HB 2865
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: APPROP DP 8-5-0-0
HB2865: human services; 2022-2023
Sponsor: Representative Cobb (with permission of committee on Rules), LD 5
Caucus & COW
Overview
Contains session law provisions relating to human services needed to implement the FY 2023
budget.
History
Arizona Independent Living Program
A.R.S. § 8-521 establishes Arizona's Independent Living Program and the Educational Case
Management Unit within the Department of Child Safety (DCS). The Independent Living Program
provides services to youth who are subject of a dependency petition or adjudicated dependent
and meet the following requirements: 1) in DCS custody, licensed child welfare agency or tribal
child welfare agency; 2) at least 17 years old; and 3) employed or full-time students.
DCS, a licensed child welfare agency or tribal child welfare agency must provide the cost of care
for each youth placed in an independent living program. The monthly amount provided must not
exceed the average monthly cost of purchased services for the child in the three months
immediately preceding placement in an independent living program.
Temporary Assistance for Needy Families
The Temporary Assistance for Needy Families (TANF) Block Grant is used to: 1) provide
assistance to needy families so that children may be cared for in their own homes or in homes of
relatives; 2) end the dependence of needy parents on government benefits by promoting job
preparation, work and marriage; 3) prevent and reduce the incidence of out-of-wedlock
pregnancies and establish annual numerical goals for preventing and reducing the incidence of
these pregnancies; and 4) encourage the formation and maintenance of two-parent families (42
U.S.C. 601). The Arizona Department of Economic Security (DES) utilizes TANF funding to
provide temporary financial assistance to dependent children in their own homes or in the homes
of responsible caretaker individuals.
According to the Joint Legislative Budget Committee, the FY 2023 Baseline Book continues a
provision allowing DES to drug test TANF recipients if there is a reasonable suspicion that they
are using illegal drugs. This provision was included in the FY 2022 Health Budget Reconciliation
Bill (Laws 409, Chapter 409).
Developmental Disabilities Assistance and Bill of Rights Act (Act)
The purpose of the Developmentally Disabled Assistance and Bill of Rights Act (Act) is to assure
that individuals with developmental disabilities and their families participate in the design of and
have access to needed community services, individualized supports and other forms of
assistance that promote self-determination, independence, productivity, integration and inclusion
in all facets of community life through culturally competent programs (42 U.S.C. § 15001).
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Provisions
Independent Living Program
1. Sets the minimum monthly stipend for foster youth enrolled in the Independent Living Program
to be no less than $1,200. (Sec. 1)
Developmental Disabilities Group Home Monitoring Pilot Program (Program)
2. Establishes the Program within DES. (Sec. 3)
3. Instructs DES to oversee the Program for three years and contract with the entity that has
been designated by the state to conduct the Program and to operate the protection and
advocacy system for persons with developmental disabilities in Arizona, in accordance with
the Act. (Sec. 3)
4. Requires, by January 1, 2023, the Program designated entity to:
a) Monitor in-person the group homes providing services to clients with complex needs to
determine, at a minimum, whether:
i. The client with complex needs receives the services identified in the client's person-
centered service plan, including medication monitoring and habilitation treatment, as
applicable;
ii. The provision of services identified in the person-centered service plan of the client
with complex needs has been effective in addressing the client's complex needs;
iii. The services have resulted in a reduction in behaviors that interfered with the ability of
the client with complex needs to live safely in the community; and
iv. All physical interventions have compiled with the behavioral treatment plan of the client
with complex needs and applicable state law. (Sec. 3)
5. Directs, by January 1, 2023, the Program designated entity to:
a) Investigate quality-of-care complaints received by the designated entity concerning any
group home funded by DES; and
b) Compile a comprehensive report of all observations and outcomes during the preceding
year. (Sec. 3)
6. Requires DES to educate service providers on the requirements of the Program and the role
of the designated entity. (Sec. 3)
7. Instructs the designated entity, by December 31, 2025, to report to the Governor, President
of the Senate, Speaker of the House of Representatives and provide a copy of the report to
the Secretary of State (SOS) regarding the observations and outcomes of the Program and
any recommendations for service improvements. (Sec. 2)
8. Repeals the Program January 1, 2027. (Sec. 4)
DES Group Home Incident Report
9. Outlines the information to be included in the Group Home Incident Report. (Sec. 2)
10. Requires, by January 1, 2024, DES to provide the annual Group Home incident report to:
a) The Chairpersons of the Health and Human Services Committees of the Senate and
House of Representatives or their successor committees;
b) Directors of the Department of Health Services and Arizona Health Care Cost
Containment System;
c) The designated entity conducting the Program; and
d) Provide a copy to the Secretary of State. (Sec. 2)
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Quality-Of-Care Complaints Referral System
11. Directs DES, by January 1, 2023, to establish an expedited referral system to ensure that
copies of all quality-of-care complaints are forwarded to the designated entity for investigation.
(Sec. 2)
12. Requires DES to identify quality-of-care complaints related to abuse, neglect and client safety
as priorities for investigation. (Sec. 3)
13. Specifies that if the designated entity substantiates an allegation in a quality-of-care
complaint, the information must be provided to DES who will share the allegation with the
service provider and the Independent Oversight Committee on Persons with Developmental
Disabilities. (Sec. 3)
TANF Drug Testing
14. As session law, requires DES to screen and test each adult recipient who is eligible for TANF
cash benefits and who DES has reasonable cause to believe engages in the illegal use of
controlled substances. (Sec. 5)
15. As session law, specifies that any TANF recipient who tests positive for the use of a controlled
substance that was not prescribed for the recipient by a licensed health care provider is
ineligible to receive benefits for a period of one year. (Sec. 5)
Miscellaneous
16. Defines terms.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note