Arizona 2022 Regular Session

Arizona House Bill HB2394 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: group homes; monitoring; appropriation State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2394 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)
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9	9	REFERENCE TITLE: group homes; monitoring; appropriation
10	10	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
11	11	HB 2394
12	12	Introduced by Representatives Dunn: Longdon
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14	14	REFERENCE TITLE: group homes; monitoring; appropriation
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24	24	State of Arizona
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28	28	Fifty-fifth Legislature
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40	40	HB 2394
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44	44	Introduced by
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46	46	Representatives Dunn: Longdon
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52	52	AN ACT
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56	56	Establishing the developmental disabilities group home monitoring pilot program in the department of economic security; appropriating monies.
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62	62	(TEXT OF BILL BEGINS ON NEXT PAGE)
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Developmental disabilities group home monitoring pilot program; designated entity; report; exemption; delayed repeal; definitions A. The developmental disabilities group home monitoring pilot program is established. The department of economic security shall contract for 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 developmental disabilities assistance and bill of rights act, as amended (42 United States Code section 15043) to conduct the pilot program. The pilot program may not limit the designated entity's ability to fulfill its statutory mandate as prescribed in federal law that provides the designated entity with the authority to advocate for the rights of individuals with developmental disabilities pursuant to 42 United States Code section 15043. The designated entity shall begin monitoring group homes not later than _____. B. The scope of the pilot program shall require the designated entity, at a minimum, to do all of the following: 1. Monitor in person the quality of life of residents and services provided in all of the group homes once each year during reasonable times. 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. The visit may be announced or unannounced, except that if the designated entity is unable to meet with the specific resident, a follow-up visit must be scheduled. Scheduled visits shall be made at times the specific resident is available or requested by the resident. 2. Investigate complaints received by the designated entity concerning these group homes. As allowed by law, the designated entity, on request, shall have access to investigatory records in the possession of the department of economic security concerning the health, safety and wellness of an individual who is the subject of a complaint. A visit related to a complaint received by the designated entity may be announced or unannounced, except that if the designated entity is unable to meet with the specific resident, a follow-up visit must be scheduled. Scheduled visits shall be made at times the specific resident is available or requested by the resident. 3. For clients identified as being at higher risk for abuse or neglect in group homes, visit the group home and these clients at least once every four months, including unannounced visits if necessary. An unannounced visit may replace a scheduled visit, except that if the designated entity is unable to meet with the resident, a follow-up visit must be scheduled. 4. Provide information to clients with developmental disabilities about the client's rights and available resources for the client and the client's family or guardian in a format that can best be understood by both the client and the client's family or guardian. 5. Provide the department of economic security with quarterly update reports and compile a comprehensive report of all observations, outcomes and recommended corrective actions during the pilot program. The department of economic security shall post the reports on a publicly available department website. 6. Recommend to the department of economic security necessary corrective actions when identified. 7. Notify the department of economic security division of developmental disabilities immediately if either of the following occurs: (a) The monitoring team discovers or suspects any issue in which the immediate safety or welfare of any resident of a facility may be at risk. (b) The group home staff refuses to cooperate with the monitoring activity. 8. Report suspected abuse, neglect or exploitation of a child or vulnerable adult to a peace officer, the department of child safety or adult protective services pursuant to sections 13-3620 and 46-454, Arizona Revised Statutes. C. Pursuant to subsection B, paragraph 3 of this section, the department of economic security and the designated entity shall develop a process to determine which of the department of economic security group home clients are at a higher risk of abuse or neglect. The department of economic security and the designated entity may consider factors such as: 1. Whether the client lives with the client's caregiver and receives no other developmental disabilities services or whether the client is largely or entirely dependent on a sole caregiver for assistance and that caregiver is largely or entirely dependent on the client for the caregiver's income. 2. Whether the client has limited ability to supervise the caregiver, has limited ability to express himself or herself verbally or has few community contacts or whether no independent person outside the home is identified to assist the client. 3. Whether the client has experienced a destabilizing event such as hospitalization, arrest or victimization. 4. Whether the client has been the subject of an adult protective services referral or a department of child safety referral in the preceding year. 5. Whether the client lives in an environment that jeopardizes the client's personal safety. D. On or before ______, the designated entity shall report to the governor, the president of the senate, the speaker of the house of representatives and the director of the department of economic security 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. The department of economic security shall post the report on a publicly available department website. E. This section is repealed from and after ________. F. For the purposes of this section: 1. "Client" and "group home" have the same meanings prescribed in section 36-551, Arizona Revised Statutes. 2. "Resident" means a client who lives in a group home. Sec. 2. Appropriation; department of economic security; developmental disabilities group home monitoring pilot program A. The sum of $1,200,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of economic security for the developmental disabilities group home monitoring pilot program established by this section. B. The monies appropriated pursuant to subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
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68	68	Be it enacted by the Legislature of the State of Arizona:
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70	70	Section 1. Developmental disabilities group home monitoring pilot program; designated entity; report; exemption; delayed repeal; definitions
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72	72	A. The developmental disabilities group home monitoring pilot program is established. The department of economic security shall contract for 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 developmental disabilities assistance and bill of rights act, as amended (42 United States Code section 15043) to conduct the pilot program. The pilot program may not limit the designated entity's ability to fulfill its statutory mandate as prescribed in federal law that provides the designated entity with the authority to advocate for the rights of individuals with developmental disabilities pursuant to 42 United States Code section 15043. The designated entity shall begin monitoring group homes not later than _____.
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74	74	B. The scope of the pilot program shall require the designated entity, at a minimum, to do all of the following:
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76	76	1. Monitor in person the quality of life of residents and services provided in all of the group homes once each year during reasonable times. 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. The visit may be announced or unannounced, except that if the designated entity is unable to meet with the specific resident, a follow-up visit must be scheduled. Scheduled visits shall be made at times the specific resident is available or requested by the resident.
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78	78	2. Investigate complaints received by the designated entity concerning these group homes. As allowed by law, the designated entity, on request, shall have access to investigatory records in the possession of the department of economic security concerning the health, safety and wellness of an individual who is the subject of a complaint. A visit related to a complaint received by the designated entity may be announced or unannounced, except that if the designated entity is unable to meet with the specific resident, a follow-up visit must be scheduled. Scheduled visits shall be made at times the specific resident is available or requested by the resident.
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80	80	3. For clients identified as being at higher risk for abuse or neglect in group homes, visit the group home and these clients at least once every four months, including unannounced visits if necessary. An unannounced visit may replace a scheduled visit, except that if the designated entity is unable to meet with the resident, a follow-up visit must be scheduled.
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82	82	4. Provide information to clients with developmental disabilities about the client's rights and available resources for the client and the client's family or guardian in a format that can best be understood by both the client and the client's family or guardian.
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84	84	5. Provide the department of economic security with quarterly update reports and compile a comprehensive report of all observations, outcomes and recommended corrective actions during the pilot program. The department of economic security shall post the reports on a publicly available department website.
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86	86	6. Recommend to the department of economic security necessary corrective actions when identified.
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88	88	7. Notify the department of economic security division of developmental disabilities immediately if either of the following occurs:
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90	90	(a) The monitoring team discovers or suspects any issue in which the immediate safety or welfare of any resident of a facility may be at risk.
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92	92	(b) The group home staff refuses to cooperate with the monitoring activity.
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94	94	8. Report suspected abuse, neglect or exploitation of a child or vulnerable adult to a peace officer, the department of child safety or adult protective services pursuant to sections 13-3620 and 46-454, Arizona Revised Statutes.
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96	96	C. Pursuant to subsection B, paragraph 3 of this section, the department of economic security and the designated entity shall develop a process to determine which of the department of economic security group home clients are at a higher risk of abuse or neglect. The department of economic security and the designated entity may consider factors such as:
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98	98	1. Whether the client lives with the client's caregiver and receives no other developmental disabilities services or whether the client is largely or entirely dependent on a sole caregiver for assistance and that caregiver is largely or entirely dependent on the client for the caregiver's income.
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100	100	2. Whether the client has limited ability to supervise the caregiver, has limited ability to express himself or herself verbally or has few community contacts or whether no independent person outside the home is identified to assist the client.
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102	102	3. Whether the client has experienced a destabilizing event such as hospitalization, arrest or victimization.
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104	104	4. Whether the client has been the subject of an adult protective services referral or a department of child safety referral in the preceding year.
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106	106	5. Whether the client lives in an environment that jeopardizes the client's personal safety.
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108	108	D. On or before ______, the designated entity shall report to the governor, the president of the senate, the speaker of the house of representatives and the director of the department of economic security 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. The department of economic security shall post the report on a publicly available department website.
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110	110	E. This section is repealed from and after ________.
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112	112	F. For the purposes of this section:
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114	114	1. "Client" and "group home" have the same meanings prescribed in section 36-551, Arizona Revised Statutes.
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116	116	2. "Resident" means a client who lives in a group home.
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118	118	Sec. 2. Appropriation; department of economic security; developmental disabilities group home monitoring pilot program
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120	120	A. The sum of $1,200,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of economic security for the developmental disabilities group home monitoring pilot program established by this section.
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122	122	B. The monies appropriated pursuant to subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.