Sections
Article 1 Administration and Regulation 36-551 – 36-575
Article 2 Developmental Disabilities 36-581 – 36-582
Article 3 Licensing and Monitoring of Community Residential Settings 36-591 – 36-595.02
Article 4 Third Party Liability Program 36-596 – 36-596.01
Article 5 Family Support 36-596.51 – 36-596.57

Terms Used In Arizona Laws > Title 36 > Chapter 5.1

  • Adaptive behavior: means the effectiveness or degree to which the individual 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.
  • 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
  • Bequest: Property gifted by will.
  • Board: means the police pension board. See Arizona Laws 9-911
  • 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 certified home: means a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 and that is certified by the department pursuant to section 36-593. 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
  • Community residential setting: means a residential setting in which persons with developmental disabilities live and are provided with appropriate supervision by the service provider responsible for the operation of the residential setting. 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of economic security. See Arizona Laws 36-551
  • Department: means the police department. See Arizona Laws 9-911
  • Dependent: A person dependent for support upon another.
  • Developmental disability: means either a strongly demonstrated potential that a child 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 cognitive disability, cerebral palsy, epilepsy 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
  • District: means an administrative area of this state designated by the division of developmental disabilities in the department of economic security. See Arizona Laws 36-596.51
  • Division: means the division of developmental disabilities in the department of economic security. 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.
  • Family: means a group that lives together and that consists of at least one person with a developmental disability and that person's parent. See Arizona Laws 36-596.51
  • Family support: means services, supports and other assistance that are provided to families with members who have a developmental disability and that are designed to:

    (a) Strengthen the family's role as a primary care giver. See Arizona Laws 36-596.51

  • Family support subsidy: means a grant that is provided to a family on behalf of a family member with a developmental disability or directly to an individual with a developmental disability for the purchase of services or necessities required to keep the family member or the individual in the family home or their own home or noninstitutional setting. See Arizona Laws 36-596.51
  • Family support voucher: means an authorization of payment for services. See Arizona Laws 36-596.51
  • 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.
  • Fund: means the police pension fund. See Arizona Laws 9-911
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the city commission, city or town council or other governing body of the municipality. See Arizona Laws 9-911
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Group home: means a community residential setting for not more than six persons with developmental disabilities that is operated by a service provider under contract with the department and that provides room and board and daily habilitation and other assessed medically necessary services and supports to meet the needs of each person. 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
  • 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
  • independence: means the extent to which individuals with developmental disabilities and their families exert control and choice over their own lives. See Arizona Laws 36-596.51
  • 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
  • Individual program plan team: means a group of people interested in or providing individual support to:

    (a) An individual with a developmental disability. See Arizona Laws 36-596.51

  • Individual support: means services, supports and other assistance that enables a person with a developmental disability to be independent, productive and integrated in that person's community and that is designed to:

    (a) Enable the person to control that person's environment and have the most independent life possible. See Arizona Laws 36-596.51

  • Integration: means that persons with developmental disabilities and their families:

    (a) Participate in the same community activities and employment as those persons without disabilities. See Arizona Laws 36-596.51

  • 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
  • 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 where service and treatment are provided in the least intrusive manner reasonably and humanely appropriate to the individual's needs. See Arizona Laws 36-551
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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 the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: includes a guardian, a legal custodian and a person acting in the place of a parent. See Arizona Laws 36-596.51
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. 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
  • Productivity: means engagement in income producing work that is measured through improvements in income level, employment status or job advancement or engagement in work that contributes to a household or community. See Arizona Laws 36-596.51
  • 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.
  • Residential facility: means a home in which persons with developmental disabilities live and that is licensed, operated, supported or supervised by the department. See Arizona Laws 36-581
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Statute: A law passed by a legislature.
  • 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