subsection. 9. Have the power to apply for, accept, receive and expend public and private gifts or grants of money or property on the terms and conditions as may be imposed by the donor and for any purpose provided for by this chapter. 10. Make rules, and take action necessary or desirable to carry out the provisions of this title, that are not inconsistent with this title. 11. Administer any additional welfare functions required by law. 12. If a tribal government elects to operate a cash assistance program in compliance with the requirements of the United States department of health and human services, with the review of the joint legislative budget committee, provide matching monies at a rate that is consistent with the applicable fiscal year budget and that is not more than the state matching rate for the aid to families with dependent children program as it existed on July 1, 1994. 13. Furnish a federal, state or local law enforcement officer, at the request of the officer, with the current address of any recipient if the officer furnishes the agency with the name of the recipient and notifies the agency that the recipient is a fugitive felon or a probation, parole or community supervision violator or has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the recipient is within these official duties. 14. In conjunction with Indian tribal governments, request a federal waiver from the United States department of agriculture that will allow tribal governments that perform eligibility determinations for temporary assistance for needy families programs to perform the food stamp eligibility determinations for persons who apply for services pursuant to section 36-2901, paragraph 6, subdivision (a). If the waiver is approved, the state shall provide the state matching monies for the administrative costs associated with the food stamp eligibility based on federal guidelines. As part of the waiver, the department shall recoup from a tribal government all federal fiscal sanctions that result from inaccurate eligibility determinations. 46-135. Power to promulgate rules concerning confidential nature of records The state department shall establish such reasonable regulations as it deems necessary to protect confidential information. In no event shall the names of any recipient be made available for political or commercial purposes. 46-136. Powers of state department regarding work projects for unemployed persons A. The state department may institute work projects for the employment of needy unemployed persons being granted public assistance. The nature of the work projects shall be determined by the state department and the governing body of the county, municipal government or school district involved to be projects necessary and desirable to the community including projects designed to improve health and public safety. County or municipal governments, including school districts, shall cooperate in such projects by furnishing supervision, transportation and payment of industrial commission insurance. B. The state department shall act as the official agency for the state in any social welfare activity initiated by the federal government and shall administer state funds appropriated or made available for the relief of dependent persons, except as otherwise provided by law. C. The state department shall expend from any amounts otherwise available by law amounts that, in the discretion of the director, are determined necessary for such purpose in conjunction with any agency or department of the federal government for the purpose of receiving and distributing food stamps offered to public welfare agencies for needy persons. The amount so determined may be expended by the department in payment of expenses necessarily incurred by reason of the receipt or distribution of such food stamps. 46-137. Administrative expenses A. Administrative expenses shall be paid from funds made available for that purpose by the legislature or by the federal government or any of its agencies. Federal grants for research, demonstration projects, or training, or older Americans' act administration may be used in addition to the appropriation. B. In this section, "administrative expenses" does not include: 1. Grants in cash or kind to or for the benefit of needy persons. 2. Cost of providing shelter and subsistence for needy persons. 3. Cost of distributing food stamps, except as necessary in claiming any federal reimbursement. 4. Cost of sponsoring work relief projects, except as necessary in claiming any federal reimbursement. 46-138. Expenditures for public welfare The total amount which may be expended in any fiscal year by the state department for each of the objects and purposes provided by this title shall in no event exceed the amount appropriated in the general appropriation bill for each such object or purpose and any monies granted by the federal government for such object or purpose, together with additional amounts appropriated therefor by any special legislative appropriation bill. If at the end of a fiscal year there is an unencumbered balance of the appropriation for such fiscal year made to the state department for any such object or purpose, the balance shall be deemed to consist exclusively of such monies. 46-138.01. Public assistance and administration revolving fund A. There is created the permanent public assistance and administration revolving fund in the amount of four hundred thousand dollars for use of the state department for the purpose of disbursing: 1. Initial public assistance payments to those individuals and families newly certified as eligible for one or more public assistance programs contained in this title. 2. Refunds for federal food stamp coupons. 3. Replacements of lost or stolen state warrants or revolving fund payments. 4. Reimbursements for federal food stamp job search clients. 5. Immediate outlays for postage, C.O.D. packages, supplies, travel or other miscellaneous and minor items. No check shall be drawn against the fund unless state or federal funds are available at the time for reimbursing the fund as provided for in subsection C. B. The fund shall be deposited in a bank checking account in a bank and shall be secured by collateral in the same manner as are state monies. No check drawn against the fund shall be paid unless presented to the bank for payment within ninety days after the date on which it was issued which shall be stated on the face of each check. C. The director of the department of administration from time to time at the request of the state department shall reimburse the fund for amounts paid for the purposes set forth in subsection A from state appropriated and federal funds respectively available for payment for such purposes. Such reimbursements shall be based upon checks drawn against the fund rather than checks paid by the bank. D. The manner of accounting for the fund and all procedures relating to disbursement of money from the fund shall be subject to the approval of the department of administration. 46-138.02. Duplicate checks; notice; form and effect A. When it appears to the satisfaction of the director of the department of economic security by affidavit or otherwise that any check drawn against the revolving fund has been lost or destroyed prior to payment and there is no reasonable probability of its being found or presented, or that a check has not been presented for payment within the time specified on the face thereof, the director may issue a duplicate of such lost, destroyed or out-of-date check. Before issuing such duplicate check the director shall send a written stop payment notice to the bank giving the number, amount and date of the original check, the payee and the fund on which drawn. B. The duplicate check issued shall be plainly stamped or marked so that its character may be readily and easily ascertained. C. The duplicate check issued under authority of this section shall constitute full and sufficient authority to the bank for the disbursement of public monies in the amount set forth on the duplicate checks. D. The bank shall not pay any check on which a stop payment notice has been made unless the director has released the stop payment notice in writing. 46-139. Notification; federal poverty guidelines The department shall notify the health and human services committee of the senate and the health committee of the house of representatives, or their successor committees, within thirty days after the federal government decides to no longer calculate and publish the federal poverty guidelines. 46-140. Duty of employees to report violations; penalties for failure to do so A. When a person employed under this title interviews or consults an applicant for or recipient of assistance or services authorized by this title, and is informed that the applicant or recipient has by mistake, by withholding facts, or in any other manner, violated or attempted to violate, knowingly or unknowingly, any provision of this title which resulted in, or if undiscovered, would have resulted in the applicant or recipient receiving assistance or service or in receiving more assistance or service than the applicant or recipient would have been otherwise entitled to receive, the employee interviewing or consulting with such applicant or recipient shall promptly make a complete written report of the information to the state department. B. Failure of the employee to make the report required by subsection A, or failure of the supervisor of such employee, if aware of such fact, to direct the employee to make the report, constitutes cause for immediate dismissal from the department or prosecution of such employee and supervisor. C. Any employee who fails to make the written report or any supervisor who, knowing of such failure to report, fails to direct the employee to report is guilty of a misdemeanor. 46-140.01. Verifying applicants for public benefits; violation; classification; citizen suits (Caution: 1998 Prop. 105 applies.) A. An agency of this state and all of its political subdivisions, including local governments, that are responsible for the administration of state and local public benefits that are not federally mandated shall do all of the following: 1. Verify the identity of each applicant for those benefits and verify that the applicant is eligible for benefits as prescribed by this section. 2. Provide any other employee of this state or any of its political subdivisions with information to verify the immigration status of any applicant for those benefits and assist the employee in obtaining that information from federal immigration authorities. 3. Refuse to accept any identification card issued by the state or any political subdivision of this state, including a driver license, to establish identity or determine eligibility for those benefits unless the issuing authority has verified the immigration status of the applicant. 4. Require all employees of the state and its political subdivisions to make a written report to federal immigration authorities for any violation of federal immigration law by any applicant for benefits and that is discovered by the employee. B. Failure to report discovered violations of federal immigration law by an employee is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor. C. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin. Any person who is a resident of this state shall have standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceeding pending in the court. 46-141. Criminal record information checks; fingerprinting employees and applicants; definition A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles or vulnerable adults shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days of employment. B. Each person, whether paid or not, shall have as a condition of employment a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after being employed, if the person is any of the following: 1. Licensed by the department of child safety or employed by the licensee. 2. A department of child safety contractor for the provision of services directly to juveniles or vulnerable adults. 3. An adult working in a group home, residential treatment center, shelter or other congregate care setting. C. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department of economic security or the department of child safety may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract. D. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles or vulnerable adults shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections G and H of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections G and H of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card. E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections G and H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting. F. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections G and H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting unless the person is granted a good cause exception pursuant to section 41-619.55. G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. H. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. I. Federally recognized Indian tribes or military bases may submit and the department of economic security and the department of child safety shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection G of this section. J. A person who applies to the department of economic security or the department of child safety for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults or who will work in a group home, residential treatment center, shelter or other congregate care setting shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8-105, 8-509, 8-802 or 41-1968 or subsection A of this section. K. The special services unit of the department of economic security and employees of the department of child safety may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security or the department of child safety may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that the employee, applicant or contractor is not qualified or suitable. L. Volunteers who provide services to juveniles or vulnerable adults under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section, unless the volunteer works in a group home, residential treatment center, shelter or other congregate care setting. M. The department of economic security or the department of child safety shall notify the department of public safety if the department of economic security or the department of child safety receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section either: 1. Is arrested for or charged with an offense listed in section 41-1758.07, subsection B or C. 2. Falsified information on the form required by subsection G of this section. N. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 46-451. 46-151. Department of health services; out-of-wedlock pregnancies; goals A. The director of the department of health services shall develop standards and procedures to decrease the number of out-of-wedlock pregnancies and births, without increasing the abortion rate, for each year through June 30, 2005. The goals for decreasing out-of-wedlock births as a proportion of total births, are as follows: 1. No more than 38 per cent of total births for 1997-1998. 2. No more than 37 per cent of total births for 1998-1999. 3. No more than 35 per cent of total births for 1999-2000. 4. No more than 33 per cent of total births for 2000-2001. 5. No more than 31 per cent of total births for 2001-2002. 6. No more than 29 per cent of total births for 2002-2003. 7. No more than 27 per cent of total births for 2003-2004. 8. No more than 25 per cent of total births for 2004-2005. B. The standards shall reflect the policy set forth in part A of title IV of the social security act, as amended by section 103(a) of the personal responsibility and work opportunity reconciliation act of 1996. C. The director of the department of health services shall submit these standards and procedures to the federal department of health and human services on or before September 30, 1997. 46-171. Definitions In this article, unless the context otherwise requires: 1. "Lifespan respite care" means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs. 2. "Respite care" means short-term care and supervision services that are provided to an individual to relieve the individual’s caregiver. 46-172. Lifespan respite care program A. The department shall establish a lifespan respite care program. B. The lifespan respite care program shall: 1. Establish a respite program for primary caregivers of individuals who do not currently receive other publicly funded respite services. 2. Coordinate with other respite services, including services that are provided pursuant to title 36, chapter 5.1 and sections 36-2939, 36-3407 and 46-193. 3. Support the growth and maintenance of a statewide respite coalition. 4. Conduct a study on the need for respite care throughout the lifespan of individuals. 5. Identify local training resources for respite care providers. 6. Link families with respite care providers and other types of respite caregiver consultants. 7. Create an evaluation tool for recipients of respite care to assure quality of care. 46-173. Lifespan respite care advisory committee The department shall establish a lifespan respite care advisory committee that includes family caregivers and respite care providers to advise the lifespan respite care program on respite care matters. 46-181. Section on aging There is a section on aging in the department of economic security. 46-182. Section powers and duties; costs The section, in carrying out the provisions of the older Americans act of 1965, Public Law 89-73, as amended, shall: 1. Cooperate with the federal commissioner on aging and provide information to the administration on aging, department of health, education and welfare upon request. 2. Assist the department in preparing a state plan for the administration of the state program for the aging which shall set forth the provisions contained in section 303 of the older Americans act of 1965. 3. Serve as a clearing house for information related to state problems of the aged and aging. Gather and disseminate information and conduct hearings, conferences and special studies on problems and programs concerning the aging. 4. Develop plans, conduct and arrange for research and demonstration programs in the field of aging. 5. Provide consultation to counties and subdivisions thereof with respect to local community programs for the aged and aging. Develop, coordinate, and assist other public and private organizations which serve the aging. 6. Prepare, publish and disseminate educational materials dealing with the health and welfare of aged persons. Stimulate public awareness of the problems of the aging by conducting a program of public education and encourage the governor and the legislature to develop programs to deal with such problems. 7. Stimulate more effective use of existing resources and available services for the aged and aging, including coordination of the activities of other state departments, and the collaboration with such departments, agencies or commissions, with county officials and voluntary agencies and with state and local professional associations and societies for the aged and aging. 46-183. Advisory council on aging; members; appointment; terms; compensation; officers; subcommittee A. The advisory council on aging is established in the governor's office of youth, faith and family. B. The advisory council on aging consists of fifteen members who are appointed by the governor. The governor shall remove a member for cause. Members who are appointed to the council shall be selected pursuant to rules adopted by the director that conform to the older Americans act of 1965 (P.L. 89-73, 79 Stat. 218, 42 United States Code sections 3001 through 3058ff) and the federal regulations promulgated pursuant to that act. In addition members shall have a knowledge of, and an established basic interest in, the problems affecting older citizens, and members shall be selected with due regard to geographic and other elements of representation in order that as many divergent views as possible can be represented. C. Each member of the council serves a term of three years. Vacancies occurring other than by expiration of term shall be filled in the same manner for the balance of the unexpired term. D. The governor shall appoint a chairperson each year from the council membership who shall appoint a vice chairperson and secretary from the council membership. The governor shall also appoint an executive director. The governor's office of youth, faith and family shall provide necessary staff services to the advisory council on aging. E. The chairperson shall appoint a subcommittee on Alzheimer's disease and related disorders. 46-184. Advisory council duties A. The advisory council shall advise all state departments which the council deems necessary on all matters and issues relating to aging, including administration of the state plan on aging. In performing this function, the council shall not be limited to provisions of the older Americans act of 1965. B. Each year the council shall submit a written report of its recommendations regarding the state plan on aging to the governor, the president of the senate and the speaker of the house of representatives. C. The council shall convene in formal meeting at the call of the chairman, but in no case less than four times each fiscal year. A quorum shall consist of no less than nine members present. Recommendations to the department, the governor, the president of the senate and the speaker of the house of representatives by the council shall be represented by a simple majority vote of members present of a quorum in formal meeting. Minority opinions with respect to any council recommendation may be formally submitted in writing to the department, the governor, the president of the senate and the speaker of the house of representatives through the chairman of the council. D. The subcommittee on Alzheimer's disease and related disorders appointed pursuant to section 46-183 shall collect new data from long-term care providers, families and victims of Alzheimer's disease and related disorders and prepare new or revised recommendations based on this information. 46-191. Definitions In this article, unless the context otherwise requires: 1. "Adult day care" or "adult day health" means services which provide adults with optimal personal care in a group setting during a portion of a twenty-four hour day. This service provides planned care and supervision, recreation and socialization, personal care, personal living skills training, congregate meals and health monitoring and may include health related services such as preventive, therapeutic and restorative health care. 2. "Attendant care" means a service which provides a trained attendant to provide assistance with homemaking, general supervision and personal care. 3. "Case management services" means the assessment and development of an individualized service plan through which the eligibility of individuals is determined, appropriate services or benefits are identified, planned, reported, monitored or terminated and follow-up is provided if and when appropriate. 4. "Home care services" means services provided to an individual who is functionally impaired and unable to perform activities of daily living. These services include case management, assessment of functional impairment and needed community services, home care, housekeeping chore services, home health aid, personal care, visiting nurse services, adult day care, adult day health, respite care, attendant care and home delivered meals. 5. "Home delivered meals service" means a nutritious meal which contains at least one-third of the recommended dietary allowance for an individual and is delivered to the individual's place of residence. 6. "Home health aid" means services which provide intermittent health maintenance, continued treatment or monitoring of a health condition and supportive care for activities of daily living within the individual's place of residence. 7. "Nonmedical home and community based care system" means a comprehensive, case managed system of care which is provided to a functional person with a disability in the person's home or community and which supports the role of the family and caregivers as a part of the care plan which may include personal care, housekeeper chore services, adult day care, adult day health care, respite care and home delivered meals, as well as health care services which are a necessary, but subordinate, part of the care plan. 8. "Older Arizonan" means a resident of this state who is at least sixty years of age. 9. "Person with a physical disability" means an individual who has a physical impairment that substantially limits one or more major life activities and who has a diagnosis of such impairment. 10. "Personal care" means assistance to meet essential personal physical needs. 11. "Respite sitter services" means short-term care and supervision which may be required to be available on a twenty-four hour basis. 12. "Visiting nurse services" means services which provide intermittent skilled nursing services in the individual's place of residence. Skilled nursing services may include health maintenance, continued treatment or supervision of a health condition. 46-192. Identification of services A. The department, in conjunction with other state and local government agencies and community organizations and agencies, shall identify those services provided by state departments and agencies that are appropriate services to implement the goal of enabling older Arizonans to maintain the most independence and freedom, avoid institutional care and live in dignity. In addition to existing services, such services may include the following: 1. General information services, including publication of available services, information and referral and outreach. 2. Transportation, including transportation necessary to guarantee access to services. 3. Nutrition, socialization and education. 4. Nonmedical home and community based care including case management, assessment of functional impairment and needed community services, home care, housekeeping chore services, home health aid, personal care, visiting nurse services, adult day care or adult day health, respite care, attendant care and home delivered meals. 5. Physical and mental health services, including inpatient and outpatient care, screening, appliances and supplies, mental health and home health care. 6. Placement services, including nursing homes, supervisory care, personal care, foster care and day care. 7. Protective advocacy and legal services. 8. Education, including senior adult education programs and training and research in the field of aging. 9. Volunteer and leadership development services. 10. Self-support services, including employment services, job development and income maintenance. B. The department shall develop a basic plan to coordinate the services identified in this section and other appropriate services so as to avoid duplication and increase efficiency. C. The department of health services, the department of transportation, the Arizona department of education and other appropriate state departments and agencies shall cooperate in coordinating services under the basic plan. D. The department shall develop a comprehensive agreement by which the personnel and facilities of the department, the department of health services, the department of transportation, the Arizona department of education and other appropriate departments and agencies are utilized in carrying out this article provided that such agreement: 1. Results in more economical performance of duties of those departments and agencies. 2. Allows the department to contract for the services of consultants and agencies, subject to the availability of funding for such purpose. E. The department may provide information and assist local agencies and organizations that provide services to older Arizonans. F. The department may, under grant programs, utilize older Americans as staff to implement this article. G. The integrity of senior citizen participation at all planning and program development levels shall be ensured. H. The director shall designate an employee within the department to be responsible for the direction, planning, coordination and administration of the department's responsibilities under this article. 46-193. Respite care for care givers of the elderly program; definition The department shall develop and implement a statewide program to provide respite care for care givers of the elderly. The department shall establish guidelines regarding the distribution of monies and respite care services. For the purposes of this section, "respite care" means short-term care and supervision services provided to an individual to relieve the care giver.