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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
independent oversight committee; developmental disabilities
Purpose
Grants the Independent Oversight Committee (IOC) on Persons with Developmental Disabilities 30 days to review new policies or major policy changes before submittal for public comment by the Division of Developmental Disabilities (DDD) within the Department of Economic Security (DES).
Background
Statute establishes IOCs under the Arizona
Department of Administration (ADOA) for:
1) persons with developmental disabilities; 2) children, youth and families;
and 3) the mentally ill (A.R.S. §§ 41-3801;
41-3802;
and 41-3803).
Each IOC must adopt guidelines that govern its operation, subject to the
approval of the ADOA Director (Director). Employees of DES, the Department of
Child Safety and the Arizona Health Care Cost Containment System may serve on
an IOC, under the condition that they serve only as nonvoting IOC members whose
presence is not counted for the purposes of determining a quorum. Each IOC is
required to meet at least quarterly and provide independent oversight to: 1)
ensure that the rights of clients are protected; 2) review incidents of
possible abuse, neglect or denial of a client’s rights; and 3) make
recommendations to the Director and the Legislature regarding laws, rules,
policies, procedures and practices to ensure the protection of the rights of clients
receiving behavioral health and developmental disability services. The Director
must provide IOC members the opportunity to review potential changes to rules
or policies when the changes affect the committee (A.R.S.
§ 41-3804).
The IOC on Persons with Developmental Disabilities is established to
promote the rights of clients who are receiving developmental disabilities
services from DES. The IOC consists of
between 7 and 15 members appointed by the Director with expertise in at least
one of the following areas: 1) psychology; 2) law; 3) medicine; 4) education; 5)
special education; 6) social work; or
7) criminal justice. Membership must include at least two parents of children
who receive services from the DDD. The DDD must provide each IOC information relating
to incidents of: 1) possible abuse, neglect or violations of rights; 2) physical
abuse, sexual abuse and other abuse;
3) accidental injury; 4) missing clients; 5) behavioral emergency measures; 6)
medication errors, including theft of medication or missing medication; 7) death;
8) suicide attempts;
9) hospitalizations; 10) incarcerations; 11) theft of client property or money;
and l2) property destruction (A.R.S.
§ 41-3801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the DDD to grant the IOC on Persons with Developmental Disabilities 30 days to review new policies and major policy changes before submittal for public comment.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Grants the IOC on Persons with Developmental Disabilities 30 days, rather than up to 30 days, to review new policies and major policy changes before submittal for public comment.
Senate Action House Action
HHS 2/2/22 DP 8-0-0 HHS 3/7/22 DP 9-0-0-0
3rd Read 2/10/22 28-0-2 3rd Read 4/7/22 52-0-8
Prepared by Senate Research
April 7, 2022
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