Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1231
independent oversight committee; developmental disabilities
Purpose
Grants the Independent Oversight Committee (IOC) on Persons with Developmental
Disabilities up to 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.
FACT SHEET
S.B. 1162
Page 2
Provisions
1. Requires the DDD to grant the IOC on Persons with Developmental Disabilities up to 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.
Prepared by Senate Research
January 31, 2022
MM/CC/sr