A. The developmental disabilities advisory council is established consisting of the following members:

Terms Used In Arizona Laws 36-553

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advisory council: means the developmental disabilities advisory council. See Arizona Laws 36-551
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Client: means a person receiving developmental disabilities services from the department. 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

  • 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
  • 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.
  • 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
  • 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
  • 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
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • 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.

1. One parent or guardian of a child who is under eighteen years of age and who has a developmental disability.

2. One parent or guardian of a child who is eighteen years of age or older and who has a developmental disability.

3. One parent of a child who is served through the Arizona early intervention program.

4. One member of the private sector who represents an agency that is certified to provide in-home services to persons with developmental disabilities.

5. Two members of the private sector who are contracted with the division to deliver services to persons with developmental disabilities, one who represents a provider of residential services and one who represents a provider of adult day services including employment services.

6. Two members with a developmental disability who receive services from the division.

7. Two members who each represent a different developmental disability advocacy organization.

8. One member who is from the designated protection and advocacy organization.

9. One member who represents a nonprofit organization providing direct advocacy to families with children with developmental disabilities.

10. The director of the Arizona health care cost containment system administration or the director’s designee. This person is a nonvoting member.

11. The assistant director of the division of developmental disabilities. This person is a nonvoting member.

12. One member who is from the developmental disabilities planning council.

13. One member who represents foster parents of children with developmental disabilities.

14. One member from the independent oversight committee on persons with developmental disabilities established by section 41-3801.

B. The governor shall appoint all voting members. Voting members and their families shall not be employees of the department of economic security. In making these appointments, the governor shall select at least five members who are clients or guardians, parents or other family members of persons with developmental disabilities. One of these five voting members shall represent a person who is eligible for long-term care services pursuant to chapter 29, article 2 of this title. The governor shall also consider geographic representation in making these appointments.

C. Council members who are appointed pursuant to subsection A, paragraphs 1 through 9 and 13 and 14 of this section shall serve staggered three-year terms. Members may not serve more than two full terms. A vacancy occurring on the council shall be filled by the governor appointing another qualified person to serve the remainder of the term.

D. The council chairman shall be chosen annually by a majority vote of the council. A majority of voting council members constitutes a quorum.

E. The council shall meet in each district at least once a year. The council’s annual in-district meetings shall be separate from any other division meeting.

F. The division must allow the council up to thirty days to review new policies and major policy changes before the division submits the policies or changes for public comment. The division may submit policies or changes for public comment before thirty days if the council confirms it has had adequate time to review the policies or changes. Division staff shall be available to the council to answer questions and review the proposed changes before the changes are submitted for public comment.

G. The council shall review auditor general reports regarding the division and services provided by the department of health services.

H. Council members are not eligible to receive compensation, but council members appointed pursuant to subsection A, paragraphs 1 through 9 and 13 and 14 of this section are eligible to receive reimbursement of expenses pursuant to Title 38, Chapter 4, Article 2. The department shall provide the same accommodations for all members of the council when travel is necessary for council business.

I. The council shall review and make recommendations to the division regarding:

1. Coordinating and integrating services provided by state agencies and providers that have contracted with state agencies to provide developmental disability programs.

2. The health, safety, welfare and legal rights of persons with developmental disabilities.

3. The division’s plan for service delivery and improvement.

4. Establishing and reviewing division policies and programs.

5. The cost-effectiveness of division services.

6. Assessing the division’s annual needs.

7. Selecting the assistant director of the division.

8. Monitoring the division’s annual budget.

9. The sale or lease of the real property and improvements on the real property formerly used by the department of economic security for the Arizona training program in Phoenix.

J. At the beginning of each fiscal year, the council shall adopt a master agenda that schedules each item prescribed in subsection I of this section and shall notify the appropriate agencies in order for the agencies to provide and present information to the council. Division staff shall assist the council in preparing the annual report that includes the council’s findings and recommendations relating to the information the council received regarding the items prescribed in subsection I of this section.

K. The department of administration shall annually educate the council members and division staff on the purpose of the council, council statutes and open meetings laws.

L. The council shall oversee and approve expenditures of monies from the client developmental disability services trust fund established by section 36-572 following expenditure guidelines established by the council.

M. The council shall provide the public with an opportunity to address the council at regularly publicized meetings.

N. The council shall submit an annual report of activities to the director, the governor, the president of the senate and the speaker of the house of representatives by December 31 of each year and shall provide a copy of this report to the secretary of state.

O. The department shall make meeting space available to the developmental disabilities advisory council at locations and times convenient to the council and shall provide secretarial and other staff support.

P. The division shall post in a prominent and accessible manner on its public website all of the following:

1. Scheduled meetings of the council, including in-district meetings.

2. The council’s meeting minutes.

3. The council’s annual reports.

Q. The department shall delineate in its annual budget request a separate line item for the council. The council shall be delineated as a separate line item in the general appropriations act.

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