36-554

36-554. Powers and duties of director

A. The director shall:

1. Be responsible for developing and annually revising a statewide plan and
initiating statewide programs and service for the developmentally disabled in locations
where the programs and services are necessary, which shall include:

(a) Child services, which may include infant stimulation, developmental training
for pre-school children and special education at Arizona training program facilities for
school-age, developmentally disabled children residing at Arizona training program
facilities who do not attend public school.

(b) Adult services, in coordination with the vocational rehabilitation services of
the department, which may include but not be limited to job training and training and
adjustment services, job development and placement, sheltered employment and other
nonvocational day activity services for adults.

(c) Residential services, including various community residential settings, Arizona
training program facilities and state operated service centers which provide varying
levels of supervision in accordance with the developmental disability levels of the
persons placed at such settings, facilities or centers. The department shall contract
with private profit or nonprofit agencies to provide appropriate residential settings for
developmentally disabled persons which provide for regular assistance and supervision of
such persons and which provide varied developmental disability programs and services on
or near the community residential setting.

(d) Resource services, which may include comprehensive evaluation services,
information and referral services and outpatient rehabilitation and social development
services. The department in providing developmental disability programs and services
shall whenever practicable utilize qualified private contractors. In selecting private
contractors, the department shall utilize those contractors which can clearly demonstrate
an ability to perform such contract in accordance with standards and specifications
adopted by the department.

2. Establish standards, provide technical assistance, and supervise all
developmental disability programs and services operated by or supported by the
department.

3. Coordinate the planning and implementation of developmental disability programs
and activities, institutional and community, of all state agencies, provided this shall
not be construed as depriving other state agencies of jurisdiction over, or the right to
plan for, control, and operate programs that pertain to developmental disability programs
but that fall within the primary jurisdiction of such other state agencies.

4. Periodically assess the effectiveness of the quality assurance system as
required by 42 Code of Federal Regulations section 434.34 as it pertains to developmental
disabilities programs.

5. License community residential settings pursuant to this chapter.

6. Develop rules establishing a procedure for handling complaints about community
residential settings.

7. Inform in writing every parent or guardian of a developmentally disabled client
residing at or transferring to a community residential setting of the complaint handling
procedure.

8. As new community residential settings are developed over a period of time,
reduce the clientele at Arizona training program facilities to those developmentally
disabled persons who are required to be in Arizona training program facilities because
the community lacks an appropriate community residential setting that meets their
individual needs or whose parents or legal guardians want them in an Arizona training
program facility.

9. In conjunction with the division, individuals with developmental disabilities
and their families, advocates, community members and service providers, develop, enhance
and support environments that enable individuals with developmental disabilities to
achieve and maintain physical well-being, personal and professional satisfaction,
participation as family and community members and safety from abuse and exploitation.

10. Do all other things reasonably necessary and proper to carry out the duties and
the provisions of this chapter.

11. Adopt rules regarding procurement procedures similar to those found in title 41,
chapter 23.

B. Programs and services offered pursuant to subsection A, paragraph 1 of this
section shall be provided in cooperation with public and private resources that can best
meet the needs of developmentally disabled persons and that are located in the community
and in proximity to the persons being served.

C. The director may:

1. Establish nonresidential outpatient programs for placement evaluation, care,
treatment and training of developmentally disabled persons residing in the community who
are not eligible for public school programs, and who do not have access to other state
supported programs providing equivalent services.

2. Develop cooperative programs with other state departments and agencies,
political subdivisions of the state, and private agencies concerned with and providing
services for the developmentally disabled.

3. Contract for the purchase of services with other state and local governmental or
private agencies. Such agencies are authorized to accept and expend funds received
pursuant to such contracts.

4. Stimulate research by public and private agencies, institutions of higher
learning, and hospitals in the interest of the prevention of developmental disabilities
and improved methods of care and training for the developmentally disabled.

5. Apply for, accept, receive, hold in trust or use in accordance with the terms of
the grant or agreement any public or private funds or properties, real or personal,
granted or transferred to it for any purpose authorized by this chapter.

6. Make and amend rules from time to time as deemed necessary for the proper
administration of programs and services for the treatment of developmentally disabled
persons, for the admission of developmentally disabled persons to the programs and
services and to carry out the purposes of this chapter.