Terms Used In Arizona Laws > Title 36 > Chapter 5.1 > Article 1 - Administration and Regulation

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Adaptive behavior: means the effectiveness or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group. See Arizona Laws 36-551
• 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

• Advisory council: means the developmental disabilities advisory council. See Arizona Laws 36-551
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arizona training program facility: means a state-operated institution for clients of the department with developmental disabilities. See Arizona Laws 36-551
• Autism: means a condition characterized by severe disorders in communication and behavior resulting in limited ability to communicate, understand, learn and participate in social relationships. See Arizona Laws 36-551
• Behavioral-supported group home: means a community residential setting that meets all of the following:

  (a) Is for not more than six persons with developmental disabilities. See Arizona Laws 36-551

• Bequest: Property gifted by will.
• Case management: means coordinating the assistance needed by persons with developmental disabilities and their families in order to ensure that persons with developmental disabilities attain their maximum potential for independence, productivity and integration into the community. See Arizona Laws 36-551
• Case manager: means a person who coordinates the implementation of the individual program plan of goals, objectives and appropriate services for persons with developmental disabilities. See Arizona Laws 36-551
• Cerebral palsy: means a permanently disabling condition resulting from damage to the developing brain that may occur before, after or during birth and that results in loss or impairment of control over voluntary muscles. 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
• Cognitive disability: means a condition that involves subaverage general intellectual functioning, that exists concurrently with deficits in adaptive behavior manifested before the age of eighteen and that is sometimes referred to as intellectual disability. See Arizona Laws 36-551
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent: means voluntary informed consent. See Arizona Laws 36-551
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Daily habilitation: means habilitation as defined in this section, except that the method of payment is for one unit per residential day. See Arizona Laws 36-551
• Department: means the department of economic security. 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

• Devise: To gift property by will.
• Director: means the director of the department of economic security. See Arizona Laws 36-551
• Division: means the division of developmental disabilities in the department of economic security. See Arizona Laws 36-551
• Down syndrome: means a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21, affecting a person's cognitive and physical abilities and causing developmental issues. See Arizona Laws 36-551
• Epilepsy: means a neurological condition characterized by abnormal electrical-chemical discharge in the brain. See Arizona Laws 36-551
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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
• Habilitation: means the process by which a person is assisted to acquire and maintain those life skills that enable the person to cope more effectively with personal and environmental demands and to raise the level of the person's physical, mental and social efficiency. See Arizona Laws 36-551
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• 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
• Intermediate care facility for individuals with intellectual disabilities: means a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board or supervisory care services or personal care services as defined in section 36-401. See Arizona Laws 36-551
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Least restrictive alternative: means an available program or facility that fosters independent living, that is the least confining for the client's condition and that provides service and treatment in the least intrusive manner reasonably and humanely appropriate to the individual's needs. See Arizona Laws 36-551
• Likely to continue indefinitely: means that the developmental disability has a reasonable likelihood of continuing for a protracted period of time or for life. See Arizona Laws 36-551
• Manifested before the age of eighteen: means that the disability must be apparent and have a substantially limiting effect on a person's functioning before the age of eighteen. See Arizona Laws 36-551
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Physician: means a person who is licensed to practice pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 36-551
• Placement evaluation: means an interview and evaluation of a person with a developmental disability and a review of the person's prior medical and program histories to determine the appropriate developmental disability programs and services for the person and recommendations for specific program placements for the person. See Arizona Laws 36-551
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Psychologist: means a person who is licensed pursuant to title 32, chapter 19. See Arizona Laws 36-551
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respite services: means services that provide a short-term or long-term interval of rest or relief to the care provider of a person with a developmental disability. See Arizona Laws 36-551
• Responsible person: means the parent or guardian of a minor with a developmental disability, the guardian of an adult with a developmental disability or an adult with a developmental disability who is a client or an applicant for whom no guardian has been appointed. See Arizona Laws 36-551
• Service provider: means a person or agency that provides services to clients pursuant to a contract, service agreement or qualified vendor agreement with the division. See Arizona Laws 36-551
• State operated service center: means a state owned or leased facility that is operated by the department and that provides temporary residential care and space for child and adult services that include respite care, crisis intervention and diagnostic evaluation. See Arizona Laws 36-551
• Subaverage general intellectual functioning: means measured intelligence on standardized psychometric instruments of two or more standard deviations below the mean for the tests used. See Arizona Laws 36-551
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the process by which the activities of an individual with developmental disabilities are directed, influenced or monitored. See Arizona Laws 36-551
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215