A.R.S. tit. 46 | Title 46 — Welfare

Chapter 1 Administrative Agencies and Officers

Article 1 Definitions

§ 46-101 Definitions

In this title, unless the context otherwise requires:

"Aid to families with dependent children" means assistance granted under section 403 of title IV of the social security act as it existed before August 22, 1996.
"Applicant" means a person who has applied for assistance or services under this title, or a person who has applied for assistance or services under this title and who has custody of a dependent child.
"Assistance" means payments in cash or kind to or on behalf of a person or persons in need as provided for in this title.
"Assistance unit" means those members of a needy family, as prescribed by the department in rule, or a child only case, that meets the nonfinancial eligibility criteria for cash assistance and whose needs and other circumstances are considered as a whole to determine a cash assistance benefit amount.
"Cash assistance" means temporary assistance for needy families paid to a recipient for the purpose of meeting basic living expenses as defined by the department.
"Child care personnel" means any person who supervises children in a day care home or center that receives child care food program monies under this article.
"Child only case" means a case in which the eligible dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and placed in foster care with an unrelated adult or with a nonparent relative who is not receiving cash assistance.
"Dependent child" means a needy child who has been deprived of parental support or care by reason of the death, unemployment of the supporting parent as defined and prescribed by the rules of the department, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives who are responsible under the law for the child's support are not able to provide adequate care and support of the child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin in a place of residence maintained by one or more of such relatives as his or their own home or who is in the legal custody of the department of child safety and placed in a foster home or with an unrelated adult as a recipient of temporary assistance for needy families. Such dependent child must be under eighteen years of age or, if eighteen, must be a full-time student in a high school, or in the equivalent level of vocational or technical training, and shall be reasonably expected to complete the program before reaching age nineteen.
"Director" means the director of the department of economic security.
"Domestic violence" means battered or subject to extreme cruelty as defined in section 408(a)(7)(C)(iii) of the social security act.
"Employment plan" means an agreement between the department and the cash assistance recipient regarding the participant's work activities and services provided by the department.
"Federal poverty level" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register.
"Head of household" means a dependent child's parent or the spouse of the parent, or the dependent child's nonparent relative or spouse of the nonparent relative, who receives cash assistance for himself and on behalf of the dependent child or only on behalf of the dependent child.
"Homestead property" means a home owned and occupied by the applicant or recipient, or his spouse.
"Jobs program" means services established by the department to ensure that participants comply with work requirements as prescribed in Public Law 104-193.
"Needy family":

(a) Means a family that resides in the same home and includes a dependent child, one or more of the dependent child's parents and nonparent relatives of the dependent child and their spouses who meet financial cash assistance eligibility criteria established by this title and by department rule.

(b) Does not include a child only case.

"Nonparent relative" means a dependent child's grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin and includes a permanent guardian who is appointed pursuant to section 8-872.
"Participant" means a recipient of cash assistance engaged in work activities through the JOBS program.
"Personal responsibility declaration" means a document that is prescribed by the department and in which the applicant acknowledges understanding of the applicant's personal responsibility.
"Recipient" means a person who receives assistance or services under the provisions of this title.
"Services" includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title.
"Sponsor" means any political subdivision of this state, any federally recognized Indian tribe, any military base or any other person, partnership, corporation or association contracting with this state to provide assistance in the distribution of child care food program monies pursuant to this article.
"State department" or "department" means the department of economic security.
"Temporarily deferred" means the postponement of work activities.
"Temporary assistance for needy families" means assistance granted under section 403 of title IV of the social security act as it exists after August 21, 1996.
"Vendor payment" means any payment to a person other than the recipient on his behalf.
"Work activities" means the following activities that are countable toward the federal work participation rate as prescribed in Public Law 104-193, section 407 (1996):

(a) Unsubsidized employment.

(b) Subsidized private or public employment.

(d) On-the-job training.

(e) Job search and job readiness assistance.

(f) Community service programs.

(g) Vocational educational training.

(h) Job skills training directly related to employment.

(i) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(j) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalency, in the case of a recipient who has not completed secondary school or received such a certificate.

Article 3 State Department of Public Welfare

§ 46-132 Special services unit

A. There shall be a special services unit in the department of economic security.

B. The supervisor of the special services unit shall be qualified with appropriate investigative or legal background. He shall be responsible to the director for the following:

Performing such special investigating duties in any county in the state as may be assigned.
Assist in preparing criminal charges involving fraud and theft against the department.
Establish liaison with the various law enforcement agencies.
Other related duties and responsibilities as may be assigned.

C. The supervisor of the special services unit of the department may employ investigators who are peace officers to discharge the duties prescribed in this section.

§ 46-132.01 Depositions; attendance of witnesses; production of papers

In the discharge of the duties imposed by section 46-132, the supervisor of the special services unit or a duly authorized representative of the unit may take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records necessary to complete investigations.

§ 46-133 Duties of attorney general

A. The attorney general shall be the legal adviser of the department.

B. The attorney general shall prosecute and defend in the name of the state all actions necessary to enforce the provisions of this title. Upon request of the state department, the attorney general shall designate for such time and purposes as the state department requires, a prosecution unit of at least one assistant attorney general which shall be primarily assigned to prosecution of violations of this title.

C. Upon request of the state department the attorney general shall designate for such time and purposes as the state department requires, an attorney for the department whose compensation shall be determined pursuant to section 38-611 and which shall be a charge against the administration fund.

D. The appropriate county attorney shall have jurisdiction to prosecute and enforce all actions arising under the child support enforcement programs as authorized by title IV of the social security act, except that the attorney general shall have concurrent jurisdiction in any county where the county attorney refuses to prosecute and enforce the actions referred to in this subsection.

§ 46-134 Powers and duties; expenditure; limitation

The state department shall:

Administer all forms of public relief and assistance except those that by law are administered by other departments, agencies or boards.
Develop a section of rehabilitation for the visually impaired that shall include a sight conservation section, a vocational rehabilitation section in accordance with the federal vocational rehabilitation act, a vending stand section in accordance with the federal Randolph-Sheppard act and an adjustment service section that shall include rehabilitation teaching and other social services deemed necessary, and shall cooperate with similar agencies already established. The administrative officer and staff of the section for the blind and visually impaired shall be employed only in the work of that section.
Assist other departments, agencies and institutions of the state and federal governments, when requested, by performing services in conformity with the purposes of this title.
Act as agent of the federal government in furtherance of any functions of the state department.
Carry on research and compile statistics relating to the entire public welfare program throughout this state, including all phases of dependency and defectiveness.
Cooperate with the superior court in cases of delinquency and related problems.
Develop plans in cooperation with other public and private agencies for the prevention and treatment of conditions giving rise to public welfare and social security problems.
Make necessary expenditures in connection with the duties specified in paragraphs 5, 6, 7, 13 and 14 of this subsection.
Have the power to apply for, accept, receive and expend public and private gifts or grants of money or property on the terms and conditions as may be imposed by the donor and for any purpose provided for by this chapter.
Make rules, and take action necessary or desirable to carry out the provisions of this title, that are not inconsistent with this title.
Administer any additional welfare functions required by law.
If a tribal government elects to operate a cash assistance program in compliance with the requirements of the United States department of health and human services, with the review of the joint legislative budget committee, provide matching monies at a rate that is consistent with the applicable fiscal year budget and that is not more than the state matching rate for the aid to families with dependent children program as it existed on July 1, 1994.
Furnish a federal, state or local law enforcement officer, at the request of the officer, with the current address of any recipient if the officer furnishes the agency with the name of the recipient and notifies the agency that the recipient is a fugitive felon or a probation, parole or community supervision violator or has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the recipient is within these official duties.
In conjunction with Indian tribal governments, request a federal waiver from the United States department of agriculture that will allow tribal governments that perform eligibility determinations for temporary assistance for needy families programs to perform the food stamp eligibility determinations for persons who apply for services pursuant to section 36-2901, paragraph 6, subdivision (a). If the waiver is approved, the state shall provide the state matching monies for the administrative costs associated with the food stamp eligibility based on federal guidelines. As part of the waiver, the department shall recoup from a tribal government all federal fiscal sanctions that result from inaccurate eligibility determinations.

§ 46-135 Power to promulgate rules concerning confidential nature of records

The state department shall establish such reasonable regulations as it deems necessary to protect confidential information. In no event shall the names of any recipient be made available for political or commercial purposes.

§ 46-136 Powers of state department regarding work projects for unemployed persons

A. The state department may institute work projects for the employment of needy unemployed persons being granted public assistance. The nature of the work projects shall be determined by the state department and the governing body of the county, municipal government or school district involved to be projects necessary and desirable to the community including projects designed to improve health and public safety. County or municipal governments, including school districts, shall cooperate in such projects by furnishing supervision, transportation and payment of industrial commission insurance.

B. The state department shall act as the official agency for the state in any social welfare activity initiated by the federal government and shall administer state funds appropriated or made available for the relief of dependent persons, except as otherwise provided by law.

C. The state department shall expend from any amounts otherwise available by law amounts that, in the discretion of the director, are determined necessary for such purpose in conjunction with any agency or department of the federal government for the purpose of receiving and distributing food stamps offered to public welfare agencies for needy persons. The amount so determined may be expended by the department in payment of expenses necessarily incurred by reason of the receipt or distribution of such food stamps.

§ 46-137 Administrative expenses

A. Administrative expenses shall be paid from funds made available for that purpose by the legislature or by the federal government or any of its agencies. Federal grants for research, demonstration projects, or training, or older Americans' act administration may be used in addition to the appropriation.

B. In this section, "administrative expenses" does not include:

Grants in cash or kind to or for the benefit of needy persons.
Cost of providing shelter and subsistence for needy persons.
Cost of distributing food stamps, except as necessary in claiming any federal reimbursement.
Cost of sponsoring work relief projects, except as necessary in claiming any federal reimbursement.

§ 46-138 Expenditures for public welfare

The total amount which may be expended in any fiscal year by the state department for each of the objects and purposes provided by this title shall in no event exceed the amount appropriated in the general appropriation bill for each such object or purpose and any monies granted by the federal government for such object or purpose, together with additional amounts appropriated therefor by any special legislative appropriation bill. If at the end of a fiscal year there is an unencumbered balance of the appropriation for such fiscal year made to the state department for any such object or purpose, the balance shall be deemed to consist exclusively of such monies.

§ 46-138.01 Public assistance and administration revolving fund

A. There is created the permanent public assistance and administration revolving fund in the amount of four hundred thousand dollars for use of the state department for the purpose of disbursing:

Initial public assistance payments to those individuals and families newly certified as eligible for one or more public assistance programs contained in this title.
Refunds for federal food stamp coupons.
Replacements of lost or stolen state warrants or revolving fund payments.
Reimbursements for federal food stamp job search clients.
Immediate outlays for postage, C.O.D. packages, supplies, travel or other miscellaneous and minor items. No check shall be drawn against the fund unless state or federal funds are available at the time for reimbursing the fund as provided for in subsection C.

B. The fund shall be deposited in a bank checking account in a bank and shall be secured by collateral in the same manner as are state monies. No check drawn against the fund shall be paid unless presented to the bank for payment within ninety days after the date on which it was issued which shall be stated on the face of each check.

C. The director of the department of administration from time to time at the request of the state department shall reimburse the fund for amounts paid for the purposes set forth in subsection A from state appropriated and federal funds respectively available for payment for such purposes. Such reimbursements shall be based upon checks drawn against the fund rather than checks paid by the bank.

D. The manner of accounting for the fund and all procedures relating to disbursement of money from the fund shall be subject to the approval of the department of administration.

§ 46-138.02 Duplicate checks; notice; form and effect

A. When it appears to the satisfaction of the director of the department of economic security by affidavit or otherwise that any check drawn against the revolving fund has been lost or destroyed prior to payment and there is no reasonable probability of its being found or presented, or that a check has not been presented for payment within the time specified on the face thereof, the director may issue a duplicate of such lost, destroyed or out-of-date check. Before issuing such duplicate check the director shall send a written stop payment notice to the bank giving the number, amount and date of the original check, the payee and the fund on which drawn.

B. The duplicate check issued shall be plainly stamped or marked so that its character may be readily and easily ascertained.

C. The duplicate check issued under authority of this section shall constitute full and sufficient authority to the bank for the disbursement of public monies in the amount set forth on the duplicate checks.

D. The bank shall not pay any check on which a stop payment notice has been made unless the director has released the stop payment notice in writing.

§ 46-139 Notification; federal poverty guidelines

The department shall notify the health and human services committee of the senate and the health committee of the house of representatives, or their successor committees, within thirty days after the federal government decides to no longer calculate and publish the federal poverty guidelines.

§ 46-140 Duty of employees to report violations; penalties for failure to do so

A. When a person employed under this title interviews or consults an applicant for or recipient of assistance or services authorized by this title, and is informed that the applicant or recipient has by mistake, by withholding facts, or in any other manner, violated or attempted to violate, knowingly or unknowingly, any provision of this title which resulted in, or if undiscovered, would have resulted in the applicant or recipient receiving assistance or service or in receiving more assistance or service than the applicant or recipient would have been otherwise entitled to receive, the employee interviewing or consulting with such applicant or recipient shall promptly make a complete written report of the information to the state department.

B. Failure of the employee to make the report required by subsection A, or failure of the supervisor of such employee, if aware of such fact, to direct the employee to make the report, constitutes cause for immediate dismissal from the department or prosecution of such employee and supervisor.

C. Any employee who fails to make the written report or any supervisor who, knowing of such failure to report, fails to direct the employee to report is guilty of a misdemeanor.

§ 46-140.01 Verifying applicants for public benefits; violation; classification; citizen suits

(Caution: 1998 Prop. 105 applies.)

A. An agency of this state and all of its political subdivisions, including local governments, that are responsible for the administration of state and local public benefits that are not federally mandated shall do all of the following:

Verify the identity of each applicant for those benefits and verify that the applicant is eligible for benefits as prescribed by this section.
Provide any other employee of this state or any of its political subdivisions with information to verify the immigration status of any applicant for those benefits and assist the employee in obtaining that information from federal immigration authorities.
Refuse to accept any identification card issued by the state or any political subdivision of this state, including a driver license, to establish identity or determine eligibility for those benefits unless the issuing authority has verified the immigration status of the applicant.
Require all employees of the state and its political subdivisions to make a written report to federal immigration authorities for any violation of federal immigration law by any applicant for benefits and that is discovered by the employee.

B. Failure to report discovered violations of federal immigration law by an employee is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.

C. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin. Any person who is a resident of this state shall have standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceeding pending in the court.

§ 46-141 Criminal record information checks; fingerprinting employees and applicants; definition

A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles or vulnerable adults shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days of employment.

B. Each person, whether paid or not, shall have as a condition of employment a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after being employed, if the person is any of the following:

Licensed by the department of child safety or employed by the licensee.
A department of child safety contractor for the provision of services directly to juveniles or vulnerable adults.
An adult working in a group home, residential treatment center, shelter or other congregate care setting.

C. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department of economic security or the department of child safety may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract.

D. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles or vulnerable adults shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections G and H of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections G and H of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections G and H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting.

F. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections G and H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting unless the person is granted a good cause exception pursuant to section 41-619.55.

G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

H. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

I. Federally recognized Indian tribes or military bases may submit and the department of economic security and the department of child safety shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection G of this section.

J. A person who applies to the department of economic security or the department of child safety for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults or who will work in a group home, residential treatment center, shelter or other congregate care setting shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8-105, 8-509, 8-802 or 41-1968 or subsection A of this section.

K. The special services unit of the department of economic security and employees of the department of child safety may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security or the department of child safety may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that the employee, applicant or contractor is not qualified or suitable.

L. Volunteers who provide services to juveniles or vulnerable adults under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section, unless the volunteer works in a group home, residential treatment center, shelter or other congregate care setting.

M. The department of economic security or the department of child safety shall notify the department of public safety if the department of economic security or the department of child safety receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section either:

Is arrested for or charged with an offense listed in section 41-1758.07, subsection B or C.
Falsified information on the form required by subsection G of this section.

N. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 46-451.

Article 4 Out-of-Wedlock Pregnancy Prevention

§ 46-151 Department of health services; out-of-wedlock pregnancies; goals

A. The director of the department of health services shall develop standards and procedures to decrease the number of out-of-wedlock pregnancies and births, without increasing the abortion rate, for each year through June 30, 2005. The goals for decreasing out-of-wedlock births as a proportion of total births, are as follows:

No more than 38 per cent of total births for 1997-1998.
No more than 37 per cent of total births for 1998-1999.
No more than 35 per cent of total births for 1999-2000.
No more than 33 per cent of total births for 2000-2001.
No more than 31 per cent of total births for 2001-2002.
No more than 29 per cent of total births for 2002-2003.
No more than 27 per cent of total births for 2003-2004.
No more than 25 per cent of total births for 2004-2005.

B. The standards shall reflect the policy set forth in part A of title IV of the social security act, as amended by section 103(a) of the personal responsibility and work opportunity reconciliation act of 1996.

C. The director of the department of health services shall submit these standards and procedures to the federal department of health and human services on or before September 30, 1997.

Article 6 Lifespan Respite Care Program

§ 46-171 Definitions

In this article, unless the context otherwise requires:

"Lifespan respite care" means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs.
"Respite care" means short-term care and supervision services that are provided to an individual to relieve the individual’s caregiver.

§ 46-172 Lifespan respite care program

A. The department shall establish a lifespan respite care program.

B. The lifespan respite care program shall:

Establish a respite program for primary caregivers of individuals who do not currently receive other publicly funded respite services.
Coordinate with other respite services, including services that are provided pursuant to title 36, chapter 5.1 and sections 36-2939, 36-3407 and 46-193.
Support the growth and maintenance of a statewide respite coalition.
Conduct a study on the need for respite care throughout the lifespan of individuals.
Identify local training resources for respite care providers.
Link families with respite care providers and other types of respite caregiver consultants.
Create an evaluation tool for recipients of respite care to assure quality of care.

§ 46-173 Lifespan respite care advisory committee

The department shall establish a lifespan respite care advisory committee that includes family caregivers and respite care providers to advise the lifespan respite care program on respite care matters.

Article 7 Section on Aging

§ 46-181 Section on aging

There is a section on aging in the department of economic security.

§ 46-182 Section powers and duties; costs

The section, in carrying out the provisions of the older Americans act of 1965, Public Law 89-73, as amended, shall:

Cooperate with the federal commissioner on aging and provide information to the administration on aging, department of health, education and welfare upon request.
Assist the department in preparing a state plan for the administration of the state program for the aging which shall set forth the provisions contained in section 303 of the older Americans act of 1965.
Serve as a clearing house for information related to state problems of the aged and aging. Gather and disseminate information and conduct hearings, conferences and special studies on problems and programs concerning the aging.
Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
Provide consultation to counties and subdivisions thereof with respect to local community programs for the aged and aging. Develop, coordinate, and assist other public and private organizations which serve the aging.
Prepare, publish and disseminate educational materials dealing with the health and welfare of aged persons. Stimulate public awareness of the problems of the aging by conducting a program of public education and encourage the governor and the legislature to develop programs to deal with such problems.
Stimulate more effective use of existing resources and available services for the aged and aging, including coordination of the activities of other state departments, and the collaboration with such departments, agencies or commissions, with county officials and voluntary agencies and with state and local professional associations and societies for the aged and aging.

§ 46-183 Advisory council on aging; members; appointment; terms; compensation; officers; subcommittee

A. The advisory council on aging is established in the governor's office of youth, faith and family.

B. The advisory council on aging consists of fifteen members who are appointed by the governor. The governor shall remove a member for cause. Members who are appointed to the council shall be selected pursuant to rules adopted by the director that conform to the older Americans act of 1965 (P.L. 89-73, 79 Stat. 218, 42 United States Code sections 3001 through 3058ff) and the federal regulations promulgated pursuant to that act. In addition members shall have a knowledge of, and an established basic interest in, the problems affecting older citizens, and members shall be selected with due regard to geographic and other elements of representation in order that as many divergent views as possible can be represented.

C. Each member of the council serves a term of three years. Vacancies occurring other than by expiration of term shall be filled in the same manner for the balance of the unexpired term.

D. The governor shall appoint a chairperson each year from the council membership who shall appoint a vice chairperson and secretary from the council membership. The governor shall also appoint an executive director. The governor's office of youth, faith and family shall provide necessary staff services to the advisory council on aging.

E. The chairperson shall appoint a subcommittee on Alzheimer's disease and related disorders.

§ 46-184 Advisory council duties

A. The advisory council shall advise all state departments which the council deems necessary on all matters and issues relating to aging, including administration of the state plan on aging. In performing this function, the council shall not be limited to provisions of the older Americans act of 1965.

B. Each year the council shall submit a written report of its recommendations regarding the state plan on aging to the governor, the president of the senate and the speaker of the house of representatives.

C. The council shall convene in formal meeting at the call of the chairman, but in no case less than four times each fiscal year. A quorum shall consist of no less than nine members present. Recommendations to the department, the governor, the president of the senate and the speaker of the house of representatives by the council shall be represented by a simple majority vote of members present of a quorum in formal meeting. Minority opinions with respect to any council recommendation may be formally submitted in writing to the department, the governor, the president of the senate and the speaker of the house of representatives through the chairman of the council.

D. The subcommittee on Alzheimer's disease and related disorders appointed pursuant to section 46-183 shall collect new data from long-term care providers, families and victims of Alzheimer's disease and related disorders and prepare new or revised recommendations based on this information.

Article 8 Arizona Older Americans Act-Nonmedical Home and Community Based Care Services

§ 46-191 Definitions

In this article, unless the context otherwise requires:

"Adult day care" or "adult day health" means services which provide adults with optimal personal care in a group setting during a portion of a twenty-four hour day. This service provides planned care and supervision, recreation and socialization, personal care, personal living skills training, congregate meals and health monitoring and may include health related services such as preventive, therapeutic and restorative health care.
"Attendant care" means a service which provides a trained attendant to provide assistance with homemaking, general supervision and personal care.
"Case management services" means the assessment and development of an individualized service plan through which the eligibility of individuals is determined, appropriate services or benefits are identified, planned, reported, monitored or terminated and follow-up is provided if and when appropriate.
"Home care services" means services provided to an individual who is functionally impaired and unable to perform activities of daily living. These services include case management, assessment of functional impairment and needed community services, home care, housekeeping chore services, home health aid, personal care, visiting nurse services, adult day care, adult day health, respite care, attendant care and home delivered meals.
"Home delivered meals service" means a nutritious meal which contains at least one-third of the recommended dietary allowance for an individual and is delivered to the individual's place of residence.
"Home health aid" means services which provide intermittent health maintenance, continued treatment or monitoring of a health condition and supportive care for activities of daily living within the individual's place of residence.
"Nonmedical home and community based care system" means a comprehensive, case managed system of care which is provided to a functional person with a disability in the person's home or community and which supports the role of the family and caregivers as a part of the care plan which may include personal care, housekeeper chore services, adult day care, adult day health care, respite care and home delivered meals, as well as health care services which are a necessary, but subordinate, part of the care plan.
"Older Arizonan" means a resident of this state who is at least sixty years of age.
"Person with a physical disability" means an individual who has a physical impairment that substantially limits one or more major life activities and who has a diagnosis of such impairment.
"Personal care" means assistance to meet essential personal physical needs.
"Respite sitter services" means short-term care and supervision which may be required to be available on a twenty-four hour basis.
"Visiting nurse services" means services which provide intermittent skilled nursing services in the individual's place of residence. Skilled nursing services may include health maintenance, continued treatment or supervision of a health condition.

§ 46-192 Identification of services

A. The department, in conjunction with other state and local government agencies and community organizations and agencies, shall identify those services provided by state departments and agencies that are appropriate services to implement the goal of enabling older Arizonans to maintain the most independence and freedom, avoid institutional care and live in dignity. In addition to existing services, such services may include the following:

General information services, including publication of available services, information and referral and outreach.
Transportation, including transportation necessary to guarantee access to services.
Nutrition, socialization and education.
Nonmedical home and community based care including case management, assessment of functional impairment and needed community services, home care, housekeeping chore services, home health aid, personal care, visiting nurse services, adult day care or adult day health, respite care, attendant care and home delivered meals.
Physical and mental health services, including inpatient and outpatient care, screening, appliances and supplies, mental health and home health care.
Placement services, including nursing homes, supervisory care, personal care, foster care and day care.
Protective advocacy and legal services.
Education, including senior adult education programs and training and research in the field of aging.
Volunteer and leadership development services.
Self-support services, including employment services, job development and income maintenance.

B. The department shall develop a basic plan to coordinate the services identified in this section and other appropriate services so as to avoid duplication and increase efficiency.

C. The department of health services, the department of transportation, the Arizona department of education and other appropriate state departments and agencies shall cooperate in coordinating services under the basic plan.

D. The department shall develop a comprehensive agreement by which the personnel and facilities of the department, the department of health services, the department of transportation, the Arizona department of education and other appropriate departments and agencies are utilized in carrying out this article provided that such agreement:

Results in more economical performance of duties of those departments and agencies.
Allows the department to contract for the services of consultants and agencies, subject to the availability of funding for such purpose.

E. The department may provide information and assist local agencies and organizations that provide services to older Arizonans.

F. The department may, under grant programs, utilize older Americans as staff to implement this article.

G. The integrity of senior citizen participation at all planning and program development levels shall be ensured.

H. The director shall designate an employee within the department to be responsible for the direction, planning, coordination and administration of the department's responsibilities under this article.

§ 46-193 Respite care for care givers of the elderly program; definition

The department shall develop and implement a statewide program to provide respite care for care givers of the elderly. The department shall establish guidelines regarding the distribution of monies and respite care services. For the purposes of this section, "respite care" means short-term care and supervision services provided to an individual to relieve the care giver.

Chapter 2 Assistance

Article 1 Procedure to Claim Assistance

§ 46-201 Application for assistance; notice of penalties

A. Application for any form of assistance or service under this title shall be made to a department in this state as specified by the program. The application shall be in writing or reduced to writing on forms prescribed by the state department and shall include a statement subscribed by the applicant certifying that the contents of the application are true under penalty of perjury. The application shall bear the applicant's signature, which may be electronic. The application shall contain a statement of the amount of property both personal and real in which the applicant has an interest and of all income that the applicant has at the time of filing the application, and a statement of any property assigned or transferred by the applicant within one year immediately before filing the application for assistance, and any further information prescribed by the state department.

B. The department shall use application forms that contain appropriate notice of the penalties for fraud, including notice that it is mandatory for a recipient to cooperate with a fraud investigation and that any failure to cooperate may result in a case closure and the termination of benefits within ten days of notice of the termination from the department. The department shall deliver to each recipient before the first payment of assistance or delivery of service and each redetermination thereafter a notice explaining what changes in circumstances require written notification to the department pursuant to section 46-213, subsection A.

§ 46-202 Rules

The director shall adopt rules with respect to the time in which a recipient must notify the department of a change in circumstances affecting the recipient's eligibility. In adopting such rules the director shall consider and comply with federal regulations concerning notice of change of eligibility status.

§ 46-203 Investigation of application; witnesses; financial institutions

A. When the department receives an application for assistance or service under this title, an investigation and record of the application shall promptly be made, and other information required by the rules of the state department shall be obtained.

B. The state department and the officers and authorized representatives thereof may conduct examinations, subpoena witnesses and require attendance of witnesses and production of books, records and papers, and shall pay witnesses the same fees and mileage paid witnesses in civil actions.

C. Officers and employees who are thereunto authorized by the state department may administer oaths and affirmations.

D. By written request signed by one of its officers, the state department may require any executive officer of a financial institution to furnish to an authorized employee or officer of the department information on current account balances of those persons named in the request as applicants for or recipients of any assistance or service under this title. The method of providing the information and the time frame for reporting this information shall be determined by agreement between the institution and the department.

E. By written request signed by one of its officers, the state department may require any executive officer of a financial institution to furnish to an authorized employee or officer of the department information on account balances of those persons named in the request as recipients of any assistance or service under this title for specified periods of time during the previous five years. The method of providing the information, time frame for reporting the information and amount of compensation for the information service shall be determined by agreement between the institution and the department.

F. No financial institution shall be liable in any civil action for providing such information unless the information provided is false and the financial institution providing the false information does so knowingly and with malice.

§ 46-204 Granting of assistance; notice to applicant; award; certification to department of administration; reimbursement

A. Upon completion of an investigation the local office of the department shall decide, according to the policies and rules of the state department, whether the applicant is eligible for the assistance or service applied for and shall determine the amount of assistance or service and the date on which it shall begin. In making the determination of eligibility and amount of assistance, the department shall exclude as income and resources all agent orange payments in accordance with P.L. 101-201.

B. The applicant shall be notified of the decision in writing. The assistance shall be paid at least once monthly to the applicant. When an application is rejected wholly or in part, or when modification of assistance is made, written notice shall be given to the applicant. Such notice shall inform the applicant or recipient of the right to a hearing on the rejection or modification.

C. When assistance is granted, the department of economic security shall make an award setting forth the date, the recipient's name, age and residence, the amount of monthly assistance, and other determinations or information it deems necessary, and shall certify to the department of administration the facts with respect thereto on a form prescribed by the state department. The award shall be binding until changed, modified, suspended or discontinued or until the death of the recipient. The assistance shall commence on the date specified in the award.

D. When funds have been expended on rehabilitating a recipient, the department may accept reimbursement after the recipient has completed training or education and secured a job.

§ 46-205 Appeal to state department from denial of application or failure of the local office to act; consideration by state department on own motion

A. If the local office of the department does not act with reasonable promptness on an application, or if the application is denied wholly or in part by the local office of the department, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing.

B. The state department may also, upon its own motion, receive and consider any application upon which a recommendation has not been made by the local office of the department within a reasonable time. The state department may make additional investigation as it deems necessary, and shall make a decision as to granting assistance or service and the amount of assistance or service to be granted the applicant which in its opinion is justified and in conformity with the provisions of this title. If the application is denied wholly or in part by the state department, or if any award or assistance or service is modified or cancelled by the state department, the applicant or recipient may appeal to the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing.

C. All decisions of the state department shall be subject to review pursuant to title 41, chapter 14, article 3.

§ 46-206 Payment of assistance; authority of department of administration; limitation upon payment from state funds; methods of payment

A. When an assistance award is made, the certification to the department of administration provided for by section 46-204 shall, until modified, suspended or discontinued by order of the state department, or until the death of recipient, be the authority to the department of administration to draw a warrant or an electronic funds transfer voucher in payment of such assistance from the fund provided for in this title. Payment of assistance installments shall be by warrants or electronic funds transfer voucher. Warrants shall be endorsed by the recipient before the warrant shall be honored.

B. If federal funds are withdrawn or reduced, grants shall be reduced as provided in section 46-207, subsection B, unless the reduction results directly from a federal sanction imposed on this state for its failure to comply with the provisions of title IV-A of the social security act.

C. The state department may make any payment of assistance as a vendor payment regardless of the particular program. The purposes for such payment shall ordinarily be to expedite giving of assistance or to assure that the assistance is meeting basic maintenance needs.

§ 46-207 Grant plus income; uniform assistance plan; amount of assistance

A. In no event shall assistance paid any recipient under this title be an amount which, when added to income from all other sources, causes the total of income and grant to exceed the need of the recipient under uniform assistance plans for each program as determined by the state department, except that this subsection shall not apply to temporary assistance for needy families prescribed in section 46-292.

B. If the total monies available for payment of assistance grants are not sufficient to meet the maximum amount for which each applicant or recipient is eligible by law, the department shall notify the joint legislative budget committee of the insufficiency of monies and shall make recommendations on how to overcome the insufficiency. The department shall not recommend reductions of an equal amount from every grant in each category of assistance, but shall take into consideration the needs of the applicants or recipients, and shall recommend the reductions necessary by specifying the percentage of budgeted needs which may be met within the maximums established in accordance with subsection A of this section. The department shall make the adjustments determined by the joint legislative budget committee.

C. In determining the amount of assistance which a recipient or applicant may receive under this title, the department shall include all income and resources from every source of the person claiming such aid, except that which is required to be disregarded as defined in department rule or by other provisions of this title, and shall consider and take into account earning capacity, living conditions and all facts and circumstances surrounding such person.

D. For assistance granted pursuant to section 46-292, the department shall include a shelter cost factor. For purposes of determining assistance payments with this shelter cost factor, the department shall reduce the federal poverty level used in its calculation of payments by thirty-seven per cent if the person is not paying, or is not obligated to pay, shelter costs on his place of residence.

§ 46-207.01 Temporary assistance for needy families; amount of cash assistance

Cash assistance paid to any recipient pursuant to section 46-292, which when added to nonexempt income from all other sources, shall not be less than thirty-six per cent of the 1992 federal poverty level adjusted for family size and factors provided in section 46-207, subsections B and D.

§ 46-208 Nontransferability and nonassignability of assistance; exemption from process

Assistance granted under this title is not transferable or assignable at law or in equity, and none of the money paid or payable under this title shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

§ 46-209 Residence in state after assistance granted; basis for discontinuance of payments to recipients of assistance

A. Any recipient of assistance granted under this title, except temporary assistance for needy families, desiring to reside outside the state for a period of not to exceed thirty days shall execute a form provided by the state department. Any recipient receiving temporary assistance for needy families under this title and desiring to reside outside the state for a period of not to exceed thirty days shall execute a form provided by the state department. The form shall require the recipient to express the recipient's intent as to establishing legal residence outside the state, or the recipient's intent to return to the state within thirty days. If it is the intent of the recipient to establish legal residence outside the state, the recipient may continue to receive assistance from this state while residing in another state for a period of not to exceed thirty days or until the recipient meets the residence eligibility requirements for assistance in that state, whichever is less.

B. A recipient of any assistance granted under this title, except temporary assistance for needy families, shall not be continued on assistance after the recipient has been absent from the state for thirty consecutive days. Any recipient of temporary assistance for needy families granted under this title shall not be continued on assistance after the recipient has been absent from this state for thirty consecutive days.

§ 46-210 Effect on domicile of absence while in military service

Absence while in the military service of the state or the United States shall not be deemed to interrupt residence in this state as provided in this title, if a domicile is not acquired without the state.

§ 46-211 Periodic reconsideration and change in amount of assistance

A. All assistance or service grants made under this title shall be reconsidered by the state department as frequently as required by the rules of the department. After further investigation as the department deems necessary, the amount of assistance or service may be changed or assistance or service withdrawn if the department finds that the recipient's circumstances have altered sufficiently to warrant such action. The department may at any time cancel and revoke assistance or service for cause, and it may for cause suspend assistance or service for such period as it deems proper.

B. All decisions made under the provisions of this section shall be subject to review and the granting of an opportunity for a fair hearing by the state department as provided by law.

§ 46-212 Assistance subject to amendment of law

All assistance or service granted under this title shall be deemed granted and held subject to any law amending or repealing any provision of this title, and no recipient shall have a claim for compensation, or otherwise, by reason of recipient's assistance or service being affected in any manner by any law amending or repealing any provision of this title.

§ 46-213 Duty of recipient to notify department of change in status; recovery of excess assistance paid; violation; classification

A. If at any time while receiving assistance the recipient of such assistance knowingly acquires any property or receives any increase in income or property, or both, in excess of income or property declared at the time of determination or redetermination of eligibility, or if there is any other change in circumstances affecting the recipient's eligibility, the recipient shall within the number of days specified by rules of the department notify the department and provide verification of the acquisition of such property, receipt of such income or change in circumstances. Any recipient of aid who knowingly fails to do so is guilty of a class 2 misdemeanor.

B. If a recipient is overpaid for whatever reason, the recipient is liable for the amount of the overpayment. The department of economic security with the concurrence of the department of law shall determine the method of securing repayment which is most appropriate to the particular situation. If there are insufficient assets or resources to justify collection, if the recipient has not obtained assistance or services by intentional misrepresentation or if the overpayment was due to an error on the part of the department of economic security, the department may waive a repayment by the recipient. The department of economic security, with the assistance of the department of law, may institute appropriate court proceedings to recover overpayments.

C. Each warrant issued as an assistance payment shall contain a statement on the reverse side of the warrant relating to the recipient's eligibility. The wording of this statement shall be determined by the department.

§ 46-214 Fee for representing applicant or recipient in civil proceeding under article prohibited

No person shall charge or receive any fee for representing an applicant for or recipient of assistance or service in any proceedings under this title, except fees prescribed by the department, but the provisions of this section shall not apply to representation of an applicant or recipient in criminal proceedings brought pursuant to this title.

§ 46-215 Welfare fraud; program disqualification; classification

A. A person commits welfare fraud if the person knowingly obtains by means of a false statement or representation, by impersonation or by other fraudulent device any of the following:

Assistance or service to which the person is not entitled.
Assistance or service greater than that to which the person is entitled.
Payment of any forfeited installment grant, or aids or abets in buying or in any way disposing of the property of a recipient of assistance or service without the consent of the department.

B. The department shall adopt rules to establish procedures for administrative disqualification and referral for prosecution of persons who commit welfare fraud.

C. A person is disqualified from program participation pursuant to subsection D if the person commits one or more of the following:

Signs a waiver of an administrative disqualification hearing.
After an administrative disqualification hearing, is found to have committed an intentional program violation consisting of any misrepresentation or other act that violates a law or rule governing the program.
Is convicted of any crime or petty offense against any assistance program defined in this chapter.

D. A person who commits an intentional program violation is disqualified from program participation for twelve months for the first violation, twenty-four months for the second violation and permanently for three or more violations.

E. The department shall not include the needs of the disqualified person in the assistance unit but shall count the income and resources of the disqualified person as being available to the unit.

F. A person who commits welfare fraud pursuant to subsection A is guilty of a class 6 felony.

§ 46-216 Violation; classification

A person violating a provision of this title for which no penalty is specifically provided is guilty of a class 3 misdemeanor.

§ 46-219 Supplemental nutrition assistance program; eligibility after conviction; drug testing; rules

A. Notwithstanding section 13-3418 and if the person agrees to random drug testing, a person who is convicted after August 22, 1996 of a felony offense that has as an element of the offense the use or possession of a controlled substance as defined in 21 United States Code section 802(6) may be eligible for the supplemental nutrition assistance program if the person meets at least one of the following criterion:

Successfully completes a substance abuse treatment program.
Is currently accepted for treatment in a substance abuse treatment program but is subject to a waiting list to receive available treatment, and the person remains enrolled in the treatment program and enters the treatment program at the first available opportunity.
Is currently accepted for treatment in and is participating in a substance abuse treatment program.
Is determined by a licensed medical provider to not need substance abuse treatment.
If applicable, is in compliance with all terms of probation.

B. The department shall adopt rules related to drug testing pursuant to this section that include more frequent drug testing for offenses that occurred within twenty-four months of the date of application.

Article 2 Supplemental Nutrition Assistance Program

§ 46-231 Department of economic security; supplemental nutrition assistance program; produce incentive program; definitions

A. The department of economic security shall:

Plan, prepare and develop the infrastructure necessary to implement a produce incentive program for supplemental nutrition assistance program enrollees to purchase eligible Arizona-grown fruits and vegetables at SNAP-authorized farmers markets, farm stands, mobile markets, community supported agriculture sites, grocery stores and convenience stores.
Subject to available monies, provide matching monies of up to $20 per participating SNAP-authorized site per transaction for an enrollee in the supplemental nutrition assistance program to purchase eligible Arizona-grown fruits and vegetables at the participating SNAP-authorized site.
Conduct research and evaluate the produce incentive program and the impact of the program on purchases made by supplemental nutrition assistance program enrollees and producers of Arizona-grown fruits and vegetables.

B. For the purposes of this section:

"Eligible Arizona-grown fruits and vegetables" means any Arizona-grown variety of fresh, canned, dried or frozen whole or cut fruits and vegetables that do not contain added sugars, fats, oils or salt.
"SNAP" means the supplemental nutrition assistance program.

Article 2.1 Short-Term Crisis Services

§ 46-241 Definitions

In this article, unless the context otherwise requires:

"Agent" means a community based organization that is contracted by the department to take applications, determine eligibility and provide short-term services to low income persons through the use of federal and state monies.
"Applicant" means a person who is applying for short-term crisis services.
"Emergency shelter" means temporary shelter in a hotel, motel or licensed homeless shelter facility.
"Federal poverty guideline" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register.
"Homeless" means the participant has no permanent place of residence where a lease or mortgage agreement between the participant and the owner exists.
"Short-term crisis" means an unplanned incident that causes the loss of monies and that makes the applicant unable to meet the applicant's financial obligations.

§ 46-241.01 Short-term crisis services

The department, through its agent, shall administer short-term crisis services. Short-term crisis services include:

Emergency shelter to eligible persons.
Rent or mortgage assistance to prevent homelessness.
Utility assistance for eligible persons with a current or anticipated interruption of heating or cooling services, or both, if the person's health and safety will be put in danger.
Utility repair and replacement.
Special needs as determined by the department to secure or maintain employment.

§ 46-241.02 Eligibility for short-term crisis services

To qualify for short-term crisis services, an applicant shall prove that the applicant meets all of the following requirements:

The applicant is a resident of this state at the time of application.
The applicant is experiencing a short-term crisis that will cause homelessness or the interruption of heating or cooling at the applicant's residence.
The total gross countable income of the applicant's household does not exceed:

(a) One hundred twenty-five per cent of the federal poverty guidelines.

(b) One hundred fifty per cent of the federal poverty guidelines if the household includes a person with a disability or elderly person.

§ 46-241.03 Appeals; hearings

A decision denying, reducing or terminating short-term crisis services is appealable pursuant to title 41, chapter 6, article 6 and title 41, chapter 14.

§ 46-241.04 Ineligibility for short-term crisis services

The department or its agent shall not provide short-term crisis services to or on behalf of an applicant who:

Has refused employment or training for employment in the thirty days before the application.
Is receiving services from the temporary assistance for needy families diversion program.

§ 46-241.05 Method of payment

A. The department or its agent shall provide short-term crisis services to alleviate or prevent homelessness through payments to either of the following:

Emergency shelters.
Subsidize delinquent rent or mortgage payments.

B. The department or its agent shall provide short-term crisis services to alleviate the loss of heating and cooling through payments to:

Utility companies for utility bill assistance.
Local vendors for the repair and replacement of utilities and appliances.

C. The department or its agent shall administer short-term crisis services by providing vouchers to vendors on behalf of a person.

Article 2.2 Domestic Violence Victims

§ 46-244 Victims of domestic violence; identification; referrals; waiver

The department or its agent shall identify individuals who are victims of domestic violence at the time of application for or during the receipt of temporary assistance for needy families. At any time individuals shall be given the chance to identify themselves as victims of domestic violence. If identification and verification of abuse exist, the department shall refer the individual to appropriate available services and shall waive for up to six months, pursuant to a determination of good cause, any program work requirements.

Article 3 Supplemental Payment Programs

§ 46-251 Mandatory state supplemental payments program

A. The mandatory state supplemental payments program provided for in this section may be administered directly by the department, or by the federal government under agreement with the department whereby the department pays to the federal government the cost of supplemental payments made under this section and the federal government administers the program pursuant to the agreement and title XVI of the social security act, as amended.

B. Mandatory state supplemental payments shall be granted for January 1974 and thereafter under this section to any person who meets and maintains the following requirements:

Was qualified for and received a state public assistance payment under the federally assisted program of old age assistance or aid to the blind or aid to persons with permanent and total disability for the month of December 1973, and
Is eligible for and receives, or who, but for his income, would be eligible to receive, a payment under title XVI of the social security act, as amended.

C. The amount of mandatory state supplemental payment to a recipient for a month shall be an amount equal to the amount by which such individual's December 1973 minimum income level as defined in title XVI of the social security act as amended, exceeds the amount of such individual's title XVI benefit plus other income.

§ 46-253 Ineligibility

No payment shall be made under this article to or on behalf of any individual who is not a resident of the state of Arizona or who refuses to apply for or accept supplemental security income for which he is eligible under title XVI of the social security act, as amended.

Article 5 Temporary Assistance for Needy Families

§ 46-291 Administration and notice; expenditure limitation; locating deserting parents and assets; violation; classification

A. Cash assistance shall be administered by the department of economic security subject to chapter 1 of this title and article 1 of this chapter. The total amount of state monies that may be spent in any fiscal year by the department of economic security for temporary assistance for needy families shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

B. The department shall give prompt notice to appropriate law enforcement officials of the furnishing of aid to a dependent child.

C. Notwithstanding the fulfillment of the eligibility requirements for any component of temporary assistance for needy families, an individual is not entitled to services or benefits under temporary assistance for needy families.

D. The department, its agent or any other state or its political subdivisions or agents that administer a child support enforcement program required by title IV-D of the social security act may request and shall receive information from the records of all entities in this state, including departments of this state and its political subdivisions and for profit and nonprofit entities. The department or receiving state or political subdivision shall use this information to assist it in locating a person or a person's assets if the person is under an obligation to pay child support, is sought regarding an obligation or is owed a child support obligation.

E. Notwithstanding any other confidentiality requirement prescribed by law, for profit entities, nonprofit entities, any department of this state and its political subdivisions shall provide information as is necessary for the purposes of subsection D of this section. The department of economic security may request and shall receive from the department of revenue information pursuant to this subsection in accordance with sections 41-1954 and 42-2003. This information may include a magnetic tape exchange. Only information directly bearing on the identity and whereabouts of a person or a person's assets who is under an obligation to pay child support or is sought regarding an obligation or regarding a child support obligation that is owed shall be requested and used or transmitted by the department pursuant to the authority conferred by this section. The department of economic security may make this information available only to public officials, agencies and agents of this state and its political subdivisions, and other states, their agents and their political subdivisions administering a child support enforcement program required by title IV-D of the social security act.

F. Any person who knowingly requests or obtains information pursuant to subsection D or E of this section for purposes other than locating the persons prescribed by subsections D and E of this section is guilty of a class 1 misdemeanor.

§ 46-292 Eligibility for assistance

A. A family without a dependent child in the household may not receive cash assistance.

B. Cash assistance may be given under this title to any dependent child and member of a needy family:

Who has established residence in Arizona at the time of application and who is either:

(a) A citizen by birth or naturalization.

(b) A qualified alien who entered the United States on or before August 21, 1996.

(c) A qualified alien who entered the United States as a member of one of the exception groups under Public Law 104-193, section 412, in which case the person shall be determined eligible in accordance with Public Law 104-193.

(d) Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104-208, section 501.

For the purposes of subdivisions (b) and (c) of this paragraph, "qualified alien" means a person who is defined as a qualified alien under Public Law 104-193, section 431.

If the parent or parents of the dependent child or the nonparent relative head of household receiving assistance, if employable, does not refuse to accept available employment. The department shall assess the applicant's employability at the time of initial application for assistance to establish a self-sufficiency diversion option, if appropriate, before benefit issuance. The determination of employability and the conditions under which employment shall be required shall be determined by the state department, except that claimed unemployability because of physical or mental incapacity shall be determined by the state department in accordance with this title.
If the parent or parents of the dependent child or the nonparent head of household in a needy family has not, within one year before application, or while a recipient, transferred or assigned real or personal property with the intent to evade federal or state eligibility requirements. Transfer of property with retention of a life estate for the purpose of qualifying for assistance is prohibited. Where fair consideration for the property was received, no inquiry into motive is necessary. A person found ineligible under this section shall be ineligible for such time as the state department determines.
Who meets the requirements of this section and department rule to qualify as part of the assistance unit.

C. Qualified aliens entering the United States after August 21, 1996 are ineligible for benefits for a period of five years beginning on their date of entry, except for Cuban and Haitian entrants as defined in section 501(e)(2) of the refugee education assistance act of 1980 and exceptions provided under Public Law 104-193 (personal responsibility and work opportunity reconciliation act of 1996) and Public Law 105-32 (balanced budget act of 1997).

D. A parent or any other relative who applies for or who receives cash assistance under this title on behalf of a child shall cooperate with the department by taking the following actions:

Providing information regarding the identity of the child's father and mother and other pertinent information including their names, social security numbers and current addresses or a sworn statement that attests to the lack of this information and that is accompanied by facts supporting the asserted lack of information.
Appearing at interviews, hearings and legal proceedings.
Submitting and having the child submit to genetic testing.
Signing authorizations for third parties to release information concerning the applicant or the child, or both.
In cases in which parentage has not been established, providing a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties.
Supplying additional information the department requires.

E. The department shall sanction a recipient who, without good cause as prescribed in subsection F of this section, fails to cooperate with child support enforcement efforts according to the sanction provisions of section 46-300.

F. One or more of the following circumstances constitute good cause for failure to cooperate with child support enforcement efforts:

Cooperation may result in physical or emotional harm to the parent, child for whom support is sought or caretaker relative with whom the child is living.
Legal proceedings for adoption of the child for whom support is sought are pending before a court.
The participant has been working, for less than ninety days, with a public or licensed private social agency on the issue of whether to allow the child for whom support is sought to be adopted.
The child for whom support is sought was conceived as a result of sexual assault pursuant to section 13-1406 or incest.

G. A person claiming good cause has twenty days from the date the good cause claim is provided to the agency to supply evidence supporting the claim. When determining whether the parent or relative is cooperating with the agency as provided in subsection D of this section, the agency shall require:

If the good cause exception in subsection F, paragraph 1 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances that indicate that the alleged parent or obligor might inflict physical harm on the parent, child or caretaker relative.
If the good cause exception in subsection F, paragraph 2 of this section is claimed, court documents that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.
If the good cause exception in subsection F, paragraph 3 of this section is claimed, records from a public or licensed private social services agency showing that placing the child for whom support is sought is under consideration.
If the good cause exception in subsection F, paragraph 4 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances surrounding the conception of the child that indicate the child was conceived as a result of sexual assault pursuant to section 13-1406 or incest.

H. Notwithstanding subsection B of this section and except as provided in subsection I of this section, a dependent child or children who are born during one of the following time periods are not eligible for assistance under this title:

The period in which the parent or other relative is receiving assistance benefits.
The temporary period in which the parent or other relative is ineligible pursuant to a penalty imposed by the department for failure to comply with benefit eligibility requirements, after which the parent or other relative is eligible for a continuation of benefits.
Any period after November 1, 1995 that is less than sixty months between a voluntary withdrawal from program benefits or a period of ineligibility for program benefits which immediately followed a period during which program benefits were received and a subsequent reapplication and eligibility approval for benefits.

I. The following exceptions apply to subsection H of this section:

The department shall allow an increase in cash assistance under the program for a dependent child or children born as a result of an act of sexual assault pursuant to section 13-1406 or incest. The department shall ensure that the proper law enforcement authorities are notified of allegations of sexual assault or incest made pursuant to this paragraph. For the purposes of this paragraph, "an act of sexual assault" includes sexual assault of a spouse if the offense was committed before August 12, 2005.
For those parents or other relatives who are currently authorized for cash assistance the department shall allow an increase in cash assistance under the program as a result of the birth of a child or children to the parent or other relative only if the birth occurred within ten months of the initial eligible month. The department may use only the additional child or children who are born from the pregnancies covered in this subsection in computing the additional benefit.
The department shall allow an increase in cash assistance for any dependent child born to a parent who has not received cash assistance under this title for at least twelve consecutive months if the child is born within the period beginning ten months after the twelve consecutive month period and ending ten months after the parent resumes receiving cash assistance.
A dependent child or children who were born during a period in which the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title.
A dependent child or children who were born within ten months after the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title.
The department of economic security shall allow cash assistance for an otherwise eligible dependent child during the period in which the dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and is placed in unlicensed kinship foster care with a nonparent relative or unrelated adult.
The department shall allow cash assistance for an otherwise eligible child who meets one of the following:

(a) The court has placed the child with a nonparent relative.

(b) The child's parents are deceased and the child is living with a nonparent relative.

J. The department shall calculate the sixty-month time period referenced in subsection H, paragraph 3 of this section in the following manner:

For persons who are receiving cash assistance on November 1, 1995, the sixty-month time period begins on November 1, 1995. A subsequent sixty-month time period begins immediately after the previous period ends if the person is receiving cash assistance through two sixty-month periods. If the individual is not receiving cash assistance at the end of the previous sixty-month period, any subsequent sixty-month time period begins on the date when cash assistance became effective again, regardless of when the person received an actual payment.
For persons who begin receiving cash assistance after November 1, 1995, the sixty-month time period begins on the date cash assistance becomes effective, regardless of when the person received an actual payment. A subsequent sixty-month period begins as provided in paragraph 1 of this subsection.

K. In calculating a parent's or any other relative's benefit increase that arises from any general increase that has been approved for all program recipients, the department shall not consider a child or children born under the time periods listed in subsection H of this section.

L. For the parents or other relatives who have additional children for whom they receive no cash assistance payment under subsection H of this section, the department shall make any necessary program amendments or request any necessary federal waivers to allow the parents or other relatives to earn income in an amount equal to the disallowed cash assistance payment without affecting their eligibility for assistance.

M. The director shall adopt rules:

To implement this section, including rules to define the investigatory steps that must be taken to confirm that an act of sexual assault pursuant to section 13-1406 or incest led to the birth of a dependent child or children.
That require the department to inform both verbally and in writing the parents and other relatives who are receiving assistance under this article of the specific family planning services that are available to them while they are enrolled as eligible persons in the Arizona health care cost containment system.

N. This section does not prevent an otherwise eligible child who is not included in the family's calculation of benefits under this article from being eligible for coverage under title 36, chapter 29 or for any services that are directly linked to eligibility for the temporary assistance for needy families program.

O. Assistance shall not be denied or terminated under this article because the principal wage earner works one hundred or more hours per month.

P. Except as provided in paragraph 2 of this subsection, all members of a needy family, including stepparents, must meet the same financial eligibility criteria established in this title, by department rule and as follows:

The department shall include all income from every source available to a needy family requesting cash assistance, except income that is required to be disregarded by this subsection and as determined by the department in rules. For the amount of income that is received from employment, each month every employed person is entitled to receive an earned income disregard of ninety dollars plus an additional thirty percent of the remaining earned income. A needy family that includes an employed person is entitled to an earned income disregard equal to the actual amount billed to the household for the care of an adult or child dependent household member, up to two hundred dollars a month for a child under two years of age and up to one hundred seventy-five dollars a month for each other dependent. This dependent care disregard is allowed only if the expense is necessary to allow the household member to become or remain employed or to attend postsecondary training or education that is preparatory to employment.
The total gross countable income of a needy family that includes a nonparent relative head of household who is not applying for or receiving cash assistance and who is requesting cash assistance only for a dependent child shall not exceed one hundred thirty percent of the federal poverty guidelines.

Q. If the total gross countable income in subsection P, paragraph 2 of this section does not exceed one hundred thirty percent of the federal poverty guidelines, in determining benefit amount, the department shall exclude the income of all members of the needy family except for the income of the eligible dependent child for whom cash assistance is requested.

R. For the purposes of eligibility and benefit amount, only the income of the dependent child is considered for a child only case.

S. Any parent or other relative who applies for or receives cash assistance under this article on behalf of a dependent child who is between six and sixteen years of age shall ensure that the child is enrolled in and attending school. An initial applicant is ineligible for benefits until the applicant's dependent children are verified to be enrolled in and attending an educational program. The department of education shall assist the department of economic security in obtaining verification of school enrollment and attendance. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection. The department of economic security shall sanction a recipient who fails, without good cause, to ensure school enrollment and attendance according to section 46-300.

T. Any parent or other relative who applies for or receives cash assistance under this section on behalf of a dependent child shall ensure that the child is immunized in accordance with the schedule of immunizations pursuant to section 36-672. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection. The department of economic security shall sanction a recipient, in accordance with section 46-300, who fails, without good cause, to obtain the required immunizations for a dependent child unless the recipient submits to the department of economic security the documentation described in section 15-873.

§ 46-293 Ineligibility for other public assistance

A person receiving assistance under this article shall not at the same time receive any other public assistance under this title except by authorization of the state department.

§ 46-294 Duration of assistance

A. A needy family is ineligible for a cash assistance grant awarded under this article, except in case of hardship or as provided in subsection G of this section, if any of the following applies:

The needy family includes a head of household or the spouse of the head of household who has received cash assistance for himself for a total of twelve months.
The needy family includes a cash assistance ineligible parent or the spouse of the ineligible parent who has received cash assistance on behalf of an eligible dependent child for a total of twelve months.
The needy family includes an adult nonparent relative head of household or the spouse of the adult nonparent relative head of household who has received cash assistance on behalf of an eligible dependent child for a total of twelve months.

B. The time limit prescribed in subsection A of this section applies retroactively to cash assistance received under this article or the Arizona works program on or after October 1, 2002. The time limit applies regardless of:

Whether the twelve months are consecutive.
The source of funding for the program.

C. The twelve month time limit prescribed in this section does not apply to child only cases.

D. In determining the number of months that assistance has been received, the department shall disregard any month during which assistance is received by:

A foster parent, an unrelated adult or a nonparent relative, in a child only case.
An assistance unit during the time in which the assistance unit resides on an Indian reservation in which the unemployment rate of the adults residing on the Indian reservation exceeds fifty percent.
An assistance unit if the cash assistance grant is less than the full monthly amount of cash assistance for which the assistance unit qualifies based on the date of the application.
An adult recipient who as a minor child was not a head of household or married to a head of household.

E. Except in case of hardship or as provided in subsection G of this section, an assistance unit in which any adult or minor parent of a dependent child who is a head of household or married to a head of household has received sixty months of assistance funded in whole or in part by the temporary assistance for needy families block grant in this or any other state or United States territory or from a tribal temporary assistance for needy families program shall not be eligible to receive under any circumstances more than sixty months of such assistance.

F. Consistent with the adopted state plan, cash assistance shall terminate on July 1, 2016 for any family, without regard to whether the family meets the financial criteria established for a needy family, that has received twelve or more months of cash assistance as of that date.

G. A needy family may receive cash assistance for an additional twelve months if both of the following apply:

The head of household or other adult household member who is required to participate in the work program is in full compliance and remains in full compliance with all work activity requirements of the program.
Each dependent child in the assistance unit, who is required to attend school pursuant to section 15-803, not including child only cases, has a school attendance record of at least ninety percent unless the child was excused pursuant to section 15-802, subsection D, paragraph 1, 3, 5, 6 or 7.

§ 46-295 Recovery of public assistance from legally responsible persons; fund

A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to reimburse the department for public assistance provided, the department, through the attorney general or county attorney, shall proceed in the following order against:

The spouse of a recipient.
The former spouse of a recipient.
A father or mother not presently receiving public assistance.
Any other legally responsible person.

B. If a recipient of public assistance receives an overpayment of support or is determined ineligible pursuant to section 46-292 or 46-293, the department may recover the support incorrectly paid during that time period. The department shall deposit monies recovered in the public assistance collections fund established pursuant to this section.

C. On request of the department, the attorney general or county attorney shall commence an action in the superior court in the county where the recipient of public assistance resides or in the superior court in Maricopa county, against the persons in the order specified in subsection A of this section, to recover the assistance granted and to secure an order requiring payment of amounts that become due in the future for which the person is liable.

D. The public assistance collections fund is established consisting of monies received pursuant to this section and section 41-2752. The department shall administer the fund. Subject to legislative appropriation, the department shall use fund monies to improve public assistance collection activities. The department shall deposit, pursuant to sections 35-146 and 35-147, twenty-five per cent of the monies collected pursuant to this section in the public assistance collections fund and seventy-five per cent of the monies collected pursuant to this section in the state general fund. Notwithstanding this subsection, pursuant to sections 35-146 and 35-147, the department shall deposit fifty per cent of the monies collected pursuant to section 41-2752 in the public assistance fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752 shall be deposited in the state general fund.

§ 46-296 Eligibility for assistance; unwed minor parents

A. Except as provided in subsection B, an assistance unit headed by an unmarried person under eighteen years of age is not eligible for assistance benefits.

B. Subsection A does not apply to unwed minor parents in any of the following situations:

The applicant has no living or locatable parent, other legally responsible adult relative or legal guardian.
The applicant is a legally emancipated person. For purposes of this paragraph, "emancipated person" means a person who, under the laws of this state, is neither under a legal duty of service to a parent or parents, other adult relative or legal guardian nor entitled to the support of a parent or parents, other adult relative or legal guardian. The department shall adopt rules prescribing relatives who can be considered as an "other adult relative".
On submission of an applicant's statement of abuse or neglect, the department determines that there is sufficient evidence that the health or safety of the applicant or the applicant's dependent child or children would be jeopardized if the applicant or dependent child or children resided with the applicant's parent, other legally responsible adult relative or legal guardian.
The unwed minor parent and his child or children reside with the minor's parent or parents, other adult relative or legal guardian who either has eligible children or is determined needy by the department. The department shall use the following guidelines when determining eligibility pursuant to this paragraph:

(a) In the case of the minor's parent or parents, other adult relative or legal guardian with eligible children, the department shall combine all eligible children in one assistance unit and grant. The minor parent's parent or parents, other adult relative or legal guardian shall be the applicant and payee for the assistance grant.

(b) For purposes of determining whether the minor's parent or parents, other adult relative or legal guardian is needy, the department, by rule, shall adopt a screening tool with income criteria not exceeding those used to determine eligibility for assistance benefits. If the department determines the household to be needy, the unwed minor parent shall be considered an eligible applicant for assistance benefits.

C. Nothing in this section shall be construed to prevent an otherwise eligible person who is not eligible for cash assistance benefits pursuant to subsection A from being eligible to receive covered medical services under title 36, chapter 29 or any other services that are directly linked to eligibility for the temporary assistance for needy families program.

D. Any attempt by a minor applicant for assistance benefits to knowingly misrepresent information in a manner that is designed to subvert the requirements of subsection B constitutes fraud, and the department shall report the person to the appropriate authorities. The department also shall report to the appropriate authorities any evidence of abuse or neglect the department obtains while making a finding pursuant to subsection B, paragraph 3 regarding the health or safety of an unwed minor parent or the unwed minor parent's dependent child or children.

E. In implementing any provision under this title regarding limiting benefits for additional children, the department, only for the purposes of attempting to assign a birth to a specific assistance unit, shall consider as separate assistance units the combined household referenced in subsection B, paragraph 4.

§ 46-297 Electronic benefit transfers; prohibitions; penalties; violation; classification; definitions

A. A head of household who receives cash assistance pursuant to this article, or on behalf of another person, and any person authorized by the head of household shall not conduct an electronic benefit transfer card transaction at any of the following:

A liquor store.
A commercial horse racing or dog racing facility as defined in section 5-101.
A casino, gambling casino or gaming establishment or a gaming facility located on Indian lands pursuant to section 5-601.02.
An adult oriented entertainment establishment.
A medical marijuana dispensary.

B. In addition to the restrictions prescribed in subsection A of this section, a head of household who receives cash assistance pursuant to this article, or on behalf of another person, and any person authorized by the head of household may not use an electronic benefit transfer card to purchase lottery tickets.

C. It is unlawful for an adult oriented entertainment establishment to operate on the licensed or permitted premises an automatic teller machine or a point-of-sale terminal that accepts electronic benefit transfer cards issued under this title or that processes electronic benefit transfer card transactions. A violation of this subsection is a license violation.

D. The department shall notify electronic benefit transfer card recipients of the restrictions prescribed in this section.

E. A person who violates subsection A, B or C of this section is guilty of a class 1 misdemeanor.

F. For the purposes of this section:

"Adult oriented entertainment establishment" means an entertainment business at which performers disrobe or perform in an unclothed state.
Casino, gambling casino and gaming establishment do not include either of the following:

(a) A grocery store that sells groceries, including staple foods, and that is located in the same building or complex as a casino, gambling casino or gaming establishment.

(b) Any other business that offers gambling or gaming activities incidental to the principal purpose of the business.

"Electronic benefit transfer card transaction" means the use of a credit or debit card service, automated teller machine or point-of-sale terminal or access to an online system for the withdrawal of cash assistance provided pursuant to this article or for the processing of a payment for merchandise or a service from cash assistance provided pursuant to this article.
"Liquor" means the following substances as defined in section 4-101:

(a) Beer.

(b) Wine.

(d) Spirituous liquor.

"Liquor store" means:

(a) A retail establishment that exclusively or primarily sells liquor, but does not include a grocery store that sells both liquor and groceries, including staple foods.

(b) An on-sale retailer as defined in section 4-101 if the on-sale retailer sells liquor in the original container for consumption off premises.

"Staple food" means food in any of the following categories except accessory food items such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments and spices:

(a) Meat, poultry or fish.

(b) Bread or cereals.

(d) Dairy products.

§ 46-297.01 Electronic benefit transfer cards; replacements; out-of-state spending; fraud investigation

A. The department shall send each recipient who requests two replacement cards within a twelve-month period a letter informing the recipient that another request will initiate an investigation by the department to determine whether there is fraud. If a third-party vendor is administering replacement cards directly to recipients, the vendor shall notify the department after a recipient requests a second replacement card in a twelve-month period and makes any subsequent request thereafter.

B. After a recipient's request for a third replacement card within any twelve-month period, and any subsequent request thereafter, the department shall schedule an interview with the recipient and, if the department has been granted a waiver, determine whether there is fraud before issuing a new card. The recipient's request for a fourth replacement card requires the department to schedule an interview with the recipient to determine whether there is fraud before issuing a new card. The department shall request any necessary federal waivers to comply with this section.

C. If a recipient uses more than ten percent of the recipient's electronic benefit transfer card balance in a six-month period on out-of-state purchases, the department shall schedule an interview with the recipient to determine whether there is fraud.

§ 46-297.02 Electronic benefit transfer card; spending report

A. The department shall post on the department's website a spending report of the supplemental nutrition assistance program and temporary assistance for needy families benefit. The spending report shall include all of the following:

The dollar amount and number of transactions of supplemental nutrition assistance program benefits that are accessed or spent outside of this state, disaggregated by state.
The dollar amount and number of transactions of temporary assistance for needy families benefits that are accessed or spent outside of this state, disaggregated by state.
The dollar amount and number of transactions of temporary assistance for needy families benefits that are accessed or spent in this state, disaggregated by retailer, institution or location.

B. The spending report shall be de-identified to prevent identification of individual recipients.

C. The department shall purge the spending report six months after the report is issued.

§ 46-298 Diversion from long-term assistance; report; definition

A. At the time an applicant's employability is assessed during the initial application for assistance, the department shall determine whether the applicant should be offered services under the diversion option rather than long-term cash assistance. The assessment shall consider the following:

The applicant's employment history.
The likelihood of the applicant obtaining full-time employment given the applicant's education, training and work experience within ninety days of the initial application.
The applicant's need for cash assistance.

B. If the department finds that the applicant is eligible for the diversion option, it shall explain the benefits and requirements to the applicant, including the amount of the diversion option payment.

C. If the department and the applicant agree to select the diversion option as the appropriate means to self-sufficiency, the department shall issue benefits, if the applicant is eligible, within three working days after the applicant submits a completed application, including all required information and necessary documentation.

D. The department shall provide a dollar amount equal to three times the monthly amount of cash assistance for which the applicant qualifies. The applicant is also eligible to receive employment services, as defined in section 46-300.01, subsection I, administered by the department for ninety days from the initial application to expedite employment placement.

E. The applicant must sign an agreement that lists the requirements and conditions of the diversion option.

F. The department shall expedite employment placement services if these services are requested by an applicant who is approved for and participating in the diversion option.

G. An applicant approved for the diversion option is eligible for all other support services for which recipients of temporary assistance for needy families are automatically eligible.

H. If the applicant decides to reapply for long-term cash assistance within three months from the date of initial application, the department shall prorate the diversion payment to the applicant over a three month period beginning on the date of initial application and subtract this amount from the temporary assistance for needy families payment the applicant's assistance unit receives.

I. If the diversion option is not appropriate for an applicant or the applicant chooses not to participate in the diversion option, the applicant may receive cash assistance as provided under this chapter.

J. The director of the department shall submit an annual report to the joint legislative budget committee ninety days after the end of the fiscal year beginning with fiscal year 2008-2009. The report shall include:

The number of recipients provided services under the diversion option.
The number of recipients who reapply for long-term cash assistance within one hundred eighty days after initially participating in the diversion program.
The number of recipients who obtained employment within ninety days of receiving assistance under the diversion option.

K. For the purposes of this section, "diversion option" means granting an amount of cash benefits to certain applicants who are eligible for long-term cash assistance but who have only short-term needs and who find the services described in this section the most appropriate means to self-sufficiency.

§ 46-299 Jobs program; definition

A. As a condition of eligibility or continuing eligibility for cash assistance, all recipients shall engage in work activities that are established in this article and determined appropriate by the department. An individual with a disability shall engage in work activities as required by this subsection unless the individual with a disability provides the department verification of a condition that meets disability or temporary disability criteria established by the department. The following individuals are temporarily deferred from the requirement to engage in work activities:

A parent in a single parent family or a nonparent relative personally caring for a child who is under twelve months of age for a period of not more than twelve months in the recipient's lifetime. This deferral does not apply to teenaged custodial parents who do not have a high school diploma or its equivalent.
An unmarried custodial parent who is under eighteen years of age and who is personally caring for a child who is under twelve weeks of age.
An individual who provides verification acceptable to the department that the individual is personally caring for the individual's dependent who is a person with a disability and who is unable to care for himself.
Victims of domestic violence whose participation in work activities causes an immediate threat to their own safety or the safety of their children.
Dependent children as defined in this article.

B. To the extent that the state meets the federally required work participation rates, unmarried custodial parents may attend education directly related to employment full time in lieu of standard work participation requirements. The department may require additional work activities. For the purposes of this subsection, "education directly related to employment" includes a general education development program, a career and technical education program, an associate degree program or a postsecondary education program.

C. Teenaged heads of household who are under twenty years of age and who have not attained their high school diploma or its equivalent are required to either:

Maintain satisfactory attendance at a secondary school or the equivalent.
Satisfactorily participate in education directly related to employment at the level of participation established by the department.

D. The department may establish the minimum work participation level required to meet the work requirements established in Public Law 104-193, section 407 (1996).

E. All cash assistance recipients, excluding dependent children, shall complete a personal responsibility declaration.

F. All cash assistance recipients, excluding dependent children complying with compulsory school requirements as prescribed in section 15-803, shall also participate in the development of an employment plan and shall receive services in support of and as specified in that plan.

G. Participants who fail or refuse to engage in work activities as required by the department are subject to the graduated sanctions prescribed in section 46-300.

H. The department shall adopt rules that establish good cause reasons that excuse the participant from engaging in work activities.

I. The department may allow a course in financial literacy and personal finance to qualify as a work activity for the purposes of this article. A course in financial literacy and personal finance includes instruction on household cash management techniques, career advice to obtain well-paying and secure employment, using checking and savings accounts, obtaining and using short-term and long-term credit or securing a loan or other long-term financing arrangements for high-cost items.

J. The department shall provide the Jobs program to eligible families transitioning off cash assistance due to the time limit if needed to obtain employment, to maintain employment or to receive a higher level of employment. The Jobs program shall be provided for up to twelve months after a cash assistance case closure.

K. For a participant to qualify for Jobs program services after a cash assistance case closure, all of the following must apply:

The cash assistance case was closed due to the time limit.
The participant was enrolled in the Jobs program at the time of case closure.
The case was not in a Jobs sanction at the time of closure.
The department has sufficient monies to pay for activities or services.

L. This state shall provide workers' compensation coverage for cash assistance recipients who are engaged in unpaid work experience or community service programs as established in this article. The cost shall be paid from the temporary assistance for needy families monies.

M. The department may operate on a statewide basis a wage subsidy program. Employers may hire recipients of cash assistance and supplemental nutrition assistance for subsidized job slots that are full time and that offer a reasonable possibility of unsubsidized employment after the subsidy period. This program shall provide that:

Employers who operate an approved wage subsidy program shall receive a subsidy for up to six months. The department may grant an extension of three months to employers operating in areas identified as having a higher unemployment rate than the state average, as defined by the department, if the extension increases the likelihood of ongoing unsubsidized employment for the subsidized employee.
The department shall ensure that subsidized jobs made available to subsidized employees:

(a) Do not require work in excess of forty hours per week.

(b) Pay a wage that is substantially like the wage paid for similar jobs with the employer with appropriate adjustments for experience and training but not less than the federal minimum hourly wage.

(d) Do not displace currently employed workers or fill positions that are vacant due to a layoff.

Wage subsidy employers shall:

(a) Maintain health, safety and working conditions at or above levels generally acceptable in the industry and not less than those of comparable jobs offered by the employer.

(b) Provide on-the-job training necessary for subsidized employees to perform their duties.

(c) Sign an agreement for each placement outlining the specific job offered to a subsidized employee and agree to abide by all of the requirements of the program. All agreements shall contain a provision that sets forth the employer's responsibility to repay subsidies paid under this article if the employer violates program requirements.

(d) Provide workers' compensation coverage for each subsidized employee they employ.

(e) Provide the subsidized employee with benefits equal to those for new employees or as required by state and federal law, whichever is greater. For the purposes of this subdivision, "benefits" includes health care coverage, paid sick leave and holiday and vacation pay.

Eligible subsidized employees are those who:

(a) Do not have sufficient work experience to obtain unsubsidized employment.

(b) Have completed an employment preparation program.

The department shall:

(a) Disregard income earned by the subsidized employee in the subsidized job when determining the household's eligibility for cash assistance and the supplemental nutrition assistance program.

(b) Suspend regular payments of cash assistance and supplemental nutrition assistance to the household at the end of the calendar month in which an employer makes the first subsidized wage payment to a subsidized employee who is otherwise eligible to receive the cash assistance and supplemental nutrition assistance.

(c) Reimburse employers each month, from cash assistance and the supplemental nutrition assistance program, the lesser of a fixed subsidy amount determined by the department or the gross wages paid to the subsidized employee.

(d) Determine eligibility for supplemental payments as follows:

(i) If the net monthly full-time wage paid to a subsidized employee is less than the combined monthly total of the cash assistance and supplemental nutrition assistance the participant is eligible to receive, the department shall authorize issuance of a supplemental cash payment to compensate for the deficit. To determine if a deficit exists, the department shall adopt, through rules, an equivalency scale that is adjustable to household size and other factors. For the purposes of this item, "net monthly full-time wage" means a participant's wages after required payroll deductions.

(ii) The department shall monthly determine and pay in advance supplemental payments to eligible subsidized employees. In calculating the payment, the department shall assume that the participant will work forty hours per week during the month unless an employer provides information that the number of hours to be worked by a subsidized employee will be reduced.

N. For the purposes of this section, "subsidized employee" means an individual who is engaged in this subsidized employment activity.

§ 46-300 Sanctions

A. The department shall impose a series of graduated sanctions as described in subsection D of this section for any noncompliance with:

The child support enforcement efforts required by section 46-292, subsection D unless good cause is established as provided in section 46-292, subsections F and G.
The work activities requirements described in section 46-299, unless good cause is established as provided in section 46-299, subsection H and department rules. A recipient who does not comply with the work activities requirements shall demonstrate compliance with the work activities requirements in order to continue benefit eligibility and to avoid sanctions.
The school enrollment and attendance requirements of section 46-292, subsection S.
The immunization requirements of section 46-292, subsection T.

B. In addition to subsection A of this section, the department shall impose a series of graduated sanctions as described in subsection D of this section if either of the following occurs:

The recipient voluntarily terminates paid employment without good cause as specified in rules adopted by the director.
An adult recipient uses, sells or possesses a controlled substance in violation of title 13 as specified in rules adopted by the director.

C. Noncompliance with one or more of the requirements listed in subsection A of this section during any calendar month is deemed to be a month of noncompliance and shall result in the sanctions prescribed in subsection D of this section. The department shall impose these graduated sanctions even if the instances of noncompliance do not occur in consecutive months.

D. The department shall impose the following sanctions:

For the first instance of noncompliance, the department shall reduce the household's cash assistance grant by fifty percent for one month.
For a second instance of noncompliance that occurs in a month other than the month in which the first noncompliance occurred and any instance of noncompliance thereafter, the department shall terminate the household's cash assistance grant for at least one month or until the household complies.

§ 46-300.01 JOBS program; privatization; definitions

A. The department shall begin preparing a request for proposals for privatization throughout this state for case management and employment services necessary to operate the JOBS program. If the federal government:

Reauthorizes welfare reform legislation on or before July 1, 2004, the department shall issue a request for proposals by October 1, 2004 and at least once every five years thereafter. On January 1, 2005, the department may begin to contract with qualified providers. The department shall use reasonable efforts to begin to contract with qualified providers for case management and employment services necessary to operate the JOBS program by July 1, 2005.
Does not reauthorize welfare reform legislation on or before July 1, 2004, the department shall issue a request for proposals by October 1, 2005 and at least once every five years thereafter. On January 1, 2006, the department may begin to contract with qualified providers. The department shall use reasonable efforts to begin to contract with qualified providers for case management and employment services necessary to operate the JOBS program by July 1, 2006.

B. Providers eligible to compete for the JOBS program case management and employment service contracts include private, for profit businesses, nonprofit community organizations, community college districts and local and tribal government entities. Providers must demonstrate the ability to perform JOBS case management services, provide quality service and be responsive to the needs of the recipients. If sufficient reasons exist, the department may reject all providers who place bids pursuant to this section.

C. The JOBS program case management and employment services contracts shall be written for all areas of this state in which qualified providers are available. In establishing contracts for these services, the department may adopt a service model for a particular county or area of this state that uses either a single provider or multiple providers. If the federal government reauthorizes welfare reform legislation on or before July 1, 2004, the providers may begin operating the JOBS program in areas of this state by January 1, 2005, and shall operate the JOBS program in areas of this state by July 1, 2005. If the federal government does not reauthorize welfare reform legislation on or before July 1, 2004, the providers may begin operating the JOBS program in areas of this state by January 1, 2006, and shall operate the JOBS program in areas of this state by July 1, 2006. A provider may operate in more than one area of the state. The specific area in which the provider performs services shall be described in detail in the contract. The contract shall include provisions that make the contractor accountable for performance and may impose penalties for failure to perform the contract terms.

D. The department shall:

Make a determination whether qualified providers are available based on response to requests for proposals the department issues.
Establish the provisions of the JOBS program case management and employment services contracts.
Take immediate action, in the event of a provider failure, to directly administer services until an alternative provider can be secured.
Continue to provide case management and employment services in an area when no qualified providers have submitted proposals to provide these services in the area. In areas where there are no providers or an insufficient number of providers, the department may continue to attempt to procure private contractors for the area.
Hold all contracted providers of case management and employment services accountable to specified performance measures and results with payment for services based on performance.

E. Department of economic security employees who are displaced by implementation of privatization of the JOBS program authorized by this section shall receive priority consideration for employment by the private provider or providers based on prior training and experience. Employment options for displaced employees shall be made available pursuant to title 41, chapter 4, article 5.

F. Contracted payments for the JOBS case management services shall not exceed the total level of funding that is made available to the department to operate the JOBS program, including other related child care and support services, as a department program. The department shall retain sufficient funding to ensure the efficient operation of the program and compliance with the contract terms, state plans and all federal and state statutes and rules.

G. After contracts are awarded pursuant to this section, the director may negotiate with any successful bidder for the expansion or contraction of services or service areas if there are unnecessary gaps or duplications in services or service areas.

H. Procurement under this section is exempt from title 41, chapter 25, article 2.

I. For the purposes of this section:

"Case management services" includes:

(a) Developing individual employability plans.

(b) Assigning work activities.

(c) Referring persons, as necessary, to appropriate contracted providers for employment, education, medical and counseling services.

(d) Child care eligibility determinations for families receiving cash assistance or transitioning off of cash assistance. Child care eligibility determinations does not include child care services pursuant to section 46-802, 46-805, 46-807, 46-808 or 46-809.

"Department" means the department of economic security.
"Employment services" includes:

(a) Providing job readiness training.

(b) Assisting clients with job location and placement activities for unsubsidized paid employment.

(c) Establishing and monitoring subsidized employment opportunities and placement for individuals unable to obtain unsubsidized employment.

(d) Establishing and monitoring unpaid work experience and community service opportunities and placement for those individuals needing this level of assistance to move to paid employment.

(e) Providing employment related support services.

"JOBS program" means the program administered by the department of economic security to implement the provisions of section 46-299.

§ 46-300.02 Orders to seek employment; persons owing child support

If the court determines that an obligor is delinquent in paying support, the court may issue an order requiring the obligor to:

Pay support in accordance with a payment plan.
Participate in work activities if the obligor is subject to a payment plan and is not incapacitated.

§ 46-300.03 Individual development accounts; definition

A. A financial instrument known as an individual development account is established. An individual development account shall be in the name of an individual account holder who is a member of an assistance unit that is receiving cash assistance benefits.

B. Deposits to an individual development account may be made by:

The individual account holder.
A member of the individual account holder's assistance unit.
A nonprofit organization.
Individual contributors.

C. The department shall:

Adopt rules regarding:

(a) The establishment and administration of the individual development accounts. These rules shall include provisions that stipulate that the department may not qualify an assistance unit for benefits by prospectively budgeting the availability of an individual development account.

(b) The criteria a nonprofit organization must satisfy before making deposits to individual development accounts.

Not approve more than one individual development account per assistance unit.
Issue a request for proposals to financial institutions to establish and, together with the department, administer individual development accounts.
Not approve an individual development account for any recipient who has been found by either the department or a court of law to have committed any act of fraud or abuse with respect to any cash or in-kind benefit program including aid to families with dependent children, food stamps or medicaid.
Investigate all cases for possible fraud or abuse when there is evidence or other reason to believe that income sources for an account holder's deposits were previously available to the account holder but undeclared during application or subsequent redetermination for assistance, or that individual contributions to an account should have been declared as income or child support payments or represent proceeds from illegal activities.

D. The individual development accounts shall be administered by a financial institution that is licensed by the department of insurance and financial institutions. These accounts shall earn interest at rates that are competitive with savings account rates.

E. The balance of an individual development account at any one time may not exceed $9,000. Total deposits to an individual development account over the life of the account shall not exceed $12,000. Deposits from income earned by a member or members of an assistance unit may not exceed $200 per month.

F. The account holder whose assistance unit is receiving cash assistance benefits from the department may withdraw monies from the account holder's individual development account for:

Educational costs at an accredited institution of higher education that are paid directly to the institution.
Training costs for an accredited, licensed or certified training program that are paid directly to an eligible education institution.
Purchase costs for a first home to be used as a qualified principal residence by the account holder. These costs shall be paid directly to the persons or organizations to which the amounts are due.
Business capitalization expenses paid directly to a business capitalization account, which is held in a federally insured financial institution. The business capitalization account shall be restricted to use solely for qualified business capitalization expenses.

G. Unless the monies would have been otherwise disregarded from an income calculation, the department shall consider withdrawals from an individual development account, for purposes other than those established in subsection F of this section, by an account holder whose assistance unit is receiving cash assistance or both cash assistance and food stamp program benefits, as income to the assistance unit in the month that it is withdrawn.

H. The department shall disregard from an assistance unit's earned income calculation fifty per cent of a deposit made to an individual development account from the proceeds of an account holder's or assistance unit member's earned income. The maximum monthly disregard under this subsection shall not exceed $100.

I. Subject to the limitations prescribed in this section, deposits made into an individual development account and the account balance, including interest earned, shall be disregarded by the department in determining the account holder's and the assistance unit's eligibility for the cash assistance and food stamp programs as well as any other assistance or services in which eligibility for receipt is directly linked to eligibility for the cash assistance and food stamp programs. If an assistance unit with an individual development account experiences any break in eligibility for cash assistance, and then subsequently reapplies for either cash assistance or food stamp program benefits, the department shall consider any remaining account monies, unless otherwise excludable, as countable assets and shall not disregard, for purposes of eligibility in either program, future deposits into an individual development account.

J. The account holder shall name contingent beneficiaries when the account holder establishes the account and may change beneficiaries at any time after the account is established. If the named beneficiary is deceased or otherwise cannot accept the transfer, the monies shall be deemed unclaimed property.

K. A holder of an individual development account whose assistance unit is no longer receiving cash assistance benefits from the department may withdraw the holder's deposited monies from the holder's account for any purpose. The account holder is responsible to abide by any regulations or guidelines regarding the use of any monies contained in the account that are from a nonprofit or governmental organization.

L. For the purposes of this section "department" means the department of economic security.

M. The legislature intends by this section to address the problem faced by many assistance beneficiaries of being unable to either achieve educational goals or accumulate resources during a stay on welfare due to the effects of financial eligibility criteria. The inability to meet educational goals or accumulate some financial resources is a significant reason why many beneficiaries do not permanently transition off of welfare programs and instead shuttle back and forth between periods of eligibility and ineligibility. The purpose of the individual development accounts is to provide an additional tool to assist beneficiaries to use during and after a stay on welfare, in order to help facilitate a permanent transition off of welfare programs and into self-sufficiency.

§ 46-300.04 Perinatal substance abuse treatment and services

A. With monies appropriated for temporary assistance for needy families the department of economic security shall provide funding to the department of health services for perinatal substance abuse treatment and services for persons whose family income does not exceed two hundred per cent of the federal poverty guidelines as published by the United States department of health and human services.

B. Monies provided pursuant to this section:

Shall be used to supplement and not to supplant other monies available for funding perinatal substance abuse treatment and services. These monies shall not be expended for any treatment or services if monies from another source are available to pay for the treatment or services.
Shall not be used for medical treatment in compliance with the federal law and regulations for the temporary assistance for needy families block grant.

§ 46-300.05 Substance abuse treatment

A. The department of economic security may provide monies appropriated for temporary assistance for needy families to the department of child safety to provide substance abuse treatment pursuant to title 8, chapter 4, article 13. Treatment services for which these monies may be used include:

Program development pursuant to section 8-882.
Integration of program activities.
Provision of unfunded services to provide a recipient a comprehensive treatment program.
Evaluation of the effectiveness of treatment services for recipients of the services.

B. Monies provided pursuant to this section:

Shall be used to supplement and not to supplant other revenues available for funding substance abuse prevention, treatment and other service needs.
Shall not be used for medical treatment.

C. The department of economic security in partnership with the department of health services as joint administrators of the fund shall amend the state plan for temporary assistance for needy families as necessary to use temporary assistance for needy families monies provided in this section.

§ 46-300.06 Food bank assistance for welfare to work and low income families program

The department shall develop and implement a statewide program to provide food assistance through food banks for welfare to work and low income families with priority consideration for temporary assistance for needy families cash assistance recipients. The department shall establish guidelines regarding the distribution of monies and food bank services after consulting with food banks in the state.

§ 46-300.07 Employment service contractors; success rate; semiannual report

Beginning in 2017, each employment service contractor shall report semiannually to the director, the speaker of the house of representatives, the president of the senate and the governor, on or before December 31 and June 30 of each year, the percentage of persons placed in jobs by the contractor, the percentage of persons who have retained a job for more than three months, the average wage paid for all persons employed through the contractor and the percentage of persons receiving health benefits through their employer. A copy of the report shall be provided to the secretary of state.

Article 5.1 Choice of Practitioner in Eye Care Services

§ 46-301 Definitions

In this article, unless the context otherwise requires:

"Person aggrieved" means any person who has not been permitted freedom of choice of a practitioner in eye care services when he is entitled to receive such eye care services, or the holder of a license or a certificate to practice in this state in the field of eye care who has been discriminated against in violation of the provisions of this article.
"Practitioners in the field of eye care" means persons duly licensed or certified in this state to engage in the practice of the profession of optometry, or physicians and surgeons skilled in diseases of the eye.

§ 46-302 Selection of practitioner

Any person entitled to receive eye care under any program supported by funds of the state or any political subdivision thereof, shall have full freedom to choose a practitioner in the field of eye care to provide the examination, care or treatment for which the person is eligible, if in accordance with federal and state civil rights acts.

§ 46-303 Violation; injunction

A. No person working in any program supported by state funds nor any state agency or agency of any political subdivision thereof, or any employee thereof, shall hinder or prohibit any person who is entitled to eye care which may be rendered by either an optometrist or a physician and surgeon skilled in diseases of the eye, to select a member of either such profession to render the service within the scope of his license.

B. Whenever any person has engaged in any act or practice which constitutes a violation of this section, the superior court in and for the county wherein the act or practice took place, may issue an injunction, or other appropriate order, restraining such conduct on application of the attorney general, the county attorney or any person aggrieved.

Article 6 Conformity

§ 46-311 Conformity with federal legislation

Where any conflict with the federal vocational rehabilitation act, the federal Randolph-Sheppard act, or the federal social security act shall occur in this title, the federal legislation shall control.

Article 7 Child Care Food Program

§ 46-321 Fingerprinting; affidavit

A. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies from the department of education shall register with the department of education in order to receive those monies, unless they are public schools, child care facilities licensed by the department of health services or child care homes certified by the department of economic security.

B. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies as provided in subsection A of this section shall require all child care providers to submit the form prescribed in subsection F of this section to the department of education and to have valid fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or to apply for a fingerprint clearance card within seven working days of employment before they receive any of those monies.

C. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that any child care personnel who is employed or who will be employed during the contract term has not been convicted of, has not admitted to or is not awaiting trial on any of the offenses listed in subsection F of this section or is not the parent or guardian of a child adjudicated to be a dependent child as defined in section 8-201 or the parent or guardian of a child adjudicated a dependent child under similar provisions in another state or jurisdiction.

D. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that good faith efforts have been made to contact previous employers of tribal and military child care personnel.

E. The department of education shall charge sponsors receiving federal child care food program monies as provided in subsection A of this section for the costs of their fingerprint checks.

F. Sponsors receiving federal child care food program monies as provided in subsection A of this section shall require all child care personnel to certify on forms that are provided by the department of education and notarized that:

They are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-705.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors involving drug offenses.

(v) A violation of section 28-1381, 28-1382 or 28-1383.

(w) Offenses involving domestic violence.

They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.
They have not been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

G. Sponsors shall make documented, good faith efforts to contact previous employers of child care personnel who receive federal child care food program monies as provided in subsection A of this section to obtain information or recommendations that may be relevant to an individual's fitness for child care.

H. The notarized forms are confidential.

I. The state board of education shall notify the department of public safety if the state board of education receives credible evidence that any child care provider who possesses a valid fingerprint clearance card either:

Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.
Falsified information on the form required by subsection F of this section.

Article 8 Arizona Special Supplemental Food Program Fund for Women, Infants and Children

§ 46-331 Arizona special supplemental food program fund for women, infants and children; purpose; reimbursement

A. A permanent Arizona special supplemental food program fund for women, infants and children is established in the department of health services consisting of monies appropriated from the state general fund.

B. Monies in the Arizona special supplemental food program fund shall be used to meet the costs of supplying prescribed supplemental foods to individuals enrolled in the Arizona special supplemental food program for women, infants and children when federal monies for the program are temporarily unavailable to meet the contracted case load during a federal fiscal year.

C. Monies in the fund shall be used for food costs only.

D. The department, subject to federal law, shall replenish the Arizona special supplemental food program fund to its appropriated level upon receipt of any federal monies for support of supplemental food programs for women, infants and children.

Chapter 3 Child Support Obligations

Article 1 Reimbursement of Public Assistance

§ 46-401 Purpose

It is the public policy of this state that parents shall be responsible for the support of their dependent children in order to relieve or avoid the burden often borne by the general citizenry through public assistance programs. The existing remedies pertaining to family desertion and nonsupport of dependent children may be augmented by the additional remedies as provided in this chapter, which are directed to the resources of the parents. These remedies are intended to be additional to those provided under existing law.

§ 46-402 Definitions

In this chapter, unless the context otherwise requires:

"Absent parent" means the non-custodial natural or adoptive father or mother of a dependent child.
"Business day" has the same meaning prescribed in section 25-500.
"Court" means any court in this or any other state having jurisdiction to determine the liability of persons for the support of another person.
"Court order" means any judgment or order of any court that orders payment of a set or determinable amount of support money.
"Department" means the Arizona department of economic security.
"Dependent child" means a person under the age of eighteen who is eligible for temporary assistance for needy families as provided in chapter 2, article 5 of this title.
"Director" means the director of the department of economic security or the director's designee or authorized representative.
"Obligee" has the same meaning prescribed in section 25-500.
"Public assistance" or "assistance" means any money payments made by the department that are paid to or for the benefit of any dependent child as provided in chapter 2, article 5 of this title.
"State" includes a state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.
"Title IV-D" has the same meaning prescribed in section 25-500.

§ 46-403 Authorization of department to act

Commencing with the payment of public assistance by the department, the director may take action as provided in this chapter to collect child support.

§ 46-404 Notice; service; order

A. At any time after the department is assigned support rights or a public assistance payment is made, the director may issue a notice to be served upon the absent parent in the manner prescribed for service or summons in a civil action.

B. The notice shall include:

The name of the dependent child or children for whom support is to be paid.
A statement that the department intends to review the absent parents' support obligation.
A statement that within ten days after service, he may contact the department office which served the notice to review his financial status.
A statement that the absent parent is required to notify the department of any change of address or employment.
A statement that if the absent parent has any questions, he should contact the department office serving the notice or respond through an attorney.

C. The department and the absent parent may enter into an agreement in which they stipulate as to the amount of support and method of payment that the absent parent shall pay monthly to the clerk of the court. The department, through the county attorney, shall petition the superior court for an order approving the stipulation and such order shall be enforced by the county attorney.

D. Failure to respond to the notice will result in referral to the county attorney for further action.

E. Failure to reach agreement on the amount of support which is to be paid will result in the matter being referred to the county attorney for further action.

F. A court order entered pursuant to this chapter does not nullify and is not nullified by a court order made pursuant to any other law except that a court having jurisdiction to do so may modify a prior court order by expressly stating so within its order. Amounts paid pursuant to a court order entered pursuant to this chapter for a particular period shall be credited against amounts accruing or accrued for the same period under any other court order.

§ 46-406 Funding for administration of public assistance services of child support enforcement program; expenditure limitation

A. Subject to legislative appropriation, the department of economic security shall administer the child support enforcement program from the state's share of the child support collections received on public assistance cases.

B. Monies appropriated to the department of economic security for child support purposes shall be used to administer services of the child support enforcement program pursuant to the requirements of title IV-D of the social security act (42 United States Code section 651).

C. The total amount of state monies that may be spent in any fiscal year by the department of economic security for temporary assistance for needy families from child support enforcement monies shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

§ 46-407 Assignment of rights to support; definition

A. The right to support of a child and spouse who receive temporary assistance for needy families pursuant to Public Law 104-193 and chapter 2, article 5 of this title and the right to medical support of a child who receives medical assistance under title XIX of the social security act is assigned to this state by operation of law. The support rights are assigned to the state regardless of whether the applicant for assistance has any right to receive the support. The department shall take all steps necessary to enforce the assigned rights to support.

B. The support rights assigned to the state apply to all children of the household for whom temporary assistance for needy families is granted. If a child is denied temporary assistance for needy families due to the receipt of social security income for the child or the child is subject to section 46-292, subsection H, the department shall divide the court ordered child support amount by the number of children in the court order. The prorated amount is exempt from assignment for the child who is receiving social security income or subject to section 46-292, subsection H.

C. The right to support of a child on whose behalf foster care maintenance payments are made is assigned pursuant to section 8-243.02. If the child support order covers more than one child, the department shall determine the amount to be distributed to the state by dividing the court ordered support amount by the number of the children in the court order.

D. For the purposes of this section, "support" has the same meaning prescribed in section 25-500.

§ 46-408 Assignment of support rights; priority; definitions

A. The assignment under section 46-407 is subject to all of the following:

Terminates with respect to current support when the person entitled to receive support is no longer receiving temporary assistance for needy families.
While receiving temporary assistance for needy families the assignment applies to any rights to support from any other person. Before October 1, 2009, the assignment applies to any support that accrued before receiving temporary assistance for needy families. On or after October 1, 2009, the assignment does not apply to any support that accrued before receiving temporary assistance for needy families.
Does not preclude enforcement of support in the name of the person entitled to receive support.
Does not bind any person who lawfully pays support to the person entitled to receive support.
Does not assign amounts that exceed the amount of temporary assistance for needy families paid to the person entitled to receive support to which the state is entitled to be reimbursed.
When the person entitled to receive support is not receiving temporary assistance for needy families, amounts paid for support shall be credited first to that month's current court ordered support up to an amount equal to the amount of the court order in effect at the time of payment and the excess, if any, shall be subject to the assignment.
The assignment applies to arrearages provided in the court order subject to the following priorities:

(a) If the person entitled to receive support is currently receiving temporary assistance for needy families, the state's claim for arrearages shall have priority over all other support claims except for current support.

(b) If the person entitled to receive support is not currently receiving temporary assistance for needy families, the state and the person entitled to receive support shall have a proportionate claim for any arrearages owed to the state and the custodial parent under a child support order. The arrearage payment shall be distributed on the total outstanding arrearage amount and the percentage of the total outstanding arrearage owed to the state and the person entitled to receive support.

B. Notwithstanding subsection A, paragraph 7 of this section, for distributions that occur or should have occurred beginning October 1, 1997, the department shall distribute support payments as prescribed in title IV-D of the social security act and its implementing regulations as follows:

Distribute to the family amounts not subject to the assignment.
Pay the federal government the federal share of the amount collected.
Retain the state share of the amount collected.
Retain payments collected through the federal income tax refund intercept program to the extent past due support has been assigned to the state. Any amount collected in excess of the past due support assigned to the state shall be distributed to the past due support owed to the family.

C. An obligee who disagrees with the distribution or disbursement of support payments pursuant to subsection B of this section may request an administrative review pursuant to section 25-522 within thirty business days after the date of the department's notice to the obligee of the distribution and disbursement of support received for the prior period.

D. In title IV-D cases, the department shall send written notice to the obligee regarding distribution and disbursement of support for the most recent quarter of the year. The obligee has thirty business days after the date of that notice to submit a written request for an administrative review. The department or its agent shall send a written notice of acknowledgment of receipt of request for administrative review to the obligee within ten business days after it receives a timely request for review. If the department or its agent needs additional information from the obligee to respond to the request for review, the department shall indicate this fact in writing. The department or its agent may also request information from other sources. The department or its agent shall issue a written determination not later than thirty business days after the date of the notice of acknowledgment of receipt of request for administrative review or, if additional information is required, not later than thirty business days after it receives this information. If additional information requested by the department or its agent is not received within thirty business days after the request for more information, the department or its agent shall issue a written determination within ten business days after the due date based on the information available. The department or its agent shall send a copy of the written determination to the obligee by first class mail.

E. The obligee shall make any appeal of the department's or its agent's determination in writing pursuant to title 41, chapter 14, article 3 and shall file it in the department's office of appeals within thirty business days after the date of the written determination. An obligee may appeal the department's final determination pursuant to section 41-1993.

F. A payment that is credited against past due support shall be applied first to principal and then to interest.

G. The department may adopt rules addressing interest and distribution of all monies received by the department in child support cases.

H. For the purposes of this section:

"Arrearage" has the same meaning prescribed in section 25-500.
"Business day" means a day on which state offices are open for regular business.
"Support" has the same meaning prescribed in section 25-500.

Article 2 Support Payment Clearinghouse and Child Support Case Registry

§ 46-441 Support payment clearinghouse; records transfer; payment; definition

A. The department shall establish a central support payment clearinghouse to receive, disburse and monitor support payments pursuant to title IV-D of the social security act.

B. Unless the court orders that support or maintenance be paid directly to the party entitled to receive it, all orders for support shall direct payment of support or maintenance through the support payment clearinghouse. All orders that specify payments through the clerk of the superior court shall be deemed to require payment to the support payment clearinghouse after a notice to the obligor is issued.

C. The clerk of the superior court shall provide copies of all payment histories and relevant legal documents pertaining to the issue of support.

D. On request the support payment clearinghouse shall promptly furnish to the person entitled to receive support or maintenance information on the current status of payments received and processed through the support payment clearinghouse.

E. Support payments and handling fees in an amount prescribed in section 25-510 for the monthly support handling fee shall be paid to the support payment clearinghouse. The director shall deposit, pursuant to sections 35-146 and 35-147, the handling fees received by the department in a child support enforcement administration fund.

F. If after reasonable efforts to locate the obligee the support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not make further payment and shall return the payments to the obligor as prescribed in section 25-503.

G. The support payment clearinghouse shall have an accounting system for monitoring child support payments. The records of the support payment clearinghouse are prima facie evidence of payment or nonpayment of support.

H. Payment of any money directly to an obligee or to a person other than the support payment clearinghouse shall not be credited against the support obligation unless the direct payments were ordered by the court, or made pursuant to a written support agreement by the parties.

I. The support payment clearinghouse shall issue copies of payment histories for payments received and processed through the support payment clearinghouse on request and may charge a fee for these services.

J. For the purposes of this section "support" has the same meaning prescribed in section 25-500.

§ 46-442 Child support case registry; data sharing; unauthorized disclosure; civil penalty

A. The department shall establish a registry of child support orders to receive information on each title IV-D case and on each case with a support order established, modified or registered in the state beginning on October 1, 1998. The clerk of the superior court shall assist the department in establishing the child support case registry.

B. In administering the child support case registry, the department shall receive and share information from other sources including other state data bases and information comparison services. The information in the child support case registry shall be used to compare with other state or federal data bases or information comparison services as needed.

C. Except as provided by federal law, the information collected pursuant to this section shall not be disclosed pursuant to title 39, chapter 1. An employee or agent of this state who discloses any information collected pursuant to this section without authorization is subject to a civil penalty of one thousand dollars for each offense. The department may impose and collect the penalty and shall deposit, pursuant to sections 35-146 and 35-147, monies collected under this subsection in the state general fund.

D. The director may adopt rules to implement this section.

§ 46-443 Child support case registry; location information; presumptions concerning notice

A. Beginning on October 1, 1998, on establishment of paternity or issuance of a support order in a title IV-D case, each party to any child support action shall file with the child support case registry and update, as appropriate, the following information:

Full name.
Social security number.
Date of birth.
Residential and mailing addresses.
Telephone number.
Driver license number.
Name, address and telephone number of the current employer.

B. Any change in the information filed pursuant to subsection A shall be reported to the child support case registry within ten days.

C. On establishment of a support obligation and issuance of a court order in a title IV-D case, the department in a subsequent child support enforcement action shall notify a party to the action by written notice delivered to the party by first class mail to the most recent residential or employer address filed by the party with the child support case registry. On a sufficient showing that diligent effort has been made to ascertain the location of the party, the court or administrative agency of competent jurisdiction shall deem due process requirements for notice and service of process to be met.

§ 46-444 Transfer of support rights; disbursement of support payments

A. In a title IV-D case in which an order of child support has been established and the obligee under the order surrenders physical custody of the child to a caretaker for thirty consecutive days, whether or not there is a custody order, the obligee's right to child support for that child transfers to the caretaker by operation of law and is subject to assignment by the caretaker pursuant to section 46-407. The transfer of the right to child support terminates when the caretaker no longer has physical custody of the child, except for the amount of unpaid child support still owing to the caretaker or to the department.

B. The department may disburse child support payments to a caretaker who has had physical custody of the child for thirty consecutive days or physical custody with the obligee's consent for thirty consecutive days. The department may not disburse monies that have already been disbursed to the obligee in the underlying order. If the department makes disbursements pursuant to this subsection, the department shall begin disbursements on the first day of the month after the expiration of the thirty-consecutive-day period that started on the date the caretaker took custody of the child.

C. The department may retain child support payments assigned by the caretaker on verification that the caretaker is receiving cash assistance for a child subject to a support order and the child support payment is subject to an assignment pursuant to section 46-407.

D. In a title IV-D case in which there has never been an assignment of child support, on determination that physical custody has changed, the department may disburse all child support collected after physical custody has changed to the caretaker.

E. Before the department disburses child support payments to any person other than the obligee, the department shall:

Obtain a written statement from the child's caretaker, under penalty of perjury, stating that the caretaker has had physical custody of the child for thirty consecutive days or custody with the obligee's consent for a period of thirty consecutive days. A written statement is not required if there is a court order that places the child with the caretaker.
Mail a copy of the caretaker's statement or court order along with a notice of the change in disbursement to the obligor and obligee at the obligor's and obligee's last known addresses.
File a copy of the notice of change in disbursement with the clerk of the court that entered the original support order.

F. The obligee, the obligor or any other caretaker may object to the disbursement to the caretaker by requesting an administrative review pursuant to section 25-522 within ten days after the date of the notice. The administrative review is limited to deciding if the caretaker has lawful physical custody of the child or physical custody with the obligee's consent.

G. If the obligee claims that the child remains in the obligee's custody, on a determination that the physical custody is with a caretaker, the department may distribute child support collected to the caretaker.

H. If the existing order for support is a non-title IV-D case, the department may enter its appearance in the case solely to transfer rights to support to a caretaker if both of the following are true:

Either the caretaker has applied for title IV-D services or the department has an assignment of rights pursuant to section 46-407.
Transfer of the support rights appears appropriate under this section.

§ 46-445 Electronic transfer of support payments; warrants; definition

A. The department shall establish a mandatory process to transfer support payments electronically. Under this process, the department or its agent shall disburse support payments electronically to an account designated by the obligee or an alternate account that can be accessed by the obligee through an electronic access card.

B. On establishment of the process prescribed in subsection A, electronic transfer of support payments is mandatory unless a hardship exemption is granted. The department or its agent shall provide a notice to each obligee that includes the following:

That the obligee has ten days after the date of the notice to complete an authorization for automatic deposit form and return it to the department and that the department or its agent will issue an electronic access card for receipt of support payments unless the obligee claims a hardship exemption pursuant to subsection C, paragraph 3.
That a request for a hardship exemption must be in writing and include documentation that supports the request.
Information on the use and restrictions associated with the use of an electronic access card.

C. The department may authorize the generation of a payment by warrant if any of the following conditions applies:

Generation of a warrant is necessary to meet federal requirements and electronic transfer is not feasible.
The obligee is involved in legal proceedings that require payments to be sent to a trustee or representative payee.
The obligee has not requested automatic deposit to a designated account of the obligee and has asserted in writing that the use of an electronic access card will create an undue hardship because of a documented physical or mental disability.

D. The director may adopt rules to implement this section.

E. For the purposes of this section, "electronic access card" means a stored value card that is issued by the department or its agents and in which support payments are deposited electronically in the same manner as automatic or direct deposit.

Chapter 4 Adult Protective Services

Article 1 General Provisions

§ 46-451 Definitions; program goals

A. In this chapter, unless the context otherwise requires:

"Abuse" means:

(a) Intentional infliction of physical harm.

(b) Injury caused by negligent acts or omissions.

(d) Sexual abuse or sexual assault.

(e) Emotional abuse.

"Adult protective services central intake unit" means a unit of specialized staff within adult protective services that is responsible for receiving reports of alleged abuse, neglect or exploitation of vulnerable adults or making the necessary resource referrals.
"De facto conservator" means any person who takes possession of the estate of a vulnerable adult, without right or lawful authority. A de facto conservator is subject to all of the responsibilities that attach to a legally appointed conservator or trustee.
"De facto guardian" means any person who takes possession of the person of a vulnerable adult, without right or lawful authority. A de facto guardian is subject to all of the responsibilities that attach to a legally appointed guardian.
"Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
"Exploitation" means the illegal or improper use of a vulnerable adult or the vulnerable adult's resources for another's profit or advantage.
"Health professional" has the same meaning prescribed in section 32-3201.
"Informed consent" means any of the following:

(a) A written expression by the person that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind and if the consent is witnessed by at least two individuals who do not benefit by the withdrawal of services.

(b) Consent to withdraw food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health as permitted by an order of a court of competent jurisdiction.

(d) Consent by another person under a durable power of attorney relating to health care services to withdraw food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health.

"Neglect" means the deprivation of food, water, medication, medical services, shelter, supervision, cooling, heating or other services necessary to maintain a vulnerable adult's minimum physical or mental health.
"Protective services" means a program of identifiable and specialized social services that may offer social services appropriate to resolve problems of abuse, exploitation or neglect of a vulnerable adult.
"Protective services worker" means a person who has been selected by and trained under the requirements prescribed by the department to provide protective services.
"Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in section 14-5101.

B. Protective services programs shall seek to maintain the adult in the adult's familiar environment by strengthening the adult's capacity for self-maintenance or by providing supportive services.

C. This section does not mean that an adult is abused, neglected or in need of protective services for the sole reason that the adult relies on treatment from a recognized religious method of healing in lieu of medical treatment.

D. For the purposes of this section, a person is not exploited by a transfer of assets if the transfer is to obtain or maintain eligibility for benefits under title 36, chapter 29 or benefits for supplemental security income, medicare or veterans' administration programs and the transfer of assets is between the person and any of the following:

The person's spouse.
The person's child with a disability.
A trust for the benefit of the person's spouse or child with a disability.

E. A transfer of assets for the purpose of obtaining or maintaining eligibility for benefits under title 36, chapter 29 shall comply with 42 United States Code section 1396p and sections 36-2934 and 36-2934.01.

§ 46-452 Protective services workers; powers and duties; immunity; communications; access to records

A. Each protective services worker shall:

Receive reports of abused, exploited or neglected vulnerable adults.
Receive from any source oral or written information regarding an adult who may be in need of protective services.
On receipt of such information make an evaluation to determine if the adult is in need of protective services and what services, if any, are needed.
Offer an adult in need of protective services or the adult's guardian whatever services appear appropriate in view of the evaluation.
File petitions as necessary for the appointment of a guardian or conservator or the appointment of a temporary guardian or temporary conservator or make application for a special visitation warrant as provided for in title 14, chapter 5.
File for an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809 as a third party on behalf of the vulnerable adult to prevent an alleged perpetrator from having access to the vulnerable adult.

B. The department or a protective services worker employed by the department may not be appointed as guardian, conservator or temporary guardian.

C. An adult protective services worker is immune from civil liability for applying for a special visitation warrant or for filing a petition for guardianship or conservatorship unless the application or filing is done in bad faith.

D. For the purposes of this chapter, communications concerning a person who is incarcerated in any jail, prison, detention center or correctional facility or concerning a patient in the Arizona state hospital are not reports that require evaluation by a protective services worker.

E. The department or a protective services worker, in performing official duties, may access law enforcement records related to an adult protective services case. A law enforcement entity shall furnish relevant records to adult protective services on request.

§ 46-452.01 Office of state long-term care ombudsman

The office of state long-term care ombudsman is established pursuant to the older Americans act of 1965, as amended (P.L. 100-175; United States Code section 307(a)(12)). The state long-term care ombudsman is under the direct supervision of the department of economic security, aging and adult administration program administrator or his designee. The department shall adopt rules for the purpose of implementing the state long-term care ombudsman program.

§ 46-452.02 State long-term care ombudsman; duties; immunity from liability

A. A representative of the office of the state long-term care ombudsman who performs the official duties of the long-term care ombudsman is not liable under state law for the good faith performance of official duties.

B. Official duties of the office of the state long-term care ombudsman include authority to:

Enter long-term care facilities to communicate with residents.
Hear, investigate and attempt to resolve complaints by agreement, mediation or conciliation.
Render advice to residents of facilities.
Refer cases involving abuse, neglect, exploitation or health and safety to adult protective services or the appropriate licensing agency.
Make appropriate referrals to legal services or other community services.
Assume such other responsibilities as required pursuant to the older Americans act of 1965, as amended (P.L. 100-175; 42 United States Code section 3027(a)(12)).

C. Subject to available monies, the office of the state long-term care ombudsman shall visit each long-term care facility in this state without prior notice at least two times each calendar year to speak with residents of the long-term care facility, or the resident's representative if the resident is nonverbal, without the presence of the facility's staff. The requirements of this subsection are in addition to any follow-up in response to a complaint.

D. Official duties of the office of the state long-term care ombudsman do not include activities performed by a licensed health care provider as defined in section 12-561.

§ 46-453 Immunity of participants; nonprivileged communication

A. Any person making a complaint, furnishing a report, information or records required or authorized by this chapter or otherwise participating in the program authorized by this chapter or in a judicial or administrative proceeding or investigation resulting from reports, information or records submitted or obtained pursuant to this chapter is immune from any civil or criminal liability by reason of such action, unless the person acted with malice or unless such person has been charged with or is suspected of abusing, exploiting or neglecting the vulnerable adult in question. Except as provided in subsection B of this section the physician-patient privilege, husband-wife privilege or any privilege except the attorney-client privilege, provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences, both as they relate to the competency of the witness and to the exclusion of confidential communications, shall not pertain in any civil or criminal litigation in which a vulnerable adult's exploitation, abuse or neglect is an issue nor in any judicial or administrative proceeding resulting from a report, information or records submitted or obtained pursuant to section 46-454 nor in any investigation of a vulnerable adult's exploitation, abuse or neglect conducted by a peace officer or a protective services worker.

B. In any civil or criminal litigation in which incapacitation, abuse, exploitation or neglect of a vulnerable adult is an issue, a clergyman or priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a clergyman or a priest in the course of the discipline enjoined by the church to which he belongs.

§ 46-454 Duty to report abuse, neglect and exploitation of vulnerable adults; duty to make medical records available; violation; classification

A. A health professional, emergency medical technician, home health provider, hospital intern or resident, speech, physical or occupational therapist, long-term care provider, social worker, peace officer, medical examiner, guardian, conservator, fire protection personnel, developmental disabilities provider, employee of the department of economic security or other person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit. The guardian or conservator of a vulnerable adult shall immediately report or cause reports to be made of such reasonable basis to the superior court and the adult protective services central intake unit. The reports required by this subsection shall be made immediately by telephone or online.

B. If an individual listed in subsection A of this section is an employee or agent of a health care institution as defined in section 36-401 and the health care institution's procedures require that all suspected abuse, neglect and exploitation be reported to adult protective services as required by law, the individual is deemed to have complied with the requirements of subsection A of this section by reporting or causing a report to be made to the health care institution in accordance with the health care institution's procedures.

C. An attorney, accountant, trustee, guardian, conservator or other person who has responsibility for preparing the tax records of a vulnerable adult or a person who has responsibility for any other action concerning the use or preservation of the vulnerable adult's property and who, in the course of fulfilling that responsibility, discovers a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit. The reports required by this subsection shall be made immediately by telephone or online.

D. Reports pursuant to subsections A and C of this section shall contain:

The names and addresses of the vulnerable adult and any persons having control or custody of the vulnerable adult, if known.
The vulnerable adult's age and the nature and extent of the vulnerable adult's vulnerability.
The nature and extent of the abuse, neglect or exploitation.
Any other information that the person reporting believes might be helpful in establishing the cause of the abuse, neglect or exploitation.

E. Any person other than one required to report or cause reports to be made pursuant to subsection A or C of this section who has a reasonable basis to believe that abuse, neglect or exploitation of a vulnerable adult has occurred may report the information to a peace officer or to the adult protective services central intake unit.

F. A person having custody or control of medical or financial records of a vulnerable adult for whom a report is required or authorized under this section shall make those records, or a copy of those records, available to a peace officer or adult protective services worker investigating the vulnerable adult's abuse, neglect or exploitation on written request for the records signed by the peace officer or adult protective services worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section.

G. If reports pursuant to this section are received by a peace officer, the peace officer shall notify the adult protective services central intake unit as soon as possible and make that information available to them, including all related police records. A peace officer shall provide the information to adult protective services as soon as possible.

H. A person required to receive reports pursuant to subsection A, C or E of this section may take or cause to be taken photographs of the abused vulnerable adult and the vicinity involved. Medical examinations, including radiological examinations of the involved vulnerable adult, may be performed. Accounts, inventories or audits of the exploited vulnerable adult's property may be performed. The person, department, agency or court that initiates the photographs, examinations, accounts, inventories or audits shall pay the associated costs in accordance with existing statutes and rules. If any person is found to be responsible for the abuse, neglect or exploitation of a vulnerable adult in a criminal or civil action, the court may order the person to make restitution as the court deems appropriate.

I. If psychiatric records are requested pursuant to subsection F of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available:

Personal information about individuals other than the patient.
Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment.

J. If any portion of a psychiatric record is excised pursuant to subsection I of this section, a court, on application of a peace officer or adult protective services worker, may order that the entire record or any portion of the record containing information relevant to the reported abuse, neglect or exploitation be made available to the peace officer or adult protective services worker investigating the abuse, neglect or exploitation.

K. A licensing agency shall not find that a reported incidence of abuse at a care facility by itself is sufficient grounds to allow the agency to close the facility or to find that all residents are in imminent danger.

L. Retaliation against a person who in good faith reports abuse, neglect or exploitation is prohibited. Retaliation against a vulnerable adult who is the subject of a report is prohibited. Any adverse action taken against a person who reports abuse, neglect or exploitation or a vulnerable adult who is the subject of the report within ninety days after the report is filed is presumed to be retaliation.

M. A person who violates this section is guilty of a class 1 misdemeanor, except that if the failure to report involves an offense listed in title 13, chapter 14, the person is guilty of a class 6 felony.

§ 46-455 Allowing life or health of a vulnerable adult to be endangered by neglect; violation; classification; civil remedy; definition

A. A person who has been employed to provide care, who is a de facto guardian or de facto conservator or who has been appointed by a court to provide care to a vulnerable adult and who causes or allows the life of the adult to be endangered or that person's health to be injured or endangered by neglect is guilty of a class 5 felony.

B. A vulnerable adult whose life or health is being or has been endangered or injured by neglect, abuse or exploitation may file an action in superior court against any person or enterprise that has been employed to provide care, that has assumed a legal duty to provide care or that has been appointed by a court to provide care to such vulnerable adult for having caused or allowed such conduct. A physician licensed pursuant to title 32, chapter 13, 14 or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25, while providing services within the scope of that person's licensure, is not subject to civil liability for damages under this section unless either:

At the time of the events giving rise to a cause of action under this section, the person was employed or retained by the facility or designated by the facility, with the consent of the person, to serve the function of medical director as that term is defined or used by federal or state law governing a nursing care institution, an assisted living center, an assisted living facility, an assisted living home, an adult day health care facility, a residential care institution, an adult care home, a skilled nursing facility or a nursing facility.
At the time of the events giving rise to a cause of action under this section, all of the following applied:

(a) The person was a physician licensed pursuant to title 32, chapter 13, 14 or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25.

(b) The person was the primary provider responsible for the medical services to the patient while the patient was at one of the facilities listed in paragraph 1 of this subsection.

C. Any person who was the primary provider of medical services to the patient in the last two years before it was recommended that the patient be admitted to one of the facilities listed in subsection B, paragraph 1 of this section is exempt from civil liability for damages under this section.

D. For the purposes of this section, primary provider does not include a consultant or specialist as listed in subsection B, paragraph 2, subdivision (a) of this section who is requested by the primary provider to provide care to the patient for whom the primary provider is responsible, unless that consultant or specialist assumes the primary care of the patient.

E. The state may file an action pursuant to this section on behalf of those persons who are endangered or injured to prevent, restrain or remedy the conduct described in this section.

F. The superior court has jurisdiction to prevent, restrain and remedy the conduct described in this section, after making provision for the rights of all innocent persons affected by such conduct and after a hearing or trial, as appropriate, by issuing appropriate orders.

G. Before a determination of liability, the orders may include entering restraining orders or temporary injunctions or taking such other actions, including the acceptance of satisfactory performance bonds, the creation of receiverships and the appointment of qualified receivers and the enforcement of constructive trusts, as the court deems proper.

H. After a determination of liability, such orders may include:

Ordering any person to divest himself of any direct or indirect interest in any enterprise.
Imposing reasonable restrictions, including permanent injunctions, on the future activities or investments of any person including prohibiting any person from engaging in the same type of endeavor or conduct to the extent allowed by the constitutions of the United States and this state.
Ordering dissolution or reorganization of any enterprise.
Ordering the payment of actual and consequential damages, as well as costs of suit, to those persons injured by the conduct described in this section. The court or jury may order the payment of punitive damages under common law principles that are generally applicable to the award of punitive damages in other civil actions.
Ordering the payment of all costs and expenses of the prosecution and investigation of the conduct described in this section, civil and criminal, incurred by the state or county as appropriate to be paid to the state general fund or the general fund of the county that incurred such costs and expenses.

I. A defendant who is convicted in any criminal proceeding is precluded from subsequently denying the essential allegations of the criminal offense of which the defendant was convicted in any civil proceeding. For the purposes of this subsection, a conviction may result from a verdict or plea, including a plea of no contest.

J. A person who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the superior court. The notice shall identify the action, the person and the person's attorney. Service of the notice does not limit or otherwise affect the right of this state to maintain an action under this section or intervene in a pending action and does not authorize the person to name this state or the attorney general as a party to the action. On receipt of a complaint, the attorney general shall notify the appropriate licensing agency.

K. The initiation of civil proceedings pursuant to this section shall be commenced within two years after actual discovery of the cause of action.

L. Except for the standard of proof provided in subsection H, paragraph 4 of this section, the standard of proof in civil actions brought pursuant to this section is the preponderance of the evidence.

M. Except in cases filed by a county attorney, the attorney general, on timely application, may intervene in any civil action or proceeding brought under this section if the attorney general certifies that in his opinion the action is of special public importance. On intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general had instituted a separate action.

N. In addition to the state's right to intervene as a party in any action under this section, the attorney general may appear as a friend of the court in any proceeding in which a claim under this section has been asserted or in which a court is interpreting section 46-453 or this section.

O. A civil action authorized by this section is remedial and not punitive and does not limit and is not limited by any other civil remedy or criminal action or any other provision of law. Civil remedies provided under this title are supplemental and not mutually exclusive.

P. The cause of action or the right to bring a cause of action pursuant to subsection B or E of this section shall not be limited or affected by the death of the vulnerable adult.

Q. For the purposes of this section, "enterprise" means any corporation, partnership, association, labor union or other legal entity, or any group of persons associated in fact although not a legal entity, that is involved with providing care to a vulnerable adult.

§ 46-456 Duty to a vulnerable adult; financial exploitation; civil penalties; exceptions; definitions

A. A person who is in a position of trust and confidence to a vulnerable adult shall use the vulnerable adult's assets solely for the benefit of the vulnerable adult and not for the benefit of the person who is in the position of trust and confidence to the vulnerable adult or the person's relatives unless any of the following applies:

The superior court gives prior approval of the transaction on a finding that the transaction is for the benefit of the vulnerable adult.
The transaction is specifically authorized in a valid durable power of attorney that is executed by the vulnerable adult as the principal or in a valid trust instrument that is executed by the vulnerable adult as a settlor.
The transaction is required in order to obtain or maintain eligibility for services under title 36, chapter 29.
The person in the position of trust and confidence to the vulnerable adult is the vulnerable adult's spouse and the transaction furthers the interest of the marital community, including applying for benefits pursuant to title 36, chapter 29 or benefits for supplemental security income, medicare or veterans' administration programs.

B. A person who violates subsection A of this section or section 13-1802, subsection B shall be subject to actual damages and reasonable costs and attorney fees in a civil action brought by or on behalf of a vulnerable adult and the court may award additional damages in an amount up to two times the amount of the actual damages.

C. In addition to the damages prescribed in subsection B of this section, the court may:

Order a person who violates subsection A of this section or section 13-1802, subsection B to forfeit all or a portion of the person's:

(a) Interest in any governing instrument.

(b) Benefits under title 14, chapter 2 with respect to the estate of the vulnerable adult, including an intestate share, an elective share, an omitted spouse's share, an omitted child's share, a homestead allowance, any exempt property and a family allowance. If the vulnerable adult died intestate, the vulnerable adult's intestate estate passes as if the person who violated subsection A of this section or section 13-1802, subsection B disclaimed that person's intestate share to the extent the court orders that person to forfeit all or a portion of the person's benefits under title 14, chapter 2.

Revoke, in whole or in part, any revocable:

(a) Disposition or appointment of property that is made in a governing instrument by the vulnerable adult to the person who violates subsection A of this section or section 13-1802, subsection B.

(b) Provision by the vulnerable adult that is contained in a governing instrument that confers a general or nongeneral power of appointment on the person who violates subsection A of this section or section 13-1802, subsection B.

(c) Nomination or appointment by the vulnerable adult that is contained in a governing instrument that nominates or appoints the person who violates subsection A of this section or section 13-1802, subsection B to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee or agent.

Sever the interests of the vulnerable adult and the person who violates subsection A of this section or section 13-1802, subsection B in any property that is held by them at the time of the violation as joint tenants with the right of survivorship or as community property with the right of survivorship, and transform the interests of the vulnerable adult and the person who violated subsection A of this section or section 13-1802, subsection B into tenancies in common. To the extent that the person who violated subsection A of this section or section 13-1802, subsection B did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part.

D. A revocation or a severance under subsection C, paragraph 2 or 3 of this section does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the person who violated subsection A of this section or section 13-1802, subsection B unless a writing declaring the severance has been noted, registered, filed or recorded in records that are appropriate to the kind and location of the property and that are relied on as evidence of ownership in the ordinary course of transactions involving that property.

E. If the court imposes a revocation under subsection C, paragraph 2 of this section, provisions of the governing instrument shall be given effect as if the person who violated subsection A of this section or section 13-1802, subsection B disclaimed all provisions revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representative capacity, the person who violated subsection A of this section or section 13-1802, subsection B predeceased the decedent.

F. Section 46-455, subsections F, G, H, I, K, L, M and P also apply to civil violations of this section.

G. The vulnerable adult or the duly appointed conservator or personal representative of the vulnerable adult's estate has priority to, and may file, a civil action under this section. If an action is not filed by the vulnerable adult or the duly appointed conservator or personal representative of the vulnerable adult's estate, any other interested person, as defined in section 14-1201, may petition the court for leave to file an action on behalf of the vulnerable adult or the vulnerable adult's estate. Notice of the hearing on the petition shall comply with section 14-1401.

H. Subsections A, B, C, D, E and F of this section do not apply to an agent who is acting within the scope of the person's duties as, or on behalf of, any of the following:

A bank, financial institution or escrow agent licensed or certified pursuant to title 6.
A securities dealer or salesman registered pursuant to title 44, chapter 12, article 9.
An insurer, including a title insurer, authorized and regulated pursuant to title 20.
A health care institution licensed pursuant to title 36, chapter 4 that provides services to the vulnerable adult.

I. A civil action brought by a person in a position of trust and confidence against a vulnerable adult regarding a governing instrument established by the vulnerable adult is presumed not to be for the benefit of the vulnerable adult unless it is shown otherwise by clear and convincing evidence.

J. For the purposes of this section:

"Asset" includes all forms of personal and real property.
"Disposition or appointment of property" includes a transfer of an item of property or any other benefit of a beneficiary designated in a governing instrument.
"For the benefit of the vulnerable adult" includes any act that is consistent with the clearly stated wishes of the vulnerable adult found by the court to be made without coercion and while the vulnerable adult was of sound mind.
"Governing instrument" means a deed, a will, a trust, a custodianship, an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form, a pension, a profit sharing, retirement or similar benefit plan, a family limited partnership, an instrument creating or exercising a power of appointment, a power of attorney, an estate planning document or a dispositive, appointive or nominative instrument of any similar type.
"Position of trust and confidence" means that a person is any of the following:

(a) A person who has assumed a duty to provide care to the vulnerable adult.

(b) A joint tenant or a tenant in common with a vulnerable adult.

(c) A person who is in a fiduciary relationship with a vulnerable adult including a de facto guardian or de facto conservator.

(d) A person who is in a confidential relationship with the vulnerable adult. The issue of whether a confidential relationship exists shall be an issue of fact to be decided by the court based on the totality of the circumstances.

(e) A beneficiary of the vulnerable adult in a governing instrument.

"Revocable" means a disposition, appointment, provision or nomination under which the vulnerable adult, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the person who violated subsection A of this section or section 13-1802, subsection B, whether or not the vulnerable adult was then empowered to designate the vulnerable adult in place of the person who violated subsection A of this section or section 13-1802, subsection B or the vulnerable adult then had capacity to exercise the power.

§ 46-457 Elder abuse central registry; mandatory reporting; release of information

A. A person who files an action under this article shall serve notice and one copy of the pleading with the attorney general within thirty days after the action is filed in the superior court. The notice shall identify the action, the person against whom the civil complaint has been filed and that person's attorney. The person who files an action is responsible for submitting a report on the final disposition of the case within thirty days after the final action is taken.

B. Except as otherwise provided in this subsection, a state agency other than adult protective services that renders an administrative decision that substantiates the allegation of abuse or that files a civil action that alleges abuse, neglect or financial exploitation pursuant to this article or title 36 shall serve notice and one copy of the administrative decision or pleading with the attorney general within thirty days after the administrative decision is rendered or within thirty days after the action is filed in the superior court. The agency is responsible for submitting a report on the final disposition of the case within thirty days after the final action is taken. Adult protective services shall report its findings to the registry established pursuant to section 46-459. The department of economic security shall not provide the notice prescribed in this subsection for information maintained in the adult protective services registry pursuant to section 46-459.

C. If the victim of the offense is a vulnerable adult, a person who files a criminal complaint or indictment involving a violation of this article or section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1203, 13-1204, 13-1303, 13-1304, 13-1403, 13-1404, 13-1406, 13-1802, 13-1807, 13-2002, 13-2310 or 13-3623 shall submit a copy of the criminal complaint or indictment to the attorney general within thirty days after arraignment. Within thirty days of the date of issuance of the minute entry the court shall endorse to the attorney general a copy of the sentencing minute entry or the minute entry reflecting the case has been dismissed or a judgment of acquittal has been entered. The attorney general shall develop guidelines to implement this subsection.

D. The attorney general shall maintain a registry containing the names of persons pursuant to subsection A, B or C of this section with the date the action was filed with the superior court or the date the administrative decision was rendered, the dates of the conduct set forth in the complaint, the indictment or decision, the general nature of the complaint, indictment or decision and the disposition of the complaint, indictment or decision, if known.

E. The information maintained pursuant to subsection D of this section is available to the public on written request to the custodian of the registry.

F. A person may submit a written statement on that person's own behalf to the custodian of the registry. The statement is part of the records for distribution in response to all inquiries concerning that person.

G. A person or agency that distributes information in the registry in good faith is not subject to civil or criminal liability.

§ 46-458 Hearing process; definitions

A. After completing its investigation, the department shall notify a person who is alleged to have abused, neglected or exploited a vulnerable adult that the department intends to enter a substantiated finding of abuse, neglect or exploitation in the registry and of that person's right:

To receive a copy of the report containing the allegation and findings.
To a hearing before entry into the registry pursuant to section 46-459.

B. The department shall send the notice prescribed in subsection A of this section by first class mail not more than fifteen calendar days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within fifteen calendar days of the notice date.

D. If a request for a hearing is made pursuant to subsection C of this section, the department shall notify the reporting source, the vulnerable adult and the vulnerable adult's representative of record and conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation and an opportunity for the reporting source, the vulnerable adult and the vulnerable adult’s representative of record to respond to the information provided by the accused person. If the department determines that the accused person did not engage in the alleged conduct by a preponderance of the evidence, the department shall amend the information or finding in the report and shall notify the person, and a hearing shall not be held.

E. Notwithstanding section 41-1061, subsection B, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection D of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless either:

The person is a party in a civil, criminal or administrative proceeding in which the allegations of abuse, neglect or exploitation are at issue.
A court or administrative law judge has made findings as to the alleged abuse, neglect or exploitation.

F. If the department does not amend the information or finding in the report as prescribed in subsection D of this section, the department shall notify the office of administrative hearings of the request for a hearing not later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days after the request is made. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

G. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

A vulnerable adult who is the victim of or a witness to abuse, neglect or exploitation is not required to testify at the hearing.
The identity of the reporting source of the abuse, neglect or exploitation shall not be disclosed without the permission of the reporting source.
The reporting source is not required to testify.
A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse, neglect or exploitation shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

H. On completion of the presentation of evidence, the administrative law judge shall determine whether the department's finding that the accused engaged in the alleged conduct is supported by a preponderance of the evidence. If the administrative law judge determines there is insufficient evidence to sustain the department's burden of proof, the administrative law judge shall order the department to amend the information or finding in the report.

I. Notwithstanding section 41-1959, the department shall notify the person who is the subject of the investigation and the person who reported the allegations of abuse, neglect or exploitation of the outcome of the investigation at one of the following times:

At the conclusion of the investigation if the report is unsubstantiated or if, by a preponderance of the evidence, there is reason to believe the allegation did occur but no perpetrator has been identified.
After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.
After a final administrative decision has been made.

J. All final decisions substantiating an allegation of abuse, neglect or exploitation shall be reported to the adult protective services registry, pursuant to section 46-459, within thirty days after the decision is rendered.

K. Any person receiving information pursuant to this section shall maintain its confidentiality as provided by section 41-1959, subsection A.

L. This section applies only to those allegations of abuse, neglect or exploitation received by the department on or after July 1, 2007.

M. The department is exempt from the rule making requirements of title 41, chapter 6 for the purposes of implementing this section.

N. For the purposes of this section:

"Amend the finding" means to change the finding from substantiated to unsubstantiated.
"Amend the information" means to change information identifying the accused of having abused, neglected or exploited a vulnerable adult.
"Final decision" means a decision for which the time to appeal has expired or from which no further appeal is available.

§ 46-459 Adult protective services registry

A. The department of economic security shall maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults made pursuant to section 46-458. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.

B. The registry shall contain the name and date of birth of the person determined to have abused, neglected or exploited a vulnerable adult, the nature of the allegation made and the date and description of the disposition of the allegation. The names of the vulnerable adult and reporting source shall not be reported to the registry.

C. The department shall maintain a report in the registry for twenty-five years after the date of entry.

D. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsection C of this section.

E. Any person who was the subject of an adult protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection D of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.

F. Information maintained pursuant to subsection B of this section shall be made available to the public on written request and online. The department may charge a fee for processing written requests.

G. The department shall conduct an adult protective services registry background check for any person who is employed or seeking employment in a position that provides direct services to children or vulnerable adults in any of the following:

A community residential setting as defined in section 36-551.
An intermediate care facility for individuals with intellectual disabilities as defined in section 36-551.
Home and community based services pursuant to title 36, chapter 29, article 2.
Day care for persons who have developmental disabilities pursuant to title 36, chapter 29, article 2.

H. The department may conduct an adult protective services registry background check for any person who is employed or seeking employment with the department or one of the department's contractors in a position that provides direct services to children or vulnerable adults.

I. The department shall use the information contained in the adult protective services registry to determine the following:

Whether the person is qualified for home and community based services certification for services provided to vulnerable adults or children.
Whether the person who is employed or seeking employment with the department of economic security is qualified for a position that provides direct services to vulnerable adults or children.
Qualifications for positions that provide direct services to vulnerable adults or children for any of the following:

(a) A person who applies for a contract with the department and that person's employees.

(b) All employees of a contractor.

(d) Prospective employees of a contractor or subcontractor at the request of the prospective employer.

J. Before being employed in a position that provides direct services to vulnerable adults or children, prospective employees shall certify under penalty of perjury on a form prescribed by the department whether an allegation of vulnerable adult abuse, neglect or exploitation has been made against the person and was substantiated.

§ 46-460 Adult protective services information; confidentiality; allowed disclosures; violation; classification

A. Unless otherwise provided by law, all personally identifying information concerning any person who is involved in an adult protective services program, including the reporting source's identity, other than a perpetrator against whom an allegation of abuse, neglect or exploitation has been substantiated pursuant to section 46-458, and all information that is gathered or created by adult protective services and that is contained in adult protective services records is confidential and may not be released except as provided in subsections B, C and D of this section.

B. Employees of the department of economic security, the department of law and the court may obtain the information described in subsection A of this section in the performance of their duties as authorized by rules adopted by the director of the department to economic security.

C. Employees of the department of economic security may release any information that is otherwise held confidential under this section, including the identity of the person who makes a report of suspected abuse, neglect or exploitation, to the following or under any of the following circumstances:

Pursuant to a superior court order.
To law enforcement to be used only for purposes of conducting investigations.
To agencies that are responsible for investigating a report of abuse, neglect or exploitation when the investigation is authorized by statute or by an agreement with the department.
In any judicial or administrative proceeding involving an adult protective services client if the director considers the information pertinent to the proceeding.
To agencies of the federal government, any state, any political subdivision of any state for official purposes or any tribal government. All information received by a governmental agency pursuant to this paragraph shall be maintained as confidential, except where pertinent to a criminal prosecution.

D. Employees of the department of economic security may release any information that is otherwise held confidential under this section, except the reporting source's identity, to the following or under any of the following circumstances:

The client when a request is made in writing specifically requesting information that directly relates to the person requesting the information.
When necessary for purposes that are directly connected with the administration of adult protective services, including:

(a) To protect against a clear and substantial risk of imminent serious injury to a client or to others.

(b) In oral and written communications with the minimal necessary release of information needed to conduct an investigation of allegations of abuse, neglect or exploitation.

(d) To a person that has the legal responsibility or authorization to care for, evaluate, treat or supervise a vulnerable adult.

(e) To the extent necessary to make claims on behalf of a client for public or private assistance, insurance or health or medical assistance pursuant to title 11, chapter 2, article 7 or title 36, chapter 29 to which the client may be entitled.

Pursuant to the consent of the client who is receiving adult protective services.
Persons identified by the client pursuant to one of the following:

(a) If the client is present or otherwise available and has the capacity to make decisions, an adult protective services worker may disclose the information if one of the following applies:

(i) The client agrees orally or in writing by signing a consent form that authorizes disclosure.

(ii) The client is given an opportunity to object and does not express an objection.

(b) If the client is not present or the opportunity to agree or object to the disclosure of information cannot practicably be provided because of the client's incapacity or an emergency circumstance, the adult protective services worker may disclose the information if the disclosure of the information is in the best interests of the client.

Any statutorily created team that is mandated to review adult protective services and the clients served in the completion of the official duties.
To disclose statistics or other summary information if personally identifiable information is not revealed by the disclosure.
To confirm, clarify, correct or supplement information concerning an allegation or actual instance of vulnerable adult abuse, neglect or exploitation that has been made public by a source or sources outside the department.
Any person who is engaged in bona fide research, if no personally identifying information is made available, unless it is essential to the research and the director or the director's designee gives prior approval. If the researcher wants to contact a subject of a record, the subject's consent must be obtained by the department before the contact.

E. The department may adopt rules to implement the purposes of the department and the duties and powers of the director under this chapter.

F. A person who violates this section is guilty of a class 2 misdemeanor.

§ 46-461 Multidisciplinary adult protection team; duties; confidentiality; definition

A. Adult protective services may establish a multidisciplinary adult protection team consisting of employees of the adult protective services program, the county attorney or the county attorney's designees and representatives of law enforcement, behavioral health, domestic violence and sexual assault or other appropriate human service agencies. Representatives from local tribal governments and adult disability and advocate groups may be added to the multidisciplinary adult protection team.

B. The multidisciplinary adult protection team may provide public and professional education and develop resources for prevention, intervention and treatment to better enable the department to carry out its adult protection functions and to meet the community's needs for adult protection services.

C. Adult protective services may make available to members of the multidisciplinary adult protection team all information or records that are necessary for the official duties without the designation of the client's name unless the client's name is required for the official purposes. The case information received by members of the multidisciplinary adult protection team shall be maintained as confidential unless a consent to release has been given pursuant to this section or pursuant to a court order in this state or another state. Any member of the multidisciplinary adult protection team may share information that is acquired in the team member's professional capacity with other members of the multidisciplinary adult protection team to assist the multidisciplinary adult protection team in its function.

D. Case consultation may be performed by a committee of the team consisting of the team members representing social services, law enforcement, the county attorney, health care and persons directly involved in an individual case as determined by the case consultation committee.

E. A person to whom information is released pursuant to this section is prohibited from using or releasing the information except in the proper performance of the person's official duties unless a consent to release has been given pursuant to this section or pursuant to a court order or a grand jury subpoena.

F. For the purposes of this section, "case consultation" means a case review process that results in recommendations about services to be provided to an identified adult and family.

Article 2 Financial Exploitation

§ 46-471 Definitions

In this article, unless the context otherwise requires:

"Broker-dealer" has the same meaning as dealer prescribed in section 44-1801.
"Eligible adult" means either of the following:

(a) A person who is sixty-five years of age or older.

(b) A person who is a vulnerable adult.

"Financial exploitation" means either of the following:

(a) The wrongful or unauthorized taking, withholding, appropriating or use of money, assets or property of an eligible adult.

(b) Any act or omission taken by a person, including through the use of a power of attorney, guardianship or conservatorship of an eligible adult, to either:

(i) Obtain control through deception, intimidation or undue influence over the eligible adult's money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property.

(ii) Convert money, assets or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property.

"Investment adviser" means a person who is licensed or exempt from licensure as an investment advisor pursuant to title 44, chapter 13.
"Investment adviser representative" means a person who is licensed or exempt from licensure as an investment advisor representative pursuant to title 44, chapter 13.
"Qualified individual" means a broker-dealer, investment adviser or person who serves in a supervisory, compliance, legal or senior investor protection capacity for a broker-dealer or investment adviser.

§ 46-472 Disclosures; immunity; third-party disclosures

A. Notwithstanding section 46-454, if a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the qualified individual may notify adult protective services and the corporation commission.

B. A qualified individual who in good faith and exercising reasonable care makes a disclosure of information pursuant to subsection A of this section is immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the customer of the disclosure.

C. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, a qualified individual may notify any third party previously designated by or reasonably associated with the eligible adult. A qualified individual may not notify any designated third party that is suspected of financial exploitation or other abuse of the eligible adult.

D. A qualified individual who in good faith and exercising reasonable care makes a disclosure pursuant to subsection C of this section is immune from any administrative or civil liability that might otherwise arise from the disclosure.

§ 46-473 Delaying disbursements or transactions; immunity

A. A broker-dealer or investment adviser may delay a disbursement or transaction from an account of an eligible adult or an account on which an eligible adult is a beneficiary if both:

The broker-dealer, investment adviser or qualified individual reasonably believes, after initiating an internal review of the requested disbursement or transaction and the suspected financial exploitation, that the requested disbursement or transaction may result in financial exploitation of an eligible adult.
The broker-dealer or investment adviser does all of the following:

(a) Immediately, but not more than two business days after the delayed disbursement or transaction, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult.

(b) Immediately, but not more than two business days after the delayed disbursement or transaction, notifies adult protective services and the corporation commission.

(c) Continues its internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and reports the investigation's results to adult protective services and the corporation commission on request.

B. A delayed disbursement or transaction expires on the earlier of:

A determination by the broker-dealer or investment adviser that the disbursement or transaction will not result in financial exploitation of the eligible adult.
Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement or transaction of the monies, unless either adult protective services or the corporation commission requests that the broker-dealer or investment adviser extend the delay, in which case the delay shall expire not more than twenty-five business days after the date on which the broker-dealer or investment adviser first delayed disbursement or transaction of the monies unless otherwise terminated or further extended by either adult protective services or the corporation commission or an order of a court of competent jurisdiction.

C. A court of competent jurisdiction may enter an order extending the delay of the disbursement or transaction of monies or may order other protective relief based on the petition of the corporation commission, adult protective services, the broker-dealer or the investment adviser that initiated the delay or another interested party.

D. A broker-dealer or investment adviser who in good faith and exercising reasonable care delays a disbursement or transaction is immune from administrative or civil liability that might otherwise arise from a delay in a disbursement or transaction in accordance with this section.

§ 46-474 Records; disclosure; exemption

A. A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to adult protective services and law enforcement, either as part of a referral to adult protective services or law enforcement, or on request of adult protective services or law enforcement pursuant to an investigation. The records may include historical records and records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult. All records made available to adult protective services or law enforcement under this section are not public records and are not subject to title 39, chapter 1, article 2.

B. This section does not limit or otherwise impede the authority of the corporation commission to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.

Chapter 5 Identification Cards

Article 1 General Provisions

§ 46-601 Identification card; contents; definition

A. The department shall, without cost to the applicant, issue an identification card to every person who is a recipient of financial assistance from the department upon voluntary application by such person, except in those cases in which the financial assistance is issued by means of an electronic benefits transfer card and the department retains on file a color photograph of the recipient. For the purpose of this article, "financial assistance" means payments in cash or kind made under the provisions of this title, and food stamp benefits.

B. The identification card shall bear the title of "Arizona social services identification card", the social security number, full name, date of birth, residence address and a brief description of the holder, the case number issued by the department to such recipient and either a facsimile of the signature of the holder or a space on which he shall write his usual signature with pen and ink. Every such card shall contain the photograph of the holder. Such photograph shall be processed in color.

C. The identification card shall be returned to the department when the person to whom it is issued is no longer a recipient of financial assistance from the department.

§ 46-601.01 Presentment of identification card

A merchant or financial institution may require the presentment of the identification card prescribed by this article as a condition for payment of a warrant issued pursuant to section 46-206.

§ 46-602 Department may contract for services

The department may establish locations throughout the state for producing and processing the cards authorized by section 46-601. It may contract with private or public suppliers of the services necessary for production of the identification cards.

§ 46-603 Fraudulent use of identification card; violation; classification

Any person who knowingly alters or utilizes the identification card prescribed by this article for any fraudulent purpose is guilty of a class 2 misdemeanor.

Chapter 6 Utility Assistance

Article 1 Telecommunications Service Assistance, General Provisions

§ 46-701 Telecommunications service assistance program; administration; rules

A. A telecommunications service assistance program is established to provide eligible recipients with a reduction in costs of telecommunications services.

B. The program may be administered by the department. If the department administers the program, the program shall be administered in accordance with the provisions of this chapter and rules adopted by the department for the program.

§ 46-702 Assistance eligibility; list

A. To be considered eligible for the telecommunications service assistance program, applicants must be a head of household, be sixty-five years of age or older and have a household income at or below the poverty level as determined by the United States office of management and budget and reported annually in the federal register. The department shall develop procedures for taking applications for assistance and for determining program eligibility.

B. Each year the department shall provide a list or lists of the names, addresses and if applicable, telephone numbers of all eligible recipients to each local exchange telephone company. The local exchange telephone company shall determine from the list those recipients to which the company provides service.

§ 46-703 Assistance rate credit; form; applicable services; amount; application

A. The local exchange telephone company shall provide assistance to all recipients determined to be eligible pursuant to section 46-702 in the form of a credit on their telephone bill. Such a credit on the telephone bill shall apply to the following:

Flat rate local exchange services.
Local exchange access services in measured service circumstances.
Local area calling usage limited to an amount that in conjunction with the exchange access service does not exceed the comparable flat rate total.
The charge for maintenance of inside wiring.
The installation charge for basic service one time during any calendar year.

B. The credit allowed by the telecommunications service assistance program is seventeen per cent of the rate set by the corporation commission for the services in subsection A, either paragraphs 1, 4 and 5 or paragraphs 2 through 5, whichever is applicable, to the services being received by the eligible recipient.

C. The department shall apply for a waiver for the mandated customer access line charges pursuant to the federal communications commission CC docket 78-72, 80-286. Upon receipt of the waiver, the assistance provided by the local exchange telephone company pursuant to subsection A shall include a waiver of the mandated customer access line charge.

§ 46-704 Budget request

The department shall include the cost of administering the telecommunications service assistance program in its annual budget request.

Article 3 Utility Repair and Deposit Assistance

§ 46-731 Utility assistance; qualified fuel fund entity; report; definitions

A. On an annual basis, a utility shall transmit all abandoned deposits to a qualified fuel fund entity. The qualified fuel fund entity that receives any monies under this section shall provide assistance to eligible recipients in making utility deposits and owner repairs or replacement of utility related appliances or systems.

B. An abandoned deposit shall be transmitted to a qualified fuel fund entity. Any utility that delivers these refund payments to a qualified fuel fund entity in good faith is relieved of all liability to the extent of any refund payment delivered for any claim then existing or that thereafter may arise or be made in respect to the property. This subsection does not apply to any refund subject to section 44-302, subsection A, paragraph 11 or to any refund that the court or agency order provides will be held by a person other than the utility.

C. On or before December 1 of each year, the qualified fuel fund entity shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the director of the Arizona state library, archives and public records. The report shall describe the actions and expenditures of the qualified fuel fund entity during the previous year.

D. For the purposes of this section:

"Abandoned deposit" means a deposit, including any interest on the deposit, that is made by a subscriber with a utility to secure payment or any amount that is paid in advance for utility services to be furnished, less any lawful deductions or any amount held by a utility that the utility has been ordered to refund by a court or administrative agency, and that remains unclaimed by the subscriber for more than two years after the termination of the services for which the deposit or advance payment was made, or for more than two years after the refund becomes payable and distribution occurs pursuant to the final order of the court or administrative agency that has jurisdiction to establish the terms and conditions of the refund.
"Qualified fuel fund entity" means a private community-based nonprofit entity that is recognized under section 501(c)(3) of the internal revenue code and that has a fuel fund established for the purposes of accepting private and public monies to provide utility assistance pursuant to subsection A of this section to low income residents in this state, including members of an Indian tribe who reside on an Indian reservation.
"Utility" means a person that, for public use, transmits, sells, delivers or furnishes electricity, water, gas, sewer or telecommunications services.

Article 4 Neighbors Helping Neighbors Fund

§ 46-741 Neighbors helping neighbors fund; definition

A. A neighbors helping neighbors fund is established to provide eligible recipients with assistance in paying utility bills, conserving energy and weatherization. The department shall administer the fund. The department shall coordinate this assistance with its low income energy assistance program and its weatherization assistance program.

B. Eligible recipients are individuals who have a household income at or below one hundred twenty-five per cent of the poverty level or individuals who are sixty years of age or older or persons with disabilities and who have a household income at or below one hundred fifty per cent of the poverty level. For the purposes of this subsection, the poverty level is as determined by the United States office of management and budget and reported in the federal register.

C. Beginning July 1, 1993, the director shall provide the use of neighbors helping neighbors fund monies to designated community action or other agencies currently providing energy assistance services to individuals who are eligible under subsection B of this section to receive assistance under this article.

D. Monies in the neighbors helping neighbors fund do not revert to the state general fund.

E. An amount of not more than two per cent of the neighbors helping neighbors fund monies may be used by the department and an amount of not more than eight per cent of the fund monies may be used by the agencies to reimburse them for their administrative costs in providing services under this article.

F. On or before October 15 of each year, the director shall submit a report to the appropriate legislative committees that includes summaries of total monies collected and distributed under this article and such other information as the legislative committees request.

G. For purposes of this section, "utility" means a person who transmits, sells, delivers or furnishes electricity, water, gas or telecommunication services for public use.

Chapter 7 Child Care Services

Article 1 General Provisions

§ 46-801 Definitions

(Caution: 1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

"Caretaker relative" means a relative who exercises responsibility for the day-to-day physical care, guidance and support of a child who physically resides with the relative and who is by affinity or consanguinity or by court decree a grandparent, great-grandparent, sibling of the whole or half blood, stepbrother, stepsister, aunt, uncle, great-aunt, great-uncle or first cousin.
"Cash assistance" has the same meaning prescribed in section 46-101.
"Child" means a person who is under thirteen years of age.
"Child care" means the compensated service that is provided to a child who is unaccompanied by a parent or guardian during a portion of a twenty-four hour day.
"Child care assistance" means any money payments for child care services that are paid by the department and that are paid for the benefit of an eligible family.
"Child care home provider" means a person who is at least eighteen years of age, who is not the parent, guardian, caretaker relative or noncertified relative provider of a child needing child care and who is certified by the department to care for four or fewer children for compensation with child care assistance monies.
"Child care providers" means child care facilities licensed pursuant to title 36, chapter 7.1, article 1, child care group homes certified pursuant to title 36, chapter 7.1, article 4, child care home providers, in-home providers, noncertified relative providers and regulated child care on military installations or for federally recognized Indian tribes.
"Eligible family" means citizens or legal residents of the United States or individuals who are otherwise lawfully present in the United States and who are parents, legal guardians or caretaker relatives with legal residence in this state and children in their care who meet the eligibility requirements for child care assistance.
"Federal poverty level" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register.
"In-home provider" means a provider who is certified by the department to care for a child of an eligible family in the child's own home and is compensated with child care assistance monies.
"Noncertified relative provider" means a person who is at least eighteen years of age, who provides child care services to an eligible child, who is by affinity or consanguinity or by court decree the grandparent, great-grandparent, sibling not residing in the same household, aunt, great-aunt, uncle or great-uncle of the eligible child and who meets the department's requirements to be a noncertified relative provider.
"Parent" or "parents" means the natural or adoptive parents of a child.

§ 46-802 Child care services

The department shall establish and administer child care services. Child care services include:

Child care assistance to eligible families.
Certification of child care home and in-home providers who are not required to be licensed pursuant to title 36, chapter 7.1 for the purposes of caring for children eligible for child care assistance.
Establishment of rights and duties of providers and the department for the provision of child care assistance and services.
Consumer education to families and the public, including activities that help families make informed decisions about child care options.
Activities that improve the quality and availability of child care.
Consultation, technical assistance, training and resources to improve the provision and expand the access to child care services.

§ 46-803 Eligibility for child care assistance

(Caution: 1998 Prop. 105 applies)

A. The department shall provide child care assistance to eligible families who are attempting to achieve independence from the cash assistance program and who need child care assistance in support of and as specified in their personal responsibility agreement pursuant to chapters 1 and 2 of this title.

B. The department shall provide child care assistance to eligible families who are transitioning off cash assistance due to increased earnings or child support income in order to accept or maintain employment. Eligible families must request this assistance within six months after the cash assistance case closure. Child care assistance may be provided for up to twenty-four months after the case closure and shall cease after a time period specified in rule by the department once the family income exceeds one hundred sixty-five percent of the federal poverty level but remains below eighty-five percent of the state median income. If the family income exceeds eighty-five percent of the state median income, child care assistance shall cease on notification by the department.

C. The department shall provide child care assistance to eligible families who are diverted from cash assistance pursuant to section 46-298 in order to obtain or maintain employment. Child care assistance may be provided for up to twenty-four months after the case closure and shall cease after a time period specified in rule by the department once the family income exceeds one hundred sixty-five percent of the federal poverty level but remains below eighty-five percent of the state median income. If the family income exceeds eighty-five percent of the state median income, child care assistance shall cease on notification by the department.

D. The department may provide child care assistance to support eligible families with incomes of one hundred sixty-five percent or less of the federal poverty level at the time of application to accept or maintain employment. Child care assistance shall cease after a time period specified in rule by the department once the family income exceeds one hundred sixty-five percent of the federal poverty level but remains below eighty-five percent of the state median income. If the family income exceeds eighty-five percent of the state median income, child care assistance shall cease on notification by the department. Priority for this child care assistance shall be given to families with incomes of one hundred percent or less of the federal poverty level.

E. The department may provide child care assistance to families referred by the department of child safety and to children in foster care pursuant to title 8, chapter 4 to support child protection.

F. The department may provide child care assistance to special circumstance families whose incomes are one hundred sixty-five percent or less of the federal poverty level at the time of application and who are unable to provide child care for a portion of a twenty-four-hour day due to a crisis situation of domestic violence or homelessness, or a physical, mental, emotional or medical condition, participation in a drug treatment or drug rehabilitation program or court-ordered community restitution. Child care assistance shall cease after a time period specified in rule by the department once the family income exceeds one hundred sixty-five percent of the federal poverty level but remains below eighty-five percent of the state median income. If the family income exceeds eighty-five percent of the state median income, child care assistance shall cease on notification by the department. Priority for this child care assistance shall be given to families with incomes of one hundred percent or less of the federal poverty level.

G. Notwithstanding any other provision of this section, the department may reduce maximum income eligibility levels for child care assistance in order to manage within appropriated and available monies. The department shall notify the joint legislative budget committee of any change in maximum income eligibility levels for child care assistance within fifteen days after implementing the change.

H. In lieu of the employment activity required in subsection B, C or D of this section, the department may allow eligible families with teenaged custodial parents under twenty years of age to complete a high school diploma or its equivalent or engage in remedial education activities reasonably related to employment goals.

I. The department may provide child care assistance for department-approved education and training activities if the eligible parent, legal guardian or caretaker relative is working at least a monthly average of twenty hours per week and the education and training are reasonably related to employment goals. The eligible parent, legal guardian or caretaker relative must demonstrate satisfactory progress in the education or training activity.

J. The department may waive a portion of or the entire work requirement prescribed in subsection I of this section to continue to provide child care assistance to a person who is receiving full-time child care assistance and who is enrolled full time in an accredited educational institution, remedial education activity or employment training program that will lead to a vocational, technical or trade certification or an associate degree or bachelor's degree and the education or training program is reasonably related to employment goals. The person shall confirm the person's intent to obtain education or training that will lead to employment in an occupation that has starting wages that are sufficient to eliminate the need for public assistance for the person once employed. The department shall review the education or training program that is being pursued by the person receiving child care assistance to verify that the education or training program is related to employment goals. The person must demonstrate satisfactory progress to the department in the education or training activity.

K. The department shall establish waiting lists for child care assistance and prioritize child care assistance for different eligibility categories in order to manage within appropriated and available monies. Priority of children on the waiting list shall start with those families at one hundred percent of the federal poverty level and continue with each successive ten percent increase in the federal poverty level until the maximum allowable federal poverty level of one hundred sixty-five percent. Priority shall be given regardless of time spent on the waiting list.

L. The department shall establish criteria for denying, reducing or terminating child care assistance that include:

Whether there is a parent, legal guardian or caretaker relative available to care for the child.
Financial or programmatic eligibility changes or ineligibility.
Failure to cooperate with the requirements of the department to determine or redetermine eligibility.
Hours of child care need that fall within the child's compulsory academic school hours.
Reasonably accessible and available publicly funded early childhood education programs.
Whether an otherwise eligible family has been sanctioned and cash assistance has been terminated pursuant to chapter 2 of this title.
Other circumstances of a similar nature.
Whether sufficient monies exist for the assistance.

M. Families receiving child care assistance under subsection D or F of this section are also subject to the following requirements for that child care assistance:

Each child is limited to not more than sixty cumulative months of child care assistance. The department may provide an extension if the family can prove that the family is making efforts to improve skills and move towards self-sufficiency.
Families are limited to not more than six children receiving child care assistance.
Copayments shall be imposed for all children receiving child care assistance. Copayments for each child may be higher for the first child in child care than for additional children in child care.

N. The department shall review each case not more than once a year to evaluate eligibility for child care assistance.

O. The department shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of families who applied for child care assistance and the total number of families who were denied assistance under this section because the parents, legal guardians or caretaker relatives who applied for assistance were not citizens or legal residents of the United States or were not otherwise lawfully present in the United States.

P. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.

Q. The department shall refer all child care subsidy recipients to child support enforcement and to local workforce services and provide information on the earned income tax credit.

§ 46-804 Appeals

A decision denying, reducing or terminating child care assistance is subject to appeal pursuant to title 41, chapter 6, article 6 and title 41, chapter 14.

§ 46-805 Child care assistance; rates; definitions

A. The department shall establish payment rates for child care assistance. Payment rates shall provide for equal access for eligible families to comparable child care services provided to families who are not eligible to receive child care assistance.

B. Payment rates shall be identical in form for all child care assistance.

C. The department may pay different levels of child care assistance according to the category of child care provider, age of children, geographic area, level of national accreditation or another state-approved quality indicator, varying child care costs for children with special needs or other circumstances to meet the child care needs of eligible families.

D. Each federal fiscal year, the department shall pay at least thirty-three percent of quality set-aside monies for tiered reimbursement of child care providers that meet the quality standard.

E. The department shall establish a sliding fee scale and formula for determining child care assistance based on:

Income and earnings of the family.
Family size.
Number of children receiving child care assistance.
Child support to other minor dependent children of the parent living outside the family unit.
Income and earnings of a family member who is at least eighteen years of age and who is residing in the home with a parent who is receiving child care assistance, if the family member claims any member of a family unit applying for assistance as a dependent on a federal or state income tax return.
Income and earnings of a nonfamily member who is at least eighteen years of age and who is residing in the home of and cohabiting with a parent who is receiving child care assistance if the cohabiting nonfamily member claims any member of a family unit applying for assistance as a dependent on a federal or state income tax return.
Other factors of a similar nature.

F. The department shall annually review and adjust the sliding fee scale and formula for determining child care assistance pursuant to subsection D of this section and section 46-803.

G. The department shall post on the department's website the payment rates and the most current sliding fee scale and formula for determining child care assistance established pursuant to this section.

H. All child care providers shall remain in good standing with licensing and certification laws and adopted rules.

I. For the purposes of this section:

"Quality set-aside monies" means the total amount of federal child care and development fund monies that must be used for activities that do one or more of the following:

(a) Improve the quality of child care services.

(b) Increase parental options for and access to high quality child care.

"Quality standard" means accreditation from a national organization or a state-approved quality indicator that is recognized by the department.
"Tiered reimbursement" means a child care assistance system that is offered by the department and that provides higher payments for child care services that meet higher quality standards.

§ 46-806 Choice of child care providers

The department shall allow parental choice of child care providers for families, except that those families referred by the department of child safety or children in foster care pursuant to title 8, chapter 4 may not receive child care assistance to use uncertified relative providers.

§ 46-807 Certification of family child care home and in-home providers; hearing

A. The department shall establish health, safety and training standards for the certification of child care home providers and in-home providers.

B. All child care personnel shall be fingerprinted according to section 41-1964.

C. The department may deny the application or suspend or revoke the certification of a child care home or in-home provider for violation of any provisions of law or failure to maintain the standards of care. Written notice of the grounds of suspension or the proposed denial or revocation shall be given to the applicant or provider. The applicant or provider has a right to request a hearing on the suspension, denial or revocation of a certification, and a hearing shall be held pursuant to title 41, chapter 14, article 3 and according to rules of the department.

§ 46-808 Confidentiality

A. The department shall maintain records of complaints and investigations concerning child care home providers and in-home providers.

B. Section 41-1959 does not apply to personally identifiable information concerning child care providers.

§ 46-809 Rules

The department shall adopt rules it deems reasonable or necessary to implement child care services and to further the objectives of this article. Rules adopted by the department shall include:

Criteria for making child care assistance eligibility determinations.
Criteria for certifying child care home and in-home providers.
Criteria for operating child care resource and referral services and for suspending and terminating referrals to participating child care providers pursuant to section 41-1967.

§ 46-810 Department of economic security; child care; report

The department of economic security shall provide the following data by October 1 of each year to the members of the joint legislative budget committee:

The number of families served and total number of children served by each of the child care programs administered by the department of economic security.
The total number of dollars spent on child care for each of the child care programs administered by the department of economic security.
The number of recipients eligible for transitional medical and child care benefits.
The number of recipients who accept transitional medical and child care benefits specifying how many recipients have received these services for less than twelve months and those who have received these services for more than twelve months.
The number of applicants waiting for services under the state child care subsidy and federal child care programs for working families.
Copayment levels for each of the child care programs administered by the department of economic security.
The amount of copayment money collected for each of the child care programs administered by the department of economic security.
The total number of payments made to relatives for child care and the number of children served.
Any changes in the payment rate schedules and maximum provider rates from the previous fiscal year and the reason for those changes.
The number of families providing child care as a work activity in order to meet the federal work participation rates established pursuant to Public Law 104-193.

§ 46-811 Child care providers; background check requirements

A. The department of economic security and the department of health services may conduct background checks pursuant to the requirements of the child care and development block grant act of 2014 (P.L. 113-186) that are not included in the fingerprint clearance card process established by section 41-1758.02 for:

Employees and volunteers of child care providers as defined in section 46-801.
All persons who are eighteen years of age or older and who work or reside in the home of a child care home provider as defined in section 46-801.
Child care personnel as defined in section 36-897.03.
Child care providers as defined in section 41-1967.01.

B. The department of economic security may enter into agreements with other government agencies to conduct the background checks required in subsection A of this section.

Chapter 8 Arizona Able Program

Article 1 General Provisions

§ 46-901 Definitions

In this article, unless the context otherwise requires:

"ABLE" means the achieving a better life experience act.
"Account" means an individual account in the fund established as prescribed in this article for a single designated beneficiary.
"Committee" means the achieving a better life experience act oversight committee.
"Department" means the department of economic security.
"Designated beneficiary" means the eligible individual who establishes an account and who is the owner of the account.
"Eligible individual" means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the social security act, and such blindness or disability occurred before the date on which the individual attained twenty-six years of age or a disability certification with respect to such individual is filed with the United States secretary of the treasury for such taxable year as stipulated in 26 United States Code section 529A.
"Financial institution" means any bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm or other similar entity that is authorized to do business in this state.
"Fund" means the ABLE program fund.
"Program" means the qualified ABLE program that is established under this article and as defined in 26 United States Code section 529A.
"Qualified disability expenses" means any expenses that are related to the eligible individual's blindness or disability and that are for the benefit of an eligible individual who is the designated beneficiary of an account, including education, housing, transportation, employment training and support, assistive technology and personal support services, health care, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring and funeral and burial expenses and any other expenses that are approved by the United States secretary of the treasury as required by 26 United States code section 529A.

§ 46-902 Qualified ABLE program; duties

The department shall:

Develop and implement the program in a manner consistent with this article through the adoption of rules, guidelines and procedures in consultation with the committee.
Retain professional services, if necessary, including accountants, auditors, consultants and other experts.
Seek rulings and other guidance from the United States department of the treasury and the internal revenue service relating to the program.
Make changes to the program, as necessary, to comply with 26 United States Code section 529A and any regulations issued pursuant to that section.
Provide notification to the chairpersons of the senate health and human services committee and the house of representatives children and family affairs committee or their successor committees of any material changes to the federal program that would necessitate changes in this article or rules adopted pursuant to this article.
Negotiate and select the financial institution or institutions to act as the depository and manager of the program in accordance with this article. The department shall consult with the committee when selecting the financial institution or institutions.
Negotiate a fee with the financial institution or institutions.
Maintain the program on behalf of this state as required by 26 United States Code section 529A and any regulations issued pursuant to that section.
Develop and implement requirements, in consultation with the committee, for disbursements from accounts for qualified disability expenses.
Provide for separate accounting for each designated beneficiary of the designated beneficiary's account.
Develop procedures for educating account owners about nonqualified and qualified expenses if the department finds that distributions from any account were made for nonqualified expenses.
Develop and provide, in consultation with the committee, educational materials on the program, qualified disability expenses and requirements for being a designated beneficiary.

§ 46-903 Use of contractor as account depository; program manager

A. The department shall implement the operation of the program through the use of one or more financial institutions to act as the depositories of the fund and managers of the program. Under the program, persons may submit applications for enrollment in the program and establish accounts in the fund at the financial institution. Monies paid by account owners and other contributors to the fund for deposit in accounts maintained by the fund at a financial institution shall be paid to the financial institution as an agent of the fund and shall provide that all monies paid by account owners and other contributors to fund accounts held at financial institutions are being paid to the fund.

B. The department shall solicit proposals from financial institutions to act as the depositories of fund monies and managers of the program. Financial institutions that submit proposals shall describe the financial instruments that will be held in accounts. After review and recommendation from the committee, the department shall select proposals from financial institutions to act as depositories and managers. The solicitation and selection process under this section is exempt from the procurement code requirements of title 41, chapter 23.

C. On the recommendation of the committee, the department shall select the financial institution or institutions to implement the program from among bidding financial institutions that demonstrate the most advantageous combination, both to potential program participants and this state, of the following factors:

Financial stability and integrity.
The safety of the investment instruments being offered, taking into account any insurance provided with respect to these instruments.
The ability of the financial institutions, directly or through a subcontract, to satisfy recordkeeping and reporting requirements.
The financial institution's plan for promoting the program and the investment it is willing to make to promote the program.
The fees, if any, proposed to be charged to eligible individuals for maintaining accounts.
The minimum initial deposit that the financial institution will require for the investment of fund monies, if any, and the willingness of the financial institution to accept contributions through payroll deduction plans and other deposit plans.
Any other benefits to this state or its residents included in the proposal, including an account opening fee payable to the department by the designated beneficiary and an additional fee from the financial institution for statewide and national program marketing by the department.
The ability of the financial institution to develop procedures for educating account owners about qualified and nonqualified expenses.

D. The department shall enter into a contract with a financial institution or financial institutions to serve as program managers and depositories. Program management contracts shall provide the terms and conditions by which financial institutions shall sell interests in the fund to designated beneficiaries, invest monies in the fund and manage the program.

E. The department may select more than one financial institution and investment for the program if the department concludes that the choice of instrument vehicles is in the best interest of the designated beneficiaries and will not interfere with the promotion of the program.

F. A program manager shall:

Take all action required to keep the program in compliance with the requirements of this article and all action not contrary to this article or its contract to manage the program so that it is treated as a qualified ABLE program under 26 United States Code section 529A and any regulations issued pursuant to that section.
Keep adequate records of each of the fund's accounts, keep each account segregated from each other account and provide the department with the information necessary to prepare statements required by 26 United States Code section 529A and any regulations issued pursuant to that section and any annual reports prepared by the department.
Provide representatives of the department or other state agencies with access to the program manager's books and records to the extent needed to determine compliance with the contract.
Hold all operating monies in the fund in the name of and for the benefit of the fund and this state.

G. Any contract executed between the department and a financial institution pursuant to this section shall be for a term of at least three years and not more than seven years.

H. The department may terminate a contract with a financial institution at any time for good cause on the recommendation of the committee. If a contract is terminated pursuant to this subsection, the department shall take custody of accounts held at that financial institution and shall seek to promptly transfer the accounts to another financial institution that is selected as a program manager and into investment instruments as similar to the original investments as possible.

§ 46-904 Incapacitated or minor eligible individual

A. If an eligible individual is a minor or an incapacitated adult, the account may be opened and managed by any of the following as long as the individuals listed are not in conflict with 26 United States Code section 529A and any regulations issued pursuant to that section:

An agent under a valid power of attorney signed by the eligible individual at a time when the eligible individual had capacity to execute the power.
A parent of a minor child who is an eligible individual.
A court-appointed conservator of the estate of the eligible individual.
A court-appointed guardian of the eligible individual, with express authorization.

B. In any case in which a court authorizes the conservator or guardian of the eligible individual to open and manage the account, the court, in its discretion, may waive any requirement of further accounting pursuant to section 14-5419 or inclusion in any bond established for the conservatorship pursuant to section 14-5411.

§ 46-905 Program requirements

A. The program shall require:

A designated beneficiary to have only one account.
A designated beneficiary to direct the investment of any contributions to the program or any earnings not more than two times in any calendar year.
Contributions to accounts to be made only in cash.
That any excess contributions with respect to a designated beneficiary be rejected pursuant to 26 United States Code section 529A and any regulations issued pursuant to that section.

B. Contributions to and earnings on a designated beneficiary's account in this or any other state shall not be counted as income or resources of the designated beneficiary for the purposes of eligibility for any program under this title or title 36, chapter 29.

C. Subject to any outstanding payments due for qualified disability expenses, on the death of the designated beneficiary, a claim may be filed for payment of all amounts remaining in the account not in excess of the amount equal to the total medical assistance paid for the designated beneficiary after establishment of the account as authorized by 26 United States Code section 529A and any regulations issued pursuant to that section.

D. An account may be opened by a designated beneficiary by completing an application in the form prescribed by the department. Separate records and accounting shall be maintained for each account for each designated beneficiary.

E. A designated beneficiary may not use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect.

F. The financial institution shall provide statements to each designated beneficiary at least once each year within thirty-one days after the twelve-month period to which they relate. The statement shall identify the contributions made during a preceding twelve-month period, the total contributions made through the end of the period, the value of the account as of the end of this period, distributions made during this period and any other matters that the department requires be reported to the account owner.

G. Statements and information returns relating to accounts shall be prepared and filed to the extent required by federal or state law.

H. Any social security numbers, addresses or telephone numbers of designated beneficiaries that come into the possession of the department are confidential, are not public records and shall not be released by the department.

§ 46-906 Limitations of article

A. This article does not:

Give any designated beneficiary any rights or legal interest in an account unless the designated beneficiary is the account owner.
Guarantee that an eligible individual will receive services from a department or agency of this state related to the eligible individual's disability.
Guarantee that the amounts deposited in an eligible individual's account and any earnings on that account pursuant to the program will be sufficient to cover any qualified disability expense of the eligible individual.

B. This article does not establish any obligation of this state or any agency of this state to guarantee for the benefit of any eligible individual, contributor to an account or designated beneficiary any of the following:

The return of any amounts contributed to an account.
The rate of interest or other return on any account.
The payment of interest or other return on any account.

C. Every contract, application, deposit slip or other similar document that may be used in connection with a contribution to an account shall clearly indicate that the account is not insured by this state and neither the principal deposited nor the investment return is guaranteed by this state.

§ 46-907 Achieving a better life experience act oversight committee

A. The achieving a better life experience act oversight committee is established in the department consisting of the following members:

The director of the department or the director's designee.
The state treasurer or the state treasurer's designee.
One member who has knowledge, skill and experience in investment, asset management or financial-related experience and who is appointed by the governor.
One member who is a licensed attorney in this state, who has knowledge, skill and experience in special needs trusts and disability issues and who is appointed by the governor.
One member who is an eligible individual and who is appointed by the governor.
One member who is a family member of an eligible individual and who is appointed by the governor.
One representative of a community-based organization that supports or advocates for individuals with disabilities who is appointed by the governor.

B. The committee shall select a chairperson from the committee's membership. The committee shall meet at least once each calendar quarter.

C. Appointed committee members are eligible to receive compensation pursuant to section 38-611 for each day of attendance at committee meetings.

D. The committee shall:

Make recommendations and provide guidance for the establishment, implementation and improvement of the program, including statutory and rule changes.
Make recommendations regarding the selection of one or more financial institutions to act as depositories and managers of the accounts.
Review regulations adopted by the United States secretary of the treasury and identify changes necessary for program compliance.
Provide advice regarding requirements for disbursements from accounts for qualified disability expenses.
Monitor the use and effectiveness of the program, including the number of accounts established and used, the number of designated beneficiaries being served, a description of the types of disabilities the designated beneficiaries have and the types of expenses for which disbursements have been made.

E. Members of the committee are immune from personal liability with respect to all actions that are taken in good faith and within the scope of the committee's authority.

F. Appointed committee members serve four-year terms and may not serve more than two terms on the committee.