36-551

36-551. Definitions

In this chapter, unless the context otherwise requires:

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.

2. "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.

(b) Habilitation.

(d) Appropriate supervision.

3. "Adult household member" means a person who is at least eighteen years of age
and who resides in an adult developmental home, child developmental foster home, secure
setting or home and community based service setting for at least thirty days or who
resides in the household throughout the year for more than a cumulative total of thirty
days.

4. "Advisory council" means the developmental disabilities advisory council.

5. "Arizona training program facility" means a state operated institution for
developmentally disabled clients of the department.

6. "Attributable to cognitive disability, epilepsy, cerebral palsy or autism" means
that there is a causal relationship between the presence of an impairing condition and
the developmental disability.

7. "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.

8. "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.

9. "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.

10. "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.

11. "Child developmental foster home" means a residential setting in a family home
in which the care, physical custody and supervision of the child are the responsibility,
under a twenty-four hour care model, of the licensee who serves as the foster parent 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.

(b) Habilitation.

(d) Appropriate supervision.

12. "Client" means a person receiving developmental disabilities services from the
department.

13. "Cognitive disability" means a condition that involves subaverage general
intellectual functioning, that exists concurrently with deficits in adaptive behavior
manifested before age eighteen and that is sometimes referred to as intellectual
disability or mental retardation.

14. "Community residential setting" means a child developmental foster home, an
adult developmental home or a secure setting operated or contracted by the department 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.

15. "Consent" means voluntary informed consent. Consent is voluntary if not given as
the result of coercion or undue influence. Consent is informed if the person giving the
consent has been informed of and comprehends the nature, purpose, consequences, risks and
benefits of the alternatives to the procedure, and has been informed and comprehends that
withholding or withdrawal of consent will not prejudice the future provision of care and
services to the client. In cases of unusual or hazardous treatment procedures performed
pursuant to section 36-561, subsection A, experimental research, organ transplantation
and nontherapeutic surgery, consent is informed if, in addition to the foregoing, the
person giving the consent has been informed of and comprehends the method to be used in
the proposed procedure.

16. "Daily habilitation" means habilitation as defined in this section except that
the method of payment is for one unit per residential day.

17. "Department" means the department of economic security.

18. "Developmental disability" means either a strongly demonstrated potential that a
child under the age of six years is developmentally disabled or will become
developmentally disabled, 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.

(b) Is manifested before age eighteen.

(d) Results in substantial functional limitations in three or more of the following
areas of major life activity:

(i) Self-care.

(ii) Receptive and expressive language.

(iii) Learning.

(iv) Mobility.

(v) Self-direction.

(vi) Capacity for independent living.

(vii) Economic self-sufficiency.

(e) Reflects the need for a combination and sequence of individually planned or
coordinated special, interdisciplinary or generic care, treatment or other services that
are of lifelong or extended duration.

19. "Director" means the director of the department of economic security.

20. "Division" means the division of developmental disabilities in the department of
economic security.

21. "Epilepsy" means a neurological condition characterized by abnormal
electrical-chemical discharge in the brain. This discharge is manifested in various
forms of physical activities called seizures.

22. "Group home" means a residential setting for not more than six persons with
developmental disabilities that is operated by a service provider under contract with the
division and that provides, in a shared living environment, room and board and daily
habilitation. Group home does not include an adult developmental home, a child
developmental foster home, a secure setting or an intermediate care facility for the
mentally retarded.

23. "Guardian" means the person who, under court order, is appointed to fulfill the
powers and duties prescribed in section 14-5312. Guardian does not include a guardian
pursuant to section 14-5312.01.

24. "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.

25. Indigent" means a developmentally disabled person whose estate or parent is
unable to bear the full cost of maintaining or providing services for that person in a
developmental disabilities program.

26. "Individual program plan" means a written statement of services to be provided
to a person with developmental disabilities, including habilitation goals and objectives,
which is developed following initial placement evaluation and revised after periodic
evaluations.

27. "Intermediate care facility for the mentally retarded" 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 but that are less
intensive than skilled nursing services.

28. "Large group setting" means a setting that in addition to residential care
provides support services such as therapy, recreation and transportation to seven or more
developmentally disabled persons who require intensive supervision.

29. "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.

30. "Likely to continue indefinitely" means that the developmental disability has a
reasonable likelihood of continuing for a protracted period of time or for life.

31. "Manifested before age eighteen" means that the disability must be apparent and
have a substantially limiting effect on a person's functioning before age eighteen.

32. "Physician" means a person who is licensed to practice pursuant to title 32,
chapter 13 or 17.

33. "Placement evaluation" means an interview and evaluation of a developmentally
disabled person 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.

34. "Psychologist" means a person who is licensed pursuant to title 32, chapter
19.1.

35. "Respite services" means services that provide a short-term or long-term
interval of rest or relief to the care provider of a developmentally disabled person.

36. "Responsible person" means the parent or guardian of a developmentally disabled
minor, the guardian of a developmentally disabled adult or a developmentally disabled
adult who is a client or an applicant for whom no guardian has been appointed.

37. "Secure facility" means a facility that is licensed and monitored by the
division, that is designed to provide both residential and program services within the
facility and that is operated to prevent clients from leaving because of the danger they
may present to themselves and the community.

38. "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.

39. "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.

40. "Subaverage general intellectual functioning" means measured intelligence on
standardized psychometric instruments of two or more standard deviations below the mean
for the tests used.

41. "Substantial functional limitation" means a limitation so severe that
extraordinary assistance from other people, programs, services or mechanical devices is
required to assist the person in performing appropriate major life activities.

42. "Supervision" means the process by which the activities of an individual with
developmental disabilities are directed, influenced or monitored.