Arizona Laws 36-592. Adult developmental homes; child developmental homes; licensure requirements; inspections; investigations; third-party contractors; rules; definitions
A. An adult developmental home or child developmental home shall be licensed pursuant to this article.
Terms Used In Arizona Laws 36-592
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Adult developmental home: means a residential setting in a family home in which the care, physical custody and supervision of the adult client are the responsibility, under a twenty-four-hour care model, of the licensee who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three adults with developmental disabilities:
(a) Room and board. See Arizona Laws 36-551
- Child developmental home: means a residential setting in a family home in which the care and supervision of the child are the responsibility, under a twenty-four-hour care model, of the licensee who serves as the developmental home provider of the child in the home setting and who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three children with developmental disabilities:
(a) Room and board. See Arizona Laws 36-551
- Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of economic security. See Arizona Laws 36-551
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312. See Arizona Laws 36-551
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Oversight: Committee review of the activities of a Federal agency or program.
B. An applicant for an adult developmental home or child developmental home license shall submit an application on a form prescribed by the department.
C. Before issuing or renewing a license to an applicant, the department shall investigate the activities and standards of care within the setting, the financial stability of the applicant, the character and training of the applicant and the adequacy of services. Before issuing or renewing a license, the department shall determine that the applicant is able to meet the emotional, physical, social, developmental, educational, cultural and intellectual needs of clients. The department by rule shall establish standards for licensure. The department shall maintain a system of independent oversight of licensing. The department may contract with third parties to perform services in connection with oversight and licensing. The department may not contract with the same third party for both oversight and licensure under this subsection.
D. Each license shall state in general terms the kind of setting the licensee is authorized to operate and shall prescribe the number, ages and sex of clients.
E. A licensee that holds an adult developmental home or child developmental home license shall:
1. Comply with applicable health, safety and sanitation codes or standards and document its compliance.
2. File reports as prescribed by the department.
3. Allow the department to inspect or monitor its services and facility and the facility’s books and records.
4. Comply with rules adopted by the department.
5. Provide for the health, safety and welfare of the licensee’s clients.
6. Allow the inspection of the developmental home at reasonable times pursuant to Section 36-595.01.
F. A license expires one year from the date of issuance.
G. For each adult developmental home and child developmental home, the department shall:
1. Annually visit and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. The department shall take any action it deems necessary to carry out the duties imposed by this section, including denying the application for licensure and suspending or revoking the home’s license.
2. Monitor the settings for compliance with health, safety, contractual, programmatic and quality assurance standards at least two times per year. The department shall maintain a system of independent oversight of monitoring. The department may enter into a contract with third parties to perform services in connection with oversight and monitoring. The department may not contract with the same third party for both oversight and monitoring under this paragraph.
3. Investigate a complaint within ten working days after receiving notice of the complaint, except that if there is a danger to a client, the department shall conduct the investigation immediately.
4. Notify the parent or guardian of a developmental home resident of any serious incident or complaint at the developmental home involving the client for whom the parent or guardian is responsible.
H. The department shall establish by rule minimum qualifications, responsibilities and oversight for licensing and monitoring adult developmental homes and child developmental homes. The rules regarding minimum qualifications shall address professional judgment, conflicts of interest and training. The rules shall establish the frequency and type of visits for licensing and monitoring, maximum caseload ratios for those performing licensing and monitoring services and a system for appropriate public access to information regarding licensing and monitoring findings.
I. The department may contract with the same third party to perform services in connection with licensing and monitoring an adult developmental home or a child developmental home.
J. For the purposes of this section:
1. "Licensing" includes recruiting and verifying qualifications of applicants.
2. "Monitoring" includes monitoring health, safety, contractual, programmatic and quality assurance standards of an adult developmental home or child developmental home.