2022 Arizona Revised Statutes
Title 36 - Public Health and Safety
§ 36-551.01 - Persons with developmental disabilities; rights guaranteed

36-551.01. Persons with developmental disabilities; rights guaranteed

A. A person with a developmental disability in this state shall not be denied as the result of the developmental disability the rights, benefits, and privileges guaranteed by the constitution and laws of the United States and the constitution and laws of this state. The rights of persons with developmental disabilities which are specifically enumerated in this chapter are in addition to all other rights enjoyed by such persons. The listing of rights is not exclusive or intended to limit in any way rights which are guaranteed to persons with developmental disabilities under state and federal laws.

B. Every person with a developmental disability has the right to protection from exploitation and abuse on the basis of a developmental disability.

C. Every person with a developmental disability who is provided residential care by the state has the right to live in the least restrictive alternative, as determined after an initial placement evaluation has been conducted for that person.

D. Every school-age person with a developmental disability has the right to receive publicly-supported educational services in accordance with the applicable specific education laws of the state.

E. An employer, employment agency or labor organization shall not deny a person equal employment opportunity because of developmental disability except under both of the following circumstances:

1. The denial is based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise.

2. The person's developmental disability significantly impairs the person's ability to meet the qualifications for the position in question.

F. An owner, lessee, sublessee, assignee, or managing agent of or other person having the right to sell, rent or lease any real property or agency or employee of that person shall not refuse to sell, rent or lease to any person or group of persons solely on the basis of developmental disability.

G. Any person with a developmental disability requesting to be provided with developmental disability programs or services has the right, prior to receiving programs or services, to receive a placement evaluation to determine the need for developmental disability services and to determine the appropriate services for such person.

H. Persons with developmental disabilities have the right to presumption of legal competency in guardianship proceedings.

I. Persons with developmental disabilities have the right to fair compensation for labor.

J. Each client who has been accepted to receive developmental disability services has the right to receive a written individual program plan. Each plan shall be developed by appropriate department personnel with the participation of the client and the client's parent or guardian, if any, and shall be based on the relevant results of the placement evaluation.

K. Every client has the right to periodic review of the individual program plan to measure progress, to modify objectives and programs if necessary and to provide guidance and remediation techniques.

L. Each client and each parent or guardian of a minor client or the guardian of an adult client has the right to participate in the client's initial placement evaluation and periodic evaluations and to be informed in writing of the client's progress at reasonable intervals. Whenever possible, the responsible person shall be given the opportunity to decide among several appropriate alternative services available to the client from the service provider.

M. The responsible person has the right to withdraw the client from developmental disability programs and services unless the client was assigned to the department by the juvenile court. If a client is assigned pursuant to section 36-559, subsection D, the client shall seek and receive the court's permission before the client may withdraw.

N. Clients have the right to be free from mistreatment, neglect and abuse by service providers.

O. Each client has the right to be free from unnecessary and excessive medication. Medication shall not be used as punishment, for the convenience of the staff, as a substitute for an individual program plan, or in quantities that interfere with the client's individual program plan. Prescription-only medication for each client shall be authorized only by the prescription of a physician and the administration of such medication shall be directed by a physician.

P. On admission for developmental disability services, each client and the client's parent or guardian, if any, shall be given written notice, if possible, and oral notice in their primary language, in a manner which can be easily understood, of the rights included in this chapter, including the right to administrative reviews. If written or oral language is not the primary mode of communication of the client or the client's parent or guardian, notice shall be given to that person in the primary mode of communication, if possible. However, if a client is manifestly unable to comprehend these rights, notice to the parent or guardian of a minor client or to the guardian of an adult client shall be sufficient.

Q. Persons with developmental disabilities who are residents in residential programs operated or supported by the department have the right to a humane and clean physical environment, the right to communication and visits and the right to personal property.

R. A child with a developmental disability has the right to appropriate services that are consistent with the child's written individual program plan. These services do not require the relinquishment or restriction of parental rights or custody except as prescribed in section 8-533. These services are subject to available appropriations if they are not mandated by federal law.

S. Any person with a developmental disability or the parent or guardian of a person with a developmental disability who believes that his rights, as established by this chapter or by the Constitution of the United States or the Constitution of Arizona, have been violated has a right to petition the superior court for redress unless other remedies exist under federal or state laws.