reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-534 - Change to voluntary status; discharge; notice; hearing

36-534.
Change to voluntary status;  discharge;  notice;  hearing
A. If,  after a petition for court-ordered treatment has been filed and prior to the hearing,  the medical director of the evaluation agency finds that it is more appropriate to discharge the patient or to admit the proposed patient on a voluntary basis,  the medical director,  after receiving approval from the court,  shall either discharge the patient or admit the patient for further treatment on a voluntary basis.
B. If the court approves admitting a patient for whom a petition has been filed by a prosecutor pursuant to section 13-4517 to voluntary treatment or before a patient is discharged pursuant to this section,  the medical director shall provide notice to the prosecuting agency at least twenty-four hours before releasing or discharging the patient. The evaluation agency shall detain the person for an additional twenty-four hours to allow for notification to the prosecuting agency. The prosecuting agency may request a hearing to determine whether the court should order the defendant returned to custody for a disposition pursuant to section 13-4517. For any hearing held pursuant to this subsection,  the court shall order the medical director to provide the patient's records,  including medical and treatment records,  to the court and to the prosecuting agency.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-535 - Detention of proposed patient; time of hearing; released patient; intervention by department

36-535.
Detention of proposed patient;  time of hearing;  released patient;  intervention by department
A. If,  on the filing of a petition for court-ordered treatment,  the patient is not then detained in an agency,  the court shall order the detention of the patient in the agency that conducted the evaluation if the court determines that the patient is likely to present a danger to self or others before the conclusion of the hearing or is not likely to appear at the hearing on the petition if not detained. The court shall issue such orders as are necessary to provide for the apprehension,  transportation and detention of the proposed patient. The court shall appoint counsel for the proposed patient if one has not been previously appointed.
B. The court shall order the hearing to be held within six business days after the petition is filed,  except that,  on good cause shown,  the court may continue the hearing at the request of either party. The hearing may be continued for a maximum of thirty days at the request of the proposed patient. The hearing may be continued for a maximum of three business days at the request of the petitioner. If the hearing is continued at the request of the petitioner and the proposed patient is involuntarily hospitalized,  the proposed patient may request a hearing to determine whether the proposed patient should be involuntarily hospitalized during the continuation period.
C. If after reviewing the petition with its attached material and other evidence at hand the court finds that the patient is not,  as a result of mental disorder,  a danger to self or others or does not have a persistent or acute disability or a grave disability,  the patient shall be released.
D. The department,  acting on behalf of the state hospital,  the administration or a regional behavioral health authority,  may intervene as a party to the proceedings on any petition for court-ordered treatment and may appear as a party at the hearing on the petition by filing a written notice of intervention with the clerk of the superior court in the county in which the petition was filed,  at any time before either the original time set for the hearing or the time to which the hearing is continued. The intervenor at the hearing may cross-examine any witnesses presented by other parties pursuant to section 36-539,  may subpoena and present witnesses of its own,  including physicians,  and may present other evidence. The intervenor,  on stipulation with all other parties or on order of the court,  may cause physicians to personally conduct mental status examinations of the proposed patient and to testify as to their opinions concerning whether the proposed patient is,  as a result of mental disorder,  a danger to self or to others or has a persistent or acute disability or a grave disability and as to whether the proposed patient requires treatment. This subsection applies in addition to all rules of evidence,  the Arizona rules of civil procedure and section 36-539.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-536 - Service of petition affidavit and notice of hearing; counsel for proposed patient; notice; personal service

36-536.
Service of petition affidavit and notice of hearing;  counsel for proposed patient;  notice;  personal service
A. At least seventy-two hours before the court conducts the hearing on the petition for court-ordered treatment,  a copy of the petition,  affidavits in support of the petition and the notice of the hearing shall be served on the patient,  who shall be informed of the purpose of the hearing and advised of the patient's right to consult counsel. If the patient has not employed counsel,  counsel shall be appointed by the court at least three days before the hearing. If at the time of the petition for evaluation the patient had counsel,  the same attorney should,  if possible,  be appointed to represent the patient at the hearing for court-ordered treatment.
B. The notice provisions of this section cannot be waived.
C. The notice of the hearing shall fix the time and place for the hearing,  which shall be held in the courtroom or other place within the county that the court designates to ensure humane treatment with due regard to the comfort and safety of the patient and others.
D. A copy of the petition,  affidavits in support of the petition and notice of hearing shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-537 - Powers and duties of counsel

36-537.
Powers and duties of counsel
A. The medical director of the agency that conducted the evaluation,  at least seventy-two hours before the hearing,  shall make available to the patient's attorney copies of the petition for evaluation,  the prepetition screening report,  the evaluation report,  the patient's medical records for the current admission and a list of alternatives to court-ordered treatment that are used in similar cases with an explanation of why they are not appropriate or available.
B. The patient's attorney,  for all hearings,  whether for evaluation or treatment,  shall fulfill the following minimal duties:
1. Within twenty-four hours of appointment,  conduct an interview of the patient. The attorney shall explain to the patient the patient's rights pending court-ordered treatment,  the procedures leading to court-ordered treatment,  the standards for court-ordered treatment,  the alternative of becoming a voluntary patient and whether stipulations at the hearing are appropriate. If the attorney is appointed,  the attorney also shall explain that the patient can obtain the patient's own counsel at the patient's own expense and that,  if it is later determined that the person is not indigent,  the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.
2. At least twenty-four hours before the hearing,  review the petition for evaluation,  prepetition screening report,  evaluation report,  petition for treatment,  the patient's medical records and the list of alternatives to court-ordered treatment.
3. At least twenty-four hours before the hearing,  interview the petitioner,  if available,  and the petitioner's supporting witnesses,  if known and available.
4. At least twenty-four hours before the hearing,  interview the physicians or the psychiatric and mental health nurse practitioner who will testify at the hearing,  if available,  and investigate the possibility of alternatives to court-ordered treatment.
C. Failure of the attorney to fulfill at least the duties prescribed by subsection B may be punished as contempt of court.
D. At a hearing held pursuant to this article,  the patient's attorney may enter stipulations on behalf of the patient.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-538 - Independent evaluator

36-538.
Independent evaluator
At all hearings conducted pursuant to sections 36-539,  36-543 and 36-546,  a person has the right to have an analysis of the person's mental condition by an independent evaluator. If the person is unable to afford an evaluation,  the court shall appoint an independent evaluator acceptable to the patient from a list of physicians,  psychiatric and mental health nurse practitioners with sufficient relevant experience as determined by the medical director and psychologists who are willing to accept court-appointed evaluations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-540.02 - Transfer of a person with a grave disability without a guardian from a mental health treatment agency to another health care facility

36-540.02.
Transfer of a person with a grave disability without a guardian from a mental health treatment agency to another health care facility
A. A person who does not have a guardian under section 14-5312.01 and who has been found by the court to have a grave disability and ordered to undergo treatment pursuant to this article may receive care in another health care institution licensed by the department during the course of the person's court-ordered treatment in accordance with administration rules.
B. The director shall adopt rules pertaining to persons described in subsection A of this section to provide for their alternative care in another health care institution licensed by the department during the course of court-ordered treatment. The rules shall allow transfer of patients from a mental health treatment agency to another health care institution,  transfer from one such institution to another and return to a mental health treatment agency.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-541 - Mandatory local treatment; placement at state hospital

36-541.
Mandatory local treatment;  placement at state hospital
A. A patient who is ordered by a court to undergo treatment and who is not hospitalized in the state hospital at the time of the order shall undergo treatment for at least twenty-five days in a local mental health treatment agency that is geographically convenient for the patient before being hospitalized in the state hospital. This section does not apply if the court finds,  at a hearing on court-ordered treatment,  that the patient's present condition and history demonstrate that the patient will not benefit from the required period of treatment in a local mental health treatment agency or that the state hospital provides a program that is specific to the needs of the patient and is unavailable in the local mental health treatment agency,  or when there is no local mental health treatment agency readily available to the patient. Such a finding shall be based at least on the annual written description by the state hospital of programs and services available and appropriate written reports from the medical director of the local mental health treatment agency. The patient may be immediately hospitalized at the state hospital whenever the court determines that this section does not apply.
B. A patient who is ordered by a court to undergo treatment may be admitted for treatment if the patient is accepted by the superintendent of the state hospital for treatment at the state hospital or if the court orders placement at the state hospital pursuant to subsection A or C of this section.
C. During any period of court-ordered treatment,  the medical director of the local mental health treatment agency assigned to supervise and administer the patient's treatment program may file a motion requesting the court to amend the treatment order to place the patient for treatment at the state hospital. After a hearing,  if the court finds that the patient's present condition and history demonstrate that the patient will not benefit from a continued period of treatment in or by a local mental health treatment agency,  either as an inpatient or an outpatient,  or that the state hospital provides a program that is specific to the needs of the patient and is unavailable in a local mental health treatment agency,  and that the least restrictive placement to meet the needs of the patient for the foreseeable future is placement in the state hospital and there is a legally available funded bed in the state hospital,  the court may amend the original treatment order authorizing the placement of the patient at the state hospital pursuant to section 36-540,  subsection A,  paragraph 2 or 3. Within five days after receiving notice from the court,  the superintendent shall notify the court whether a bed is available in the state hospital.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-542 - Discharge of patient at expiration of period ordered by court; change to voluntary status; immunity

36-542.
Discharge of patient at expiration of period ordered by court;  change to voluntary status;  immunity
A. A patient ordered by a court to undergo treatment pursuant to this article shall be discharged from treatment at the expiration of the period of treatment ordered unless one of the following occurs:
1. The person accepts voluntary treatment at the mental health treatment agency.
2. Before the discharge date,  a new petition is filed in the county in which the patient is being treated. The proceedings shall then be governed by this article. The costs of the proceedings shall be a charge against the county in which the patient resided or was found prior to hospitalization.
3. An application for continued court-ordered treatment is granted pursuant to section 36-543.
B. If a patient to be discharged is under guardianship,  the medical director of the mental health treatment agency shall notify the guardian ten days before discharge.
C. If a patient to be discharged is undergoing court-ordered treatment as a result of a petition filed by a prosecutor pursuant to section 13-4517 and the patient is being discharged because the medical director has decided not to file a new petition for court-ordered evaluation or treatment or has decided not to request the court to order that the previous order for treatment be continued,  the patient may not be discharged or released from treatment before compliance with section 36-541.01.
D. The medical director is not civilly liable for any acts committed by a released or discharged patient if the medical director has in good faith followed the requirements of this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545 - Voluntary admissions to the state hospital; reimbursements; indigents

36-545.
Voluntary admissions to the state hospital;  reimbursements;  indigents
The director shall establish the amount which will fully reimburse the state for the expense of examining,  evaluating,  treating and maintaining the patient. The state hospital shall charge the patient all or such portion of the established amount as the patient can afford. If the patient is indigent,  no charge shall be made. The state hospital shall require prompt payment of the charge.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.02 - State hospital reimbursements; disposition of funds

36-545.02.
State hospital reimbursements;  disposition of funds
All monies collected pursuant to sections 36-545 and 36-545.01 for examination,  evaluation,  treatment and maintenance of patients shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.03 - Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility

36-545.03.
Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility
All costs in connection with a patient hospitalized in a private or voluntary nonprofit facility,  including costs for evaluation,  shall be borne by the patient,  his parents,  spouse,  guardian or estate and shall not be a charge against the state or county except as provided in section 36-545.05.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.04 - Costs of court proceedings; compensation for evaluation and testimony

36-545.04.
Costs of court proceedings;  compensation for evaluation and testimony
A. Except as provided in this chapter,  costs of court proceedings and cost of services provided by a county pursuant to article 4 are a charge against the county in which the patient resided or was found before hospitalization. The clerk of the superior court in the county where the proceedings are held shall certify to the board of supervisors of the county where the patient resided or was found before hospitalization that such proceedings were held and the amount of the balance of the incurred costs.
B. If a physician,  psychologist,  psychiatric and mental health nurse practitioner or social worker is not otherwise compensated for evaluating a person or for testifying at a hearing,  or both,  the physician,  psychologist,  nurse practitioner or social worker shall be paid by the county,  an amount determined reasonable by the court,  subject to the same limitations as imposed on compensation for attorneys in hearings,  as provided by section 13-4013. These payments shall be made as a part of the costs of court proceedings as in subsection A of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.05 - Treatment by agencies under administration contract; charges; voluntary evaluations; prepetition screenings; court-ordered evaluations; prohibitions

36-545.05.
Treatment by agencies under administration contract;  charges;  voluntary evaluations;  prepetition screenings;  court-ordered evaluations;  prohibitions
A. When a person is given a prepetition screening,  or a court-ordered evaluation by a screening agency or evaluation agency pursuant to article 4 of this chapter,  the person shall not be charged.
B. When a person is given a voluntary evaluation pursuant to section 36-522,  the person shall pay all or such portion of the established charges as the person can afford. If the person is indigent,  charges may not be made against the person.
C. When a patient is given voluntary treatment pursuant to article 3 of this chapter or court-ordered treatment pursuant to article 5 of this chapter,  the patient or proposed patient shall pay all or such portion of the established charges as the patient can afford. If the patient is indigent,  no charges shall be made against the patient.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.06 - County services

36-545.06.
County services
A. Each county,  or any combination of counties,  shall provide directly or by contract the services of a screening agency and an evaluation agency for the purposes of this chapter.
B. On a request made by a resident of the county pursuant to this chapter,  a county shall be required to provide screening or evaluation.
C. Each county shall coordinate the provision of mental health services required pursuant to this section with the administration or as delegated by the administration to a regional behavioral health authority.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.07 - Contracts between the administration and screening agencies, evaluation agencies and mental health treatment agencies; services; plan

36-545.07.
Contracts between the administration and screening agencies,  evaluation agencies and mental health treatment agencies;  services;  plan
A. The administration may enter into contracts with screening agencies,  evaluation agencies and mental health treatment agencies to provide prepetition screenings,  court-ordered evaluations,  voluntary evaluations,  treatment of voluntary patients and treatment of patients under section 36-524 regardless of the ability of the patient or proposed patient to pay. A county may be a party to a contract as a provider of services or as a party making payments to an agency to provide services on the part of the county. The state hospital may be included in the contract as a provider of services and may receive consideration not inconsistent with law.
B. Contracts to provide services as in subsection A of this section shall be entered into in accordance with a plan of the administration. This plan shall be developed in accordance with the state comprehensive health plan and in accordance with a plan of the local health planning agency submitted to and approved by the director,  except as provided in subsection C of this section.
C. If there is no recognized local health planning agency or if the local health planning agency does not submit a plan that will,  in the judgment of the director,  fulfill the requirements for services of subsection A of this section,  the director may develop a plan and require that it be followed in lieu of a plan of the local health planning agency. The plan of the director shall be adopted after holding a hearing and fulfilling the requirements of title 41,  chapter 6.
D. If monies at the disposal of the administration are used for services as in subsection A of this section,  the contract shall conform to the requirements of section 36-189,  subsection B.
E. A contract to provide services as in subsection A of this section shall specify the services to be provided as to their nature,  quality,  purpose,  number,  extent and limitations,  if any,  or any other requirements the administration deems necessary for the proper administration of services under the plan of the administration.
F. A contract may specify that the county's participation fulfills in full or in part the requirements of the county to provide services under section 36-545.06 and the requirements of the county to pay the cost of services under section 36-545.04.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.08 - Arizona state hospital fund; purpose

36-545.08.
Arizona state hospital fund;  purpose
A. The Arizona state hospital fund is established for the purposes prescribed in section 36-545.01,  subsection I. The department of health services shall administer the fund. The fund consists of the following:
1. Monies reimbursed by the federal government under title XIX of the social security act for services provided at the state hospital.
2. Monies collected pursuant to section 36-3410 for services to clients at the state hospital.
3. Monies collected from counties for the cost of a defendant's inpatient competency restoration treatment.
B. The department shall deposit monies collected pursuant to subsection A of this section into three separate accounts.
C. Monies in the fund deposited under subsection A,  paragraphs 1 and 3 of this section are subject to legislative appropriation and are designated for state hospital operations. Monies in the fund deposited under subsection A,  paragraph 2 of this section are a continuing appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund deposited under subsection A,  paragraph 3 of this section remaining unexpended and unencumbered at the end of the fiscal year revert to the state general fund. Monies in the fund deposited under subsection A,  paragraph 1 of this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-545.09 - Building renewal fund; purpose

36-545.09.
Building renewal fund;  purpose
Subject to legislative approval a building renewal fund is established for the purpose of major maintenance of the state owned properties located at 1930 east 6th street and 2075 north 6th avenue,  Tucson,  Arizona. The building renewal fund shall be subject to legislative appropriation. The fund shall consist of monies collected from the lease of these properties. The department of health services shall administer the fund. Fund monies are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550 - Definitions

36-550.
Definitions
In this article,  unless the context otherwise requires:
1. " Administration"  means the Arizona health care cost containment system administration.
2. " Community residential treatment system"  means a statewide system of community-based residential treatment programs for the seriously mentally ill that provides a wide range of services as alternatives to institutionalization and in the least restrictive setting.
3. " Director"  means the director of the administration.
4. " Seriously mentally ill"  means persons who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. In these persons mental disability is severe and persistent,  resulting in a long-term limitation of their functional capacities for primary activities of daily living such as interpersonal relationships,  homemaking,  self-care,  employment and recreation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.01 - Statewide plan for community residential treatment

36-550.01.
Statewide plan for community residential treatment
A. The director shall establish a statewide plan for a community residential treatment system. The plan shall provide for a statewide system of mental health residential treatment programs that provides to the seriously mentally ill a wide range of programs and services,  as identified in section 36-550.05,  as alternatives to institutional care.
B. The statewide plan shall include the following elements:
1. A description on a county-by-county basis of the current programs and service delivery mechanisms providing services to the seriously mentally ill.
2. An identification of areas within the state where multiple jurisdictions could participate in program delivery utilizing intergovernmental contracts.
3. Goals,  objectives and priorities for the delivery of such services and methods to evaluate program effectiveness of goals,  objectives and priorities.
4. Cooperation with the counties to develop and maintain a coordinated system for delivery of residential care.
5. Methods for estimating the need for community residential treatment services and for allocating state monies according to that need.
C. The director may establish rules as are necessary for the implementation of this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.02 - County responsibilities in statewide planning process

36-550.02.
County responsibilities in statewide planning process
A. Each county shall be responsible for developing an individual county profile of existing programs,  needs and goals for consideration by the director for inclusion within the statewide plan as required in section 36-550.01.
B. The director,  on receipt of the county profile required in subsection A of this section,  shall incorporate those portions compatible with the statewide plan,  and,  in cooperation with the county,  modify those portions of the profile determined by the director to be incompatible with the statewide plan.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.03 - Statewide plan implementation; contract requirements; exception

36-550.03.
Statewide plan implementation;  contract requirements;  exception
A. On establishment of the statewide plan for a community residential treatment system as required in section 36-550.01,  the director shall provide for the delivery of such programs and services,  utilizing all monies identified and available for the seriously mentally ill,  in the following manner:
1. Provide such programs and services directly through the administration or by contract with other public or private agencies.
2. Contract with individual counties to provide programs and services directly or by contract with other public or private agencies.
3. Provide for programs and services by any combination of service delivery mechanisms as prescribed in paragraphs 1 and 2 of this subsection.
B. The director may use any monies available to the administration for the purposes of this article to provide for the establishment and maintenance of community residential treatment programs and services. If the director contracts with a county as prescribed in subsection A of this section,  the director may require not more than a twenty-five percent match of local or other monies. The matching requirement for local or other monies may be provided by either direct funding or by in-kind services.
C. If the programs and services prescribed in subsection A of this section are provided through a contract with a private agency,  the director shall not require matching monies as a condition for a contract to provide services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.04 - Evaluation system; contract requirements

36-550.04.
Evaluation system;  contract requirements
A. The director shall develop and implement an evaluation system that includes program planning and development,  fiscal and data management and contract administration.
B. A county that desires to contract with the administration to deliver programs and services as provided by this article may initiate such a contract on a majority vote of the county's board of supervisors. The contract may be implemented directly by the county or indirectly by contract with other public or private nonprofit agencies.
C. Any county contracting with the administration shall meet the evaluation requirements established by the director pursuant to subsection A of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.06 - Client eligibility

36-550.06.
Client eligibility
A. The seriously mentally ill are eligible for services under this article if they comply with the eligibility screening and application process prescribed in section 36-3408,  and under any of the following circumstances:
1. They voluntarily seek the services.
2. The regional behavioral health authority receives a request for these services from a guardian who is authorized to consent to inpatient treatment pursuant to section 14-5312.01.
3. A court orders that they receive the services.
4. The chief medical officer of the Arizona state hospital recommends they receive such services.
B. Programs and services identified in section 36-550.05 may include purchase of care support payments to persons to supplement social security,  supplemental security income or United States department of veterans affairs disability payments,  and client fees when available.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.07 - Community residential treatment system planning grants

36-550.07.
Community residential treatment system planning grants
A. The director may award grants to counties to facilitate the planning of community residential treatment systems for the seriously mentally ill at the local level. The grants shall be used to compensate personnel for the preparation of a written plan that includes the following information:
1. An estimate of the need for residential treatment services in the area.
2. A survey of all existing residential treatment and day or socialization programs in the area to be served by the system.
3. An identification of those residential treatment programs needed to provide the continuum of residential treatment programs described in this article and strategy to encourage their development.
4. A statement on the relationship of the proposed services to the long-range behavioral health development plans.
5. A financial estimate of the costs for system planning,  development and operation.
6. An estimate of the availability of resources,  including health manpower and management personnel.
7. An analysis of the availability of alternative,  less costly or more effective methods to provide the services.
B. The director shall establish criteria for determining the eligibility of county applicants for community residential treatment system planning grants. The criteria may include requiring each county applicant to provide local matching monies for community residential treatment system planning. If local matching monies are required,  the matching requirement for state monies is seventy-five percent state and twenty-five percent from local or other sources.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-552 - Developmental disabilities function; expenditure limitation

36-552.
Developmental disabilities function;  expenditure limitation
A. The department shall function as the developmental disabilities authority for the state of Arizona.
B. No provisions of this chapter shall be construed to give the department control of lawful activities of other governmental agencies or of activities of the universities or colleges of this state in the field of developmental disabilities,  unless by specific contract or agreement therefor.
C. Subject to annual legislative appropriation and other available funding,  the department shall provide a wide variety of developmental disability programs and services throughout the state in response to the wide range of developmental disability conditions,  the capabilities of persons with developmental disabilities and the presence of other disabling conditions for persons with developmental disabilities.
D. The department may contract with other state agencies and with private agencies to provide the developmental disabilities program or service.
E. The total amount of state monies that may be spent in any fiscal year by the department for developmental disabilities services pursuant to this chapter shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter shall not be construed to impose a duty on an officer,  agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-555 - Coordination of programs by department with special education programs

36-555.
Coordination of programs by department with special education programs
A. The department may conduct jointly,  directly or indirectly,  with a school district the placement evaluation of a person with a developmental disability who has applied for or is receiving developmental disability programs or services from the department and who is either enrolled or in the process of being evaluated for enrollment in a special education program or may contract with such school district to provide the evaluation for the school district or to have the school district provide the placement evaluation for the department. With consent of the parent the evaluation information may be shared by and among department of economic security and department of education personnel,  or personnel from the local education agency,  for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415).
B. The department shall coordinate its development of an individual program plan for a person with a developmental disability who has applied for or who is receiving developmental disability programs or services provided directly or indirectly by the department with the school district in which the person with a developmental disability is enrolled with the school district's development of an individual education program plan for such person.
C. When a child with a developmental disability has received developmental disabilities programs or services provided directly or indirectly by the department,  upon request of the responsible person or the school district in which the child is enrolled,  the department shall provide follow-up placement evaluation and case management services for the child with a developmental disability for a period of six months after the child has become enrolled in the school district.
D. During the one-year period prior to the graduation or other termination of school attendance by a person with a developmental disability,  the department shall,  upon the request of the responsible person,  provide placement evaluation and case management services for such person. Such evaluation shall consider the person's needs for housing,  employment training,  employment and support services.
E. The department of economic security shall coordinate the residential placement of all school-age persons with developmental disabilities in residential housing facilities operated or supported by the department of economic security with the school districts in which such residential facilities will be located and with the department of education in a manner which will make best use of existing programs and facilities and operational capabilities and which will not cause serious overcrowding of school facilities or programs.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-556 - Coordination with department of health services; duties of department

36-556.
Coordination with department of health services;  duties of department
The department of economic security shall coordinate with the department of health services in:
1. The development of specialized programs for persons with developmental disabilities at the state hospital.
2. Planning and providing residential care services and related child,  adult and resource services for persons with developmental disabilities on their discharge from the state hospital,  in accordance with section 36-560. The department of health services shall provide the department of economic security with notice fifteen days before discharge.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-558.01 - Operation, support and supervision of child developmental homes and foster homes; duties of department

36-558.01.
Operation,  support and supervision of child developmental homes and foster homes;  duties of department
A. The department shall operate directly or support and supervise child developmental homes and foster homes licensed pursuant to title 8,  chapter 4,  article 4 to provide specialized foster care to persons with developmental disabilities. Such homes shall be operated for persons placed pursuant to sections 8-514.01 and 8-845 and for appropriate placements for persons for whom an application for residential services has been made to the department.
B. In furtherance of its responsibility pursuant to subsection A of this section,  the department shall recruit,  license and support such homes in accordance with this chapter,  maintain regular supervision of such homes and such placements,  conduct training programs for the staff of such homes and develop the program and service standards for persons with developmental disabilities to be placed in such homes.
C. Foster homes supported by the department shall be paid for each person with a developmental disability placed in the home an amount determined by the department based on the type of developmental disability and the consequent need for programs and services of each person so placed.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-559 - Eligibility for developmental disabilities programs, services and facilities

36-559.
Eligibility for developmental disabilities programs,  services and facilities
A. Except as provided in subsection B of this section,  a person with a developmental disability is eligible to apply for developmental disabilities programs,  services and facilities operated by,  licensed and supervised by or supported by the department if such person:
1. Is a bona fide resident of the state of Arizona.
2. Is a person with a developmental disability as defined in this chapter and provides medical and psychological documentation of such developmental disability utilizing tests which are culturally appropriate and valid,  or is an infant and as a result of tests performed pursuant to section 36-694,  or other appropriate tests,  there is strongly demonstrated potential that the infant has a developmental disability or will have a developmental disability.
B. After the department conducts preadmission screening pursuant to section 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29,  article 2 of this title,  the person shall be referred to the Arizona health care cost containment system administration for an eligibility determination pursuant to section 36-2933,  if either of the following applies:
1. The person is a new applicant who is not receiving services and applies for services pursuant to this chapter.
2. The person is eligible for services pursuant to this chapter and would receive services,  other than case management,  if state funding were available.
C. A person who is referred to the Arizona health care cost containment system administration shall first be determined eligible or ineligible for the Arizona long-term care system,  pursuant to chapter 29,  article 2 of this title,  before receiving services pursuant to this chapter. Applicants who voluntarily refuse to cooperate in the eligibility process are not eligible for services pursuant to this chapter. An applicant's or current service recipient's refusal to establish or convert an estate or trust pursuant to section 36-2934.01 shall be deemed a voluntary refusal to cooperate. A form explaining loss of benefits due to a voluntary refusal to cooperate shall be signed by the applicant or current service recipient. Voluntary refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination.
D. The department shall determine eligibility. If the person is not eligible,  the department of economic security shall refer the person to the department of health services for treatment as directed by the court to coordinate necessary and reasonable services. Services provided pursuant to this subsection are subject to the availability of funding.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-561 - Prohibiting certain treatment or drugs; use of aversive stimuli

36-561.
Prohibiting certain treatment or drugs;  use of aversive stimuli
A. No psychosurgery,  insulin shock or electroshock treatment or experimental drugs shall be administered by the department to any client,  nor shall the department license,  approve or support any program or service which uses such treatment or drugs.
B. The department shall adopt rules and regulations specifying the aversive stimuli used for any developmental disabilities program or service provided directly by,  licensed and supervised by,  or supported by the department. Copies of such rules and regulations shall be made available to all parents,  guardians,  applicants and clients participating in placement evaluations. The department shall provide at least sixty days notice to all responsible persons prior to implementing any modification to such rules and regulations. No aversive stimuli shall be used or permitted by the department in any such program or service except in accordance with the adopted rules and regulations and the client's individual program plan.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-563 - Review and appeal; hearing

36-563.
Review and appeal;  hearing
A. This section governs the review and appeal procedure for decisions relating to the admission,  evaluation,  assignment to programs and services,  care and treatment,  discharge from a program or service provided through the department and contributions for residential programs or services provided through the department.
B. Notice of the appeal rights provided pursuant to this section shall be given to all parties to each placement evaluation and to each interested person upon request.
C. The director shall adopt rules to establish procedures for initial,  informal administrative review and redetermination by the department of the decisions specified in subsection A of this section. These rules shall specify the manner by which requests for administrative reviews are filed,  the person with whom requests are filed,  whether and under what circumstances meetings of department representatives and the person filing the request are required to be held to consider requests for review and the time periods governing requests and which govern decisions on these requests. These rules may prescribe forms to be used in initiating requests for administrative review.
D. Further administrative appeals from decisions of the department subject to the procedures specified in subsection C of this section and on other contested cases are governed by title 41,  chapter 14,  article 3.
E. Services required pursuant to section 36-559,  subsection D shall be directed by the courts.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-564 - Guardianship

36-564.
Guardianship
A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to title 14,  chapter 5,  articles 1,  2,  3 and 6.
B. The department shall request the appointment of a guardian for minor clients receiving services under the provisions of this chapter if no parent is willing and competent to act,  and shall request the appointment of a guardian for adult clients receiving services under the provisions of this chapter if it appears that the appointment of a guardian would be in the client's best interests in accordance with section 14-5304.
C. When no person or corporation is qualified and willing to act as guardian for a client,  the department shall notify the public fiduciary of the county where the client is receiving services of the need for appointment of a guardian.
D. Guardianship or conservatorship for persons with developmental disabilities shall be utilized only as is necessary to promote the well-being of the individual,  be designed to encourage the development of maximum self-reliance and independence in the individual,  and shall be ordered only to the extent necessitated by the individual's actual mental,  physical and adaptive limitations.