REFERENCE TITLE: group homes; monitoring; appropriation

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HB 2300

Introduced by

Representatives Dunn: Longdon

AN ACT

Establishing the developmental disabilities group home monitoring pilot program in the department of economic security; appropriating monies.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Developmental disabilities group home monitoring pilot program; designated entity; report; appropriation; exemption; delayed repeal; definition

A.  The developmental disabilities group home monitoring pilot program is established.  The department of economic security shall oversee the pilot program for three years and shall use the entity that has been designated by this state to operate the protection and advocacy system for persons with developmental disabilities in this state pursuant to the developmentally disabled assistance and bill of rights act, as amended (42 United States Code section 6012(a)) to conduct the pilot program.  The pilot program may not limit the entity's ability to fulfill its statutory mandate as prescribed in federal law that provides the entity with the authority to advocate for the rights of individuals with developmental disabilities pursuant to 42 United States Code section 15043.

B.  The scope of the pilot program shall require the designated entity, at a minimum, to do all of the following:

1.  Monitor and inspect in person all of the group homes once each year.

2.  Investigate complaints and monitor the services provided in these group homes.  The designated entity shall monitor the health, safety and wellness of group home residents, including living conditions and how the staff interacts and responds to the residents' needs.

3.  For persons identified as being at higher risk for abuse or neglect in group homes, visit the group home and these persons at least once every four months, including unannounced visits if necessary.  An unannounced visit may replace a scheduled visit, except that if the entity is unable to meet with the person, a follow‑up visit must be scheduled.

4.  Provide information to persons with developmental disabilities about the person's rights and available resources for the person and the person's family or guardian.

5.  Compile a comprehensive report of all observations and outcomes during the pilot program.

C.  The department of economic security shall develop a process to determine which of its clients are at a higher risk of abuse or neglect. The department of economic security may consider factors such as:

1.  Whether the person lives with the person's caregiver and receives no other developmental disabilities services or whether the person is largely or entirely dependent on a sole caregiver for assistance and that caregiver is largely or entirely dependent on the person for the caregiver's income.

2.  Whether the person has limited ability to supervise the caregiver, has limited liability to express himself or herself verbally or has few community contacts or whether no independent person outside the home is identified to assist the person.

3.  Whether the person has experienced a destabilizing event such as hospitalization, arrest or victimization.

4.  Whether the person has been the subject of an adult protective services referral or a department of child safety referral in the past year.

5.  Whether the person lives in an environment that jeopardizes the person's personal safety.

D.  On or before December 31, 2024, the designated entity shall report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the report to the secretary of state regarding the observations and outcomes of the pilot program, including systemic issues that were identified, the quality of services being provided to persons with developmental disabilities in this state and any recommendations for service improvements.

E.  The sum of $1,200,000 is appropriated from the state general fund in fiscal year 2021‑2022 to the department of economic security for the developmental disabilities group home monitoring pilot program established by this section.  The monies appropriated pursuant to this subsection are exempt from the provisions of section 35‑190, Arizona Revised Statutes, relating to lapsing of appropriations.

F.  This section is repealed from and after June 30, 2025.

G.  For the purposes of this section, "group home" has the same meaning prescribed in section 36‑551, Arizona Revised Statutes.