An Act establishing a department of economic security to be administered by the director

CHAPTER 142

Senate Bill 1068 AN ACT

RELATING TO STATE GOVERNMENT; ESTABLISHING A DEPARTMENT OF ECONOMIC SECURITY TO BE ADMINISTERED BY THE DIRECTOR; PROVIDING FOR A TRANSFER OF THE POWERS AND DUTIES OF THE EMPLOYMENT SECURITY COMMISSION AND ITS STATE EMPLOYMENT AND UNEMPLOYMENT COMPENSATION DIVISIONS, THE STATE DEPARTMENT OF PUBLIC WELFARE, THE DIVISION OF VOCATIONAL REHABILITATION, THE VETERANS' SERVICE COMMISSION, THE STATE OFFICE OF ECONOMIC OPPORTUNITY, THE APPRENTICESHIP COUNCIL AND THE STATE OFFICE OF MANPOWER PLANNING; ESTABLISHING AN ECONOMIC SECURITY COUNCIL; PROVIDING FOR THE ESTABLISHMENT OF A SECTION OF REHABILITATION FOR THE VISUALLY IMPAIRED AND A SECTION ON AGING; PROVIDING FOR A TRANSFER OF PROPERTY, RECORDS, FUNDS AND PERSONNEL; AMENDING TITLE 41, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 14; AMENDING SECTIONS 8-101, 8-126, 8-223, 8-224,

8-241,8-501,8-531,8-546,8-546.01,8-546.03,11-297, 12-902, 12-911,

ARIZONA REVISED STATUTES; REPEALING SECTION 15-805, ARIZONA REVISED STATUTES; AMENDING SECTIONS 15-1091, 15-1181, 15-1182, 15-1183, 15-1184, 15-1185, 15-1186 AND 23-222, ARIZONA REVISED STATUTES; REPEALING SECTION 23-222.01, ARIZONA REVISED STATUTES; AMENDING TITLE 23, CHAPTER 2, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 23-222.01; AMENDING SECTIONS 23-223, 23-224, 23-501, 23-502, 23-503,

23-507 AND 23-508, ARIZONA REVISED STATUTES;

AMENDING TITLE 23, CHAPTER 4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 23-609.01; AMENDING SECTIONS 23-611, 23-642, 23-648, 23-649, 23-671,

23-672, 23-673, 23-674, 23-704, 23-724, 23-732, 23-741, 23-772,

23-773, 23-774, 23-782, 36-715 AND 36-716, ARIZONA REVISED STATUTES; AMENDING SECTION 41-601, ARIZONA REVISED STATUTES, REPEALING SECTION 41-602, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 3, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 41-602; AMENDING SECTIONS 41-603, 41-605, 41-606, 42-1341,

46-101, 46-132, 46-134, 46-136, 46-137, 46-138, 46-140 AND

46-171, ARIZONA REVISED STATUTES; AMENDING TITLE 46, CHAPTER 1, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 7; AMENDING SECTIONS 46-201, 46-203, 46-204,

46-205, 46-207, 46-213, 46-214, 46-231, 46-232, 46-233, 46-251,

46-252, 46-261, 46-261.01, 46-261.04, 46-261.09, 46-261.10,

46-261.11, 46-271, 46-272, ARIZONA REVISED STATUTES;

REPEALING SECTIONS 46-273 THROUGH 46-277, AND

SECTIONS 46-279 THROUGH 46-281, ARIZONA REVISED

STATUTES; AMENDING TITLE 46, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES; BY ADDING NEW SECTIONS 46-273 THROUGH 46-275; AMENDING TITLE 46, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 4.1; AMENDING SECTIONS 46-291, 46-292 AND 46-311, ARIZONA

REVISED STATUTES; REPEALING SECTIONS 23-504, 23-505,

23-641, 23-643, 23-645, 23-646, 23-647, 23-650, 23-651, 23-653,

23-655, 23-681, 41-604, 46-111, 46-112, 46-113, 46-131, 46-139,

46-151, 46-152, 46-161, 46-162 AND 46-163, ARIZONA REVISED

STATUTES, AND MAKING AN APPROPRIATION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Purpose

The purpose of this act is to provide an integration of direct services to the people of this state in a pattern that would reduce duplication of administrative efforts, services and expenditures. The department of economic security will provide the means by which people with multiple problems might find the solution to such problems in a single department's coordinated service. This act shall in no manner abridge the autonomy of the state, counties or municipalities in carrying out their authorized functions and responsibilities.

Sec. 2. Title 41, Arizona Revised Statutes, is amended by adding chapter 14, articles 1 through 3, to read:

CHAPTER 14.

DEPARTMENT OF ECONOMIC SECURITY ARTICLE 1. GENERAL PROVISIONS

41-1951. Definitions

IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "AGENCY" INCLUDES ONE OR MORE OF THE STATE AGENCIES CONSOLIDATED INTO THE DEPARTMENT OF ECONOMIC SECURITY BY THIS CHAPTER.
2. "COMPREHENSIVE PLAN" MEANS AN EVALUATION OF CLIENT NEEDS AND THE AVAILABILITY OF SERVICES TO MEET THESE NEEDS WITHIN THE STATE.
3. "COUNCIL" MEANS THE ECONOMIC SECURITY COUNCIL.
4. "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC SECURITY.
5. "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT OF ECONOMIC SECURITY.
6. "STATE PLAN" MEANS ANY OF THE SEVERAL STATE PLANS WHICH ESTABLISH THE FEDERAL-STATE CONTRACTUAL RELATIONSHJPS NECESSARY FOR FEDERAL FUNDING.
7. "COMMUNITY WORK AND TRAINING" MEANS WORK, TRAINING OR JOB DEVELOPMENT WHICH WILL BE PROVIDED THROUGH A PLAN JOINTLY ENTERED INTO BY THE DEPARTMENT AND AN AGENCY, DEPARTMENT, BOARD OR COMMISSION OF THE STATE OR FEDERAL GOVERNMENT, COUNTY, CITY, POLITICAL SUBDIVISION OR PRIVATE AGENCY. SUCH WORK, TRAINING OR JOB DEVELOPMENT WILL TAKE PLACE IN AND ABOUT PUBLIC OR PRIVATE WORKS OR IMPROVEMENTS AND WILL UTILIZE LABOR AND SERVICES REQU1RED TO BE PERFORMED WHERE FEASIBLE BY THOSE ELIGIBLE FOR THIS PROGRAM.41-1952. Department of economic security; director; search committee; appointment; compensationTHERE IS ESTABLISHED A DEPARTMENT OF ECONOMIC SECURITY.THE DIRECTION, OPERATION AND CONTROL OF THE DEPARTMENT IS THE RESPONSIBILITY OF THE DIRECTOR.THE DIRECTOR SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.THE STATE PERSONNEL COMMISSION SHALL ASSIST THE GOVERNOR IN PREPARING A JOB DESCRIPTION FOR THE POSITION OF DIRECTOR AND RECRIBTING CANDIDATES FOR THE POSITION. THE QUALIFICATIONS OF THE CANDIDATES SHALL BE REVIEWED BY A COMMITTEE OF SEVEN PERSONS SELECTED BY THE GOVERNOR. THE NAMES OF ALL THOSE CANDIDATES DETERMINED BY THE COMMITTEE TO BE QUALIFIED FOR THE POSITION SHALL BE SUBMITTED TO THE GOVERNOR FOR HIS CONSIDERATION. THE GOVERNOR MAY REQUEST ADDITIONAL NAMES FROM THE COMMITTEE IF HE DEEMS NECESSARY. FOR EACH SUBSEQUENT VACANCY IN THE POSITION OF DIRECTOR, A NEW COMMITTEE SHALL BE APPOINTED BY THE GOVERNOR AS PROVIDED HEREIN.COMPENSATION FOR THE DIRECTOR SHALL BE ESTABLISHED PURSUANT TO SECTION 38-611.

41-1953. Department organization; deputy director; assistant directors

1. THE DIRECTOR MAY ESTABLISH, ABOLISH OR REORGANIZE THE POSITIONS OR ORGANIZATIONAL UNITS WITHIN THE DEPARTMENT TO CARRY OUT THE FUNCTIONS PROVIDED BY SECTION 41-1954, SUBJECT TO LEGISLATIVE APPROPRIATION, IF IN HIS JUDGMENT SUCH MODIFICATION OF ORGANIZATION WOULD MAKE THE OPERATION OF THE DEPARTMENT MORE EFFICIENT, EFFECTIVE OR ECONOMICAL. THE DIRECTOR OR HIS DEPUTY SHALL ENFORCE COOPERATION AMONG THE DIVISIONS IN THE PROVISIONS AND INTEGRATION OF ALL FUNCTIONS ON THE DISTRICT AND LOCAL LEVEL.
2. THERE SHALL BE A DEPUTY DIRECTOR OF THE DEPARTMENT WHO IS APPOINTED BY THE DIRECTOR WITH THE ADVICE AND CONSENT OF THE GOVERNOR. THE DEPUTY DIRECTOR SHALL SERVE AT THE PLEASURE OF THE DIRECTOR. THE DEPUTY DIRECTOR WILL BE DIRECTLY RESPONSIBLE FOR THE OPERATIONS AND COORDINATION OF THOSE SERVICES OF THE DEPARTMENT CONCERNING INITIAL INTAKE, SCREENING, EVALUATION AND REFERRAL OF PERSONS SERVED BY THE DEPARTMENT.
3. THE DIRECTOR SHALL APPOINT AN ASSISTANT DIRECTOR TO HEAD EACH ORGANIZATIONAL UNIT THAT THE DIRECTOR MAY ESTABLISH. EACH ASSISTANT DIRECTOR SHALL SERVE AT THE PLEASURE OF THE DIRECTOR.
4. THE DEPARTMENT SUCCEEDS TO THE AUTHORITY, POWERS, DUTIES AND RESPONSIBILITIES OF THE FOLLOWING:l. THE EMPLOYMENT SECURITY COMMISSION OF ARIZONA AND ITS ARIZONA STATE EMPLOYMENT SERVICE, UNEMPLOYMENT COMPENSATION AND ADMINISTRATIVE SERVICE DIVISIONS.THE STATE DEPARTMENT OF PUBLIC WELFARE.THE DIVISION OF VOCATIONAL REHABILITATION.THE VETERANS' SERVICE COMMISSION.THE STATE OFFICE OF ECONOMIC OPPORTUNITY.THE APPRENTICESHIP COUNCIL.THE STATE OFFICE OF MANPOWER PLANNING.
5. IN THE ARIZONA REVISED STATUTES, REFERENCES TO THE AGENCIES AND DEPARTMENTS LISTED IN SUBSECTION D SHALL BE DEEMED TO BE REFERENCES TO THE DEPARTMENT OF ECONOMIC SECURITY OR ITS APPROPRIATE DIVISIONS, OFFICES OR ORGANIZATIONAL UNITS.41-1954. Powers and dutiesIN ADDITION TO THE POWERS AND DUTIES OF THE AGENCIES LISTED IN SUBSECTION D OF SECTION 41-1953 THE DEPARTMENT SHALL:ADMINISTER THE FOLLOWING SERVICES:EMPLOYMENT SERVICES, WHICH SHALL INCLUDE MANPOWER PROGRAMS AND WORK TRAINING, FIELD OPERATIONS, TECHNICAL SERVICES, UNEMPLOYMENT COMPENSATION, COMMUNITY WORK AND TRAINING AND OTHER RELATED FUNCTIONS IN FURTHERANCE OF PROGRAMS UNDER THE SOCIAL SECURITY ACT, AS AMENDED, THE WAGNER-PEYSER ACT, AS AMENDED, THE FEDERAL UNEMPLOYMENT TAX ACT, AS AMENDED, TITLE 33, U.S. CODE AND OTHER RELATED FEDERAL ACTS AND TITLES.INDIVIDUAL AND FAMILY SERVICES, WHICH SHALL INCLUDE A SECTION ON AGING, SERVICES TO CHILDREN AND YOUTH AND OTHER RELATED FUNCTIONS IN FURTHERANCE OF SOCIAL SERVICE PROGRAMS UNDER THE SOCIAL SECURITY ACT, AS AMENDED, THE OLDER AMERICANS ACT, AS AMENDED, AND OTHER RELATED FEDERAL ACTS AND TITLES.INCOME MAINTENANCE SERVICES, WHICH SHALL INCLUDE CATEGORICAL ASSISTANCE PROGRAMS, SPECIAL SERVICES UNIT AND OTHER RELATED FUNCTIONS IN FURTHERANCE OF PROGRAMS UNDER THE SOCIAL SECURITY ACT, TITLE I, OLD AGE ASSISTANCE, TITLE IV, AID TO THE FAMILIES WITH DEPENDENT CHILDREN, TITLE X, AID TO THE BLIND, TITLE XIV, AID TO PERMANENTLY AND TOTALLY DISABLED, AS AMENDED, AND OTHER RELATED FEDERAL ACTS AND TITLES.REHABILITATION SERVICES WHICH SHALL INCLUDE VOCATIONAL REHABILITATION SERVICES AND SECTIONS FOR THE BLIND AND VISUALLY IMPAIRED, COMMUNICATION DISORDERS, CORRECTIONAL REHABILITATION AND OTHER RELATED FUNCTIONS IN FURTHERANCE OF PROGRAMS UNDER THE VOCATIONAL REHABILITATION ACT, AS AMENDED, THE RANDOLPH-SHEPPARD ACT, AS AMENDED, AND OTHER RELATED FEDERAL ACTS AND TITLES.ADMINISTRATIVE SERVICES, WHICH SHALL INCLUDE THE COORDINATION OF PROGRAM EVALUATION AND RESEARCH, INTERAGENCY PROGRAM COORDINATION AND IN-SERVICE TRAINING, PLANNING, GRANTS, DEVELOPMENT AND MANAGEMENT, INFORMATION, LEGISLATIVE LIAISON, BUDGET, LICENSING AND OTHER RELATED FUNCTIONS.MANPOWER PLANNING, WHICH SHALL INCLUDE A STATE MANPOWER PLANNING COUNCIL FOR THE PURPOSES OF THE FEDERAL-STATE-LOCAL COOPERATIVE MANPOWER PLANNING SYSTEM AND FURTHERANCE OF PROGRAMS UNDER THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, AS AMENDED, PUBLIC LAW 90-636, 42 U.S. CODE 2571-2620, FEDERAL EXECUTIVE ORDER NO. 11422 DATED OCTOBER 15, 1968, AND OTHER RELATED FEDERAL ACTS AND TITLES.THE APPRENTICESHIP COUNCIL, WHICH SHALL INCLUDE RESPONSIBILITY FOR FUNCTIONS PRESCRIBED IN TITLE 23, CHAPTER 2, ARTICLE 2 AND FURTHERANCE OF PROGRAMSUNDER THE FITZGERALD ACT, PUBLIC LAW 308, 75TH CONGRESS, AS AMENDED AND OTHER RELATED FEDERAL ACTS AND TITLES.VETERANS' SERVICES, WHICH SHALL INCLUDE FUNCTIONS PRESCRIBED IN TITLE 41, CHAPTER 3, ARTICLE 7, AND FURTHERANCE OF PROGRAMS UNDER TITLE 38, U. S. CODE RELATING TO VETERANS' BENEFITS AND OTHER RELATED FEDERAL ACTS AND TITLES.ECONOMIC OPPORTUNITY SERVICES, WHICH SHALL INCLUDE THE FURTHERANCE OF PROGRAMS PRESCRIBED UNDER THE ECONOMIC OPPORTUNITY ACT OF 1967, AS AMENDED AND OTHER RELATED FEDERAL ACTS AND TITLES.PROVIDE A COORDINATED SYSTEM OF INITIAL INTAKE, SCREENING, EVALUATION AND REFERRAL OF PERSONS SERVED BY THE DEPARTMENT.ADOPT RULES AND REGULATIONS IT DEEMS NECESSARY OR DESIRABLE TO FURTHER THE OBJECTIVES AND PROGRAMS OF THE DEPARTMENT.FORMULATE POLICIES, PLANS AND PROGRAMS TO EFFECTUATE THE MISSIONS AND PURPOSES OF THE DEPARTMENT.EMPLOY, DETERMINE THE CONDITIONS OF EMPLOYMENT AND PRESCRIBE THE DUTIES AND POWERS OF ADMINISTRATIVE, PROFESSIONAL, TECHNICAL, SECRETARIAL, CLERICAL AND OTHER PERSONS AS MAY BE NECESSARY IN THE PERFORMANCE OF ITS DUTIES, AND CONTRACT FOR THE SERVICES OF OUTSIDE ADVISORS, CONSULTANTS AND AIDES AS MAY BE REASONABLY NECESSARY.MAKE CONTRACTS AND INCUR OBLIGATIONS WITHIN THE GENERAL SCOPE OF ITS ACTIVITIES AND OPERATIONS SUBJECT TO THE AVAILABILITY OF FUNDS.CONTRACT WITH OR ASSIST OTHER DEPARTMENTS, AGENCIES AND INSTITUTIONS OF THE STATE, LOCAL AND FEDERAL GOVERNMENTS IN THE FURTHERANCE OF ITS PURPOSES, OBJECTIVES AND PROGRAMS.BE DESIGNATED AS THE SINGLE STATE AGENCY FOR THE PURPOSES OF ADMINISTERING AND IN FURTHERANCE OF EACH FEDERALLY SUPPORTED STATE PLAN.ACCEPT GRANTS, MATCHING FUNDS AND DIRECT PAYMENTS FROM PUBLIC OR PRIVATE AGENCIES FOR THE CONDUCT OF PROGRAMS WHICH ARE CONSISTENT WITH THE OVERALL PURPOSES AND OBJECTIVES OF THE DEPARTMENT.PROVIDE INFORMATION AND ADVICE ON REQUEST BY LOCAL, STATE AND FEDERAL AGENCIES AND BY PRIVATE CITIZENS, BUSINESS ENTERPRISES AND COMMUNITY ORGANIZATIONS ON MATIERS WITHIN THE SCOPE OF ITS DUTIES SUBJECT TO THE DEPARTMENTAL RULES AND REGULATIONS ON THE CONFIDENTIALITY OF INFORMATION.

1 I. EST A BLISH AND MAINTAIN SEPARATE FINANCIAL ACCOUNTS AS REQUIRED BY FEDERAL LAW OR REGULATIONS.

1. ADVISE WITH AND MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE ON ALL MATTERS CONCERNING ITS OBJECTIVES.
2. HAVE AN OFFICIAL SEAL WHICH SHALL BE JUDICIALLY NOTICED.41-1955. Duty of department concerning employment stabilization, income maintenance and manpower developmentTHE DEPARTMENT, WITH THE ADVICE AND AID OF ITS ADVISORY COUNCILS, SHALL:TAKE APPROPRIATE STEPS TO REDUCE AND PREVENT UNEMPLOYMENT AND DEPENDENCY, AND TO ASSIST IN ALLEVIATING THE ECONOMIC AND SOCIAL IMPACT OF UNEMPLOYMENT AND DEPENDENCY ON THE PERSON At'lD HIS FAMILY.

1. ENCOURAGE AND ASSIST IN THE ADOPTION OF PRACTICAL METHODS OF MANPOWER SERVICES, OCCUPATIONAL TRAINING, VOCATIONAL COUNSELING AND GUIDANCE, VOCATIONAL REHABILITATION AND RETRAINING, SUPPORTIVE SERVICES AND OTHER SUCH SERVICES THE DIRECTOR DEEMS APPROPRIATE.
2. RESEARCH, RECOMMEND, ADVISE AND ASSIST IN THE ESTABLISHMENT OF COMMUNITY OR AREA FACILITIES, PUBLIC AND PRIVATE, OR BOTH, TO PROVIDE AN INTEGRATION OF DIRECT SERVICES AND PROGRAMS FOR THE DEVELOPMENT OF THE STATE'S MANPOWER AND THE REDUCTION OF DEPENDENCY.
3. PROMOTE THE EFFECTIVE UTILIZATION OF UNEMPLOYED AND UNDERUTILIZED WORKERS.
4. CARRY OUT AND PUBLISH THE RESULTS OF RESEARCH STUDIES FOR THE PURPOSE OF THIS CHAPTER.41-1956. State comprehensive planTHE DEPARTMENT SHALL ANNUALLY PREPARE A COMPREHENSIVE PLAN FOR THE STATE FOR THE PURPOSE OF GUIDING THE DEVELOPMENT, FUNDING AND IMPLEMENTATION OF PROGRAMS AND ACTIVITIES BY THE DEPARTMENT AND OTHER ST A TE PROGRAMS CONCERNED WITH SERVICE DEVELOPMENT, INTEGRATION AND UTILIZATION. THE PLAN SHALL DESCRIBE THE PRESENT AND PROJECTED NEEDS FOR DEVELOPMENT OF SUCH PROGRAMS AND SET FORTH THE LONG-RANGE PROGRAM OBJECTIVES. THE PLAN SHALL ALSO INCLUDE A DESCRIPTION OF THE CONTENT AND ALLOCATION OF STATE AND FEDERAL FUNDS TO ALL PROGRAMS, SERVICES AND ACTIVITIES TO BE CARRIED OUT UNDER THE PLAN DURING THE YEAR. THE DEPARTMENT SHALL INDICATE HOW AND TO WHAT EXTENT SUCH PROGRAMS, SERVICES AND ACTIVITIES WILL CARRY OUT THE PROGRAM OBJECTIVES SET FORTH IN THE LONG-RANGE PROGRAM PLAN. THE DEPARTMENT SHALL HOLD PUBLIC HEARINGS ON THE PLAN BEFORE ADOPTION OF SUCH PLAN.41-1957. State-federal cooperationSUBJECT TO THE DEPARTMENTAL RULES AND REGULATIONS ON THE CONFIDENTIALITY OF INFORMATION, UPON REQUEST, THE DEPARTMENT SHALL FURNISH TO ANY AGENCY OF THE UNITED STATES WHICH IS CHARGED WITH THE ADMINISTRATION OF PUBLIC WORKS OR ASSISTANCE THROUGH PUBLIC EMPLOYMENT THE NAME, ADDRESS, ORDINARY OCCUPATION AND EMPLOYMENT STATUS OF EACH RECIPIENT OF BENEFITS AND THE RECIPIENT'S RIGHTS TO FURTHERBENEFITS FROM PROGRAMS ADMINISTERED BY THE DEPARTMENT.IN THE ADMINISTRATION OF THE PROVISIONS OF THE EXTENDED BENEFIT PROGRAM REQUIRED BY THE FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970, THE DEPARTMENT SHALL TAKE SUCH ACTION AS MAY BE NECESSARY TO ENSURE THAT THE PROVISIONS ARE SO INTERPRETED AND APPLIED AS TO MEET THE REQUIREMENTS OF SUCH FEDERAL ACT AS INTERPRETED BY THE UNITED STATES DEPARTMENT OF LABOR, AND TO SECURE TO THIS STATE THE FULL REIMBURSEMENT OF THE FEDERAL SHARE OF EXTENDED BENEFITS PAID UNDER TITLE 23, CHAPTER 4, THAT ARE REIMBURSABLE UNDER THE FEDERAL ACT.

41-1958. Acquisition of lands and buildings

1. THE DIRECTOR MAY ACQUIRE FOR AND IN THE NAME OF THE STATE BY LEASE, LEASE PURCHASE AGREEMENT OR OTHERWISE LANDS OR BUILDINGS FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE DEPARTMENT AT SUCH PLACES AS THE DIRECTOR FINDS NECESSARY AND SUITABLE.
2. AN AGREEMENT MADE FOR THE LEASE OR PURCHASE OF THE PREMISES MENTIONED IN SUBSECTION A IS SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL AND THE COMMISSIONER OF FINANCE.41-1959. Power to promulgate rules concerning confidential nature of recordsTHE DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS REQUIRED BY FEDERAL LAW OR REGULATION OR THAT THE DEPARTMENT DEEMS NECESSARY TO PROTECT CONFIDENTIAL INFORMATION. NO NAMES OR OTHER INFORMATION OF ANY APPLICANT, CLAIMANT, RECIPIENT OR EMPLOYER SHALL BE MADE AVAILABLE FOR ANY POLITICAL, COMMERCIAL OR OTHER UNOFFICIAL PURPOSE.41-1960. Annual reportTHE DIRECTOR SHALL MAKE AN ANNUAL REPORT ON THE ST A TE 'S ECONOMIC SECURITY NEEDS AND RESOURCES, INCLUDING THE USE, TRAINING AND PLACEMENT OFMANPOWER, AND HIS RECOMMENDATIONS FOR THE FORTHCOMING FISCAL YEAR FOR THE STATE'S DEVELOPMENT OF RELEVANT PROGRAMS. SUCH REPORT SHALL BE TRANSMITTED TO THE GOVERNOR AND LEGISLATURE BY THE END OF EACH CALENDAR YEAR.41-1961. District offices; location; representativesTHE DEPARTMENT SHALL ESTABLISH AT LEAST SIX DISTRICT OFFICES, TO BE LOCATED IN AND SERVE THE VARIOUS RELATED GEOGRAPHICAL AREAS OF THE STATE. THE DISTRICTS SHALL HAVE COMMON BOUNDARIES FOR ALL SERVICES PROVIDED BY THE DEPARTMENT.EACH DISTRICT OFFICE SHALL BE STAFFED BY A REPRESENTATIVE FROM EACH MAJOR ORGANIZATIONAL SERVICE UNIT OF THE DEPARTMENT. ONE OF THE REPRESENTATIVES SHALL BE DESIGNATED BY THE DIRECTOR TO COORDINATE THE DISTRICT OFFICE.EACH DISTRICT OFFICE SHALL BE CONSIDERED AN OPERATIONS UNIT OF THE DEPARTMENT AND SHALL BE RESPONSIBLE FOR THE PLANNING, PROGRAMS, INTRA AND INTERAGENCY COORDINATION WITHIN THE DISTRICT AREA.EACH DISTRICT OFFICE SHALL BE CREATED IN ADDITION TO ANY LOCAL OFFICES OF THE DEPARTMENT THAT MAY EXIST IN THE DISTRICT AREA.

41-1962. Conflict with federai law

WHERE ANY CONFLICT WITH FEDERAL LAW OCCURS CONCERNING THE PROGRAMS AND FUNCTIONS OF THE DEPARTMENT AS ESTABLISHED BY THE LAW OF THIS STATE, SUCH FEDERAL LAW SHALL CONTROL.

ARTICLE 2. ADVISORY COUNCILS

41-1981. Economic security council; special purpose councils

1. IN ORDER TO FORM A COUNCIL ADVISORY TO THE GOVERNOR AND THE DEPARTMENT AND REPRESENTATIVE OF THE NEEDS OF THE PEOPLE OF ARIZONA AND WITH RESPECT TO MANPOWER, ECONOMIC SECURITY, SOCIAL WELFARE ANDVOCATIONAL REHABILITATION, THERE IS ESTABLISHED AN ECONOMIC SECURITY COUNCIL. THE ECONOMIC SECURITY COUNCIL SHALL ALSO SERVE THE REQUIREMENTS OF THE WAGNER-PEYSER ACT, AS AMENDED, THE SOCIAL SECURITY ACT, AS AMENDED, THE VOCATIONAL REHABILITATION ACT, AS AMENDED, THE MANPOWER DEVELOPMENT AND TRAINING ACT, AS AMENDED, THE VOCATIONAL EDUCATION ACT, AS AMENDED, THE ECONOMIC OPPORTUNITY ACT, AS AMENDED, AND FUTURE FEDERAL AND STATE LEGISLATION RELATING TO ECONOMIC SECURITY, FOR PLANNING, FUNDING OR IMPLEMENTING PROGRAMS RELATED TO SUCH ACTS.
2. THE GOVERNOR SHALL APPOINT THE MEMBERS OF THE COUNCIL. MEMBERSHIP SHALL CORRESPOND TO PERTINENT FEDERAL REGULATIONS CONCERNING ADVISORY AND PLANNING COUNCILS OR COMMITTEES. THE GOVERNOR SHALL ANNUALLY SELECT THE COUNCIL CHAIRMAN FROM THE MEMBERSHIP OF THE COUNCIL.
3. THE COUNCIL SHOULD HAVE EIGHTEEN MEMBERS REPRESENTING THE PUBLIC AND RELEVANT PROFESSIONAL, BUSINESS, MANUFACTURING, LABOR AND EDUCATIONAL ORGANIZATIONS.
4. COUNCIL MEMBERS SERVE FOR A TERM OF THREE YEARS, EXCEPT THAT THE MEMBERS INITIALLY APPOINTED SHALL BE APPOINTED FOR STAGGERED TERlvIS OF ONE, TWO AND THREE YEARS.
5. THE DIRECTOR SHALL ESTABLISH ANY SPECIAL PURPOSE COUNCILS AS ARE REQUIRED BY STATE OR FEDERAL LAW, RULES OR REGULATIONS OR DETERMINED TO BE ESSENTIAL TO THE PUBLIC'S INTEREST. SUCH COUNCILS SHALL INCLUDE, BUT NOT BE LIMITED TO, A REHABILITATION ADVISORY COUNCIL, AN INCOME MAINTENANCE ADVISORY COUNCIL, AN APPRENTICESHIP ADVISORY COUNCIL, AN INDIAN AFFAIRS ADVISORY COUNCIL, A VETERANS' ADVISORY COUNCIL. MEMBERSHIP QUALIFICATIONS SHALL BE IN ACCORDANCE WITH THE APPROPRIATE LAW, RULE OR REGULATION. THE DIRECTOR SHALL APPOINT, WITH THE APPROVAL OF THE GOVERNOR, THE MEMBERS OF EACH SUCH COUNCIL AFTER CONSULTATION WITH MEMBERS OF THE ECONOMIC SECURITY COUNCIL.
6. APPOINTMENT TO FILL A VACANCY ON THE COUNCIL OR ANY SPECIAL PURPOSE COUNCIL RESULTING FROM OTHERTHAN EXPIRATION OF TERM SHALL BE FOR THE UNEXPIRED PORTION OF A TERM ONLY.
7. THE DEPARTMENT SHALL PROVIDE SECRETARIAL AND STAFF SUPPORT SERVICES TO THE COUNCILS.
8. THE MEMBERS OF THE ECONOMIC SECURITY COUNCIL SHALL RECEIVE COMPENSATION DETERMINED PURSUANT TO SECTION 38-611. THE MEMBERS OF ANY SPECIAL PURPOSE COUNCIL SHALL SERVE WITHOUT COMPENSATION, EXCEPT FOR TRAVEL AND SUBSISTENCE EXPENSES AS PROVIDED BY LAW FOR OTHER STATE OFFICERS AND EMPLOYEES.

ARTICLE 3. HEARINGS AND APPEALS

41-1991. Appeals; procedures

APPEALS HEARD BY THE DEPARTMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF TITLE 41, CHAPTER 6, ARTICLE 1, EXCEPT AS OTHERWISE PROVIDED BY LAW.

41-1992. Hearing officers; powers and duties

1. THE DIRECTOR SHALL APPOINT HEARING OFFICERS WHO SHALL CONDUCT SUCH HEARINGS AS THE DIRECTOR MAY DETERMINE ARE NECESSARY IN ACCORDANCE WITH LAW.
2. WITHIN A REASONABLE TIME PRIOR TO THE DATE SET FOR THE HEARING ANY INTERESTED PARTY TO A HEARING BEFORE THE DEPARTMENT MAY FILE AN AFFIDAVIT FOR CHANGE OF HEARING OFFICER AGAINST ANY HEARING OFFICER OF THE DEPARTMENT HEARING SUCH MATTERS AND THE HEARING OFFICER SHALL IMMEDIATELY TRANSFER THE MATTER TO ANOTHER HEARING OFFICER OF THE DEPARTMENT WHO SHALL PRESIDE THEREIN. REASONABLE TIME SHALL BE ESTABLISHED BY REGULATION. NOT MORE THAN ONE CHANGE OF HEARING OFFICER SHALL BE GRANTED TO ANY ONE PARTY.
3. THE HEARING OFFICER SHALL SUBMIT A WRITTEN RECOMMENDATION WHICH SHALL INCLUDE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE RECOMMENDATION OF THE HEARING OFFICER MAY BE APPROVED BY THE DIRECTOR AS SUBMITTED OR MAY BE MODIFIED BY THE DIRECTOR. SUCH DECISION, WHEN APPROVED

OR MODIFIED BY THE DIRECTOR AND ORDERED FILED IN HIS OFFICE, SHALL BE THE FINDING, ORDER OR DECISION OF THE DIRECTOR. IF THE DIRECTOR DECLINES TO APPROVE THE DECISION OF THE HEARING OFFICER, THE DIRECTOR MAY ORDER ANY FURTHER PROCEEDINGS HE DEEMS APPROPRIATE.

41-1993. Judicial review; procedures; exception

ANY PARTY AGGRIEVED BY A DECISION OF THE DIRECTOR, EXCEPT DECISIONS RELATING TO PUBLIC WELFARE PURSUANT TO TITLE 46, IS ENTITLED TO JUDICIAL REVIEW OF THE DECISION PURSUANT TO THE PROVISIONS OF TITLE 12, CHAPTER 7, ARTICLE 6.

41-1994. Appeal from superior court

AN AGGRIEVED PARTY MAY SECURE A REVIEW OF A FINAL JUDGMENT OF THE SUPERIOR COURT MADE AND ENTERED UNDER THIS ARTICLE, UNLESS PROHIBITED BY LAW. THE APPEAL SHALL BE TAKEN IN THE MANNER PROVIDED BY LAW FOR APPEALS FROM SUPERIOR COURT IN A CIVIL ACTION.

Sec. 3. Section 8-101, Arizona Revised Statutes, is amended to read: 8-101. Definitions

In this article, unless the context otherwise requires:

1. "Adult" means a person tw,mty gne EIGHTEEN years of age or older.
2. "Agency" is an agency licensed by the division to place children for adoption.
3. "Child" means any person under tw,mty Gne EIGHTEEN years of age.
4. "Custody" means a status embodying the following rights and responsibilities:The right to have the physical possession of the child.The right and the duty to protect, train and discipline the child, andThe responsibility to provide the child with food, shelter, education and ordinary medical care, and the authority to consent to surgery or other extraordinary medical care in an emergency.
5. "Division" means the divisign gf children's services of the tate department of – ECONOMIC SECURITY. vil10n created and until s1.1Gh tim©, th@ stat@ departm@nt of public 1,vslfarn.
6. "Juvenile court" or "court" means the juvenile division of the superior court.
7. "Petitioner" includes both petitioners under a joint petition.

Sec. 4. Section 8-126, Arizona Revised Statutes, is amended to read:

8-126. Fees

1. When an application is filed with the court, an agency or the division for the adoption of a child, the court, the agency or division may require the applicant to pay to the court, the agency or division a fee based upon the cost of services rendered but not in excess of amounts established by the state department of public welfare ECONOMIC SECURITY. Inability of the adoptive applicant to pay all or any part of such fee shall not be a disqualifying factor in determining whether to place a child with the applicant. The court, the agency or division may defer, waive or reduce the fee when its application would cause any type of hardship to the adoptive parent or be detrimental to the welfare of the adoptive child. Persons receiving a child from an agency or the division for the purpose of adoption may receive compensation for the care, clothing and medical attention of the child.
2. All fees collected or received by the division or by the cmmty welfare aepartffieHt shall be paid to the state general fund.
3. No person and no agency, association, corporation, institution, society or other organization, except as provided in subsections A and B, of this sectioH, shall request, receive or accept any compensation or thing of value, directly or indirectly, for placing out of a child.
4. Any attorney licensed to practice in this state may perform legal services in an adoption proceeding if he does not receive any compensation or thing of value, directly or indirectly beyond a reasonable fee, approved by the court, for legal services rendered, which fee shall not include any compensation for participation in the finding, locating or placing a child for adoption or for the finding of adoptive parents.

Sec. 5. Section 8-223, Arizona Revised Statutes, is amended to read: 8-223. Taking into temporary custody; interference; penalty

1. A child may be taken into temporary custody:l. Pursuant to an order of the juvenile court under the provisions of this chapter.Pursuant to the laws of arrest, without a warrant, when there are reasonable grounds to believe that he has committed a delinquent act or is incorrigible.By a law enforcement officer or a child protective services specialist of the state department of publie v.r@lfarn ECONOMIC SECURITY if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his surroundings, and that his removal is necessary.By a law enforcement officer if there are reasonable grounds to believe that the child has run away from his parents, guardian-,or other custodian.
2. A person who interferes with the taking of a child into temporary custody under provisions of this section is guilty of a misdemeanor.

Sec. 6. Section 8-224, Arizona Revised Statutes, is amended to read:

8-224. Investigation of alleged acts of delinquency, dependency, and incorrigibility

1. The law enforcement officer having jurisdiction in the place in which an act of delinquency or incorrigibility is alleged to have occurred shall have the responsibility for the complete investigation surrounding the alleged commission of the act.
2. A child protective services specialist of the state department of-welfttre ECONOMIC SECURITY shall have the responsibility for the complete investigation of all complaints of alleged dependency. The state department ef fH!bl-ie Vielfarn shall be responsible for the disposition of such child unless the matter requires the intervention of the court.Sec. 7. Section 8-241, Arizona Revised Statutes, is amended to read: 8-241. Disposition and commitmentAfter receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:It may award a dependent child:To the care of his parents, subject to the superv1s10n of the state department of pubhe w@lfar@ ECONOMIC SECURITY.To a suitable institution.To an association willing to receive him.To a reputable citizen of good moral character.To an appropriate public or private agency licensed to care for children.To a suitable school.To maternal or paternal relatives, provided they are physically and financially able to provide proper care.It may award a delinquent or incorrigible child:To the care of his parents, subject to supervision of a probation department.To a probation department, subject to such conditions as the court may impose.To a reputable citizen of good moral character, subject to the supervision of a probation department.To a private agency or institution, subject to the supervision of a probation officer.To the department of corrections without further directions as to placement by that department.Except as provided in section 8-242, the juvenile court may make an order directing the parent of a child to contribute to his support such sum as the court may determine, or may allow a reasonable sum for the support of the child at the expense of the county.When the court awards a child to the department of corrections or an institution or agency, it shall transmit with the order of commitment copies of the case report, all psychological and medical reports and other documents or records pertaining to the case requested by the department of corrections, institution or agency.The juvenile court may permit removal from the state of a dependent child or ward of the court by the person to whom his care may be temporarily awarded, upon such recogl-ligation, RECOGNIZANCE, with or without sureties, as may satisfy the court, obligating the person to produce the child when required by the court.

Sec. 8. Section 8-501, Arizona Revised Statutes, is amended to read: 8-501. Definitions

In this article, unless the context otherwise requires:

l. "Child welfare agency" or "agency" means:

1. Any agency or institution maintained by a person, firm, corporation, association or organization to receive dependent, neglected, incorrigible, delinquent or mentally or physically handicapped children for care and maintenance.
2. Any institution that provides care for unmarried mothers and their children.
3. Any agency maintained by the state, or a political subdivision thereof, person, firm, corporation, association, or organization to place dependent, neglected, incorrigible, delinquent, or mentally or physically handicapped children or unmarried mothers in a foster home.

1. "Division" means the di1,1ision of ehi:ldren's serviees of the state – department of flUblie welfare ECONOMIC SECURITY. when ereat0a and until such tim0, th0 stat0 aspartmsnt of public wslfarn.
2. "Foster child" means a child placed in a foster home or child welfare agency.
3. "Foster home" means a home maintained by any individual or individuals having the care or control of one or more but not more than five minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
4. "Parent or parents" means the natural or adoptive parents of the child.
5. "Receiving foster home" means a licensed foster home suitable for immediate placement of children when taken into custody or pending medical examination and court disposition.
6. "Regular foster home" means a licensed foster home suitable for placement of children.
7. "Special foster home" means a licensed foster home capable of handling children who require special care for physical, mental or emotional reasons or have been adjudicated a delinquent.

Sec. 9. Section 8-531, Arizona Revised Statutes, is amended to read: 8-531. Definitions

In this article, unless the context otherwise requires:

1. "Abuse" means the infliction of physical or mental injury or the causing of deterioration of a child and shall include failing to maintain reasonable care and treatment or exploiting or overworking a child to such an extent that his health, morals or emotional well-being is endangered.
2. "Agency" means an agency licensed by the division to place children for adoption.
3. "Child" means a pers