Arizona Laws 36-569. Prohibitions; violations; classification
A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited. For the purposes of this section:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 36-569
- Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
- Developmental disability: means either a strongly demonstrated potential that a child who is under six years of age has a developmental disability or will develop a developmental disability, as determined by a test performed pursuant to section 36-694 or by other appropriate tests, or a severe, chronic disability that:
(a) Is attributable to a cognitive disability, cerebral palsy, epilepsy, down syndrome or autism. See Arizona Laws 36-551
- Individual program plan: means a written statement of services to be provided to a person with developmental disabilities, including habilitation goals and objectives, that is developed following initial placement evaluation and revised after periodic evaluations. See Arizona Laws 36-551
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
1. "Abusive treatment" means:
(a) Physical abuse by inflicting pain or injury to a client. This includes hitting, kicking, pinching, slapping, pulling hair or any sexual abuses.
(b) Emotional abuse which includes ridiculing or demeaning a client, making derogatory remarks to a client or cursing directed toward a client.
(c) Programmatic abuse which is the use of an aversive stimuli technique that has not been approved as a part of such person’s individual program plan and which is not contained in the rules and regulations adopted pursuant to subsection B of section 36-561. This includes isolation or restraint of a client.
2. "Neglect" means:
(a) Intentional lack of attention to physical needs of clients such as toileting, bathing, meals and safety.
(b) Intentional failure to report client health problems or changes in health condition to immediate supervisor or nurse.
(c) Sleeping on duty or abandoning work station.
(d) Intentional failure to carry out a prescribed treatment plan for a client.
B. A person who violates any provision of this section is guilty of a class 2 misdemeanor.