Chapter 0382 - 442R - C Ver of SB1280

THIS CHAPTER HAS LINE-ITEM VETO MATERIAL.

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     Conference Engrossed
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  State of Arizona
  Senate
  Forty-fourth Legislature
  Second Regular Session
  2000
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       CHAPTER 382
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     SENATE BILL 1280
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AN ACT

AMENDING TITLE 8, CHAPTER 10, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 6; AMENDING TITLE 46, CHAPTER 2, ARTICLE 5, ARIZONA REVISED STATUTES, BY ADDING SECTION 46- 300.04; MAKING AN APPROPRIATION; RELATING TO SUBSTANCE ABUSE TREATMENT.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Intent

A. The model court promotes permanency for children in requiring birth parents and family members to participate in reunification services.

B. The federal adoption and safe family act and the temporary assistance for needy families act prescribe timelines for certain actions to promote the stability of families.

C. Protecting the health and safety of children who are victims of child abuse and neglect is of paramount concern. Employment stability that leads to individual self- sufficiency is also important to life in Arizona.

D. Substance abuse in families is a major problem that contributes to child abuse and neglect. Substance abuse also presents a significant barrier to some people trying to reenter the job market.

E. Services for parents and individuals whose substance abuse is a barrier to maintaining, preserving or reunifying the family or self-sufficiency in the workplace must be timely available and accessible to achieve the goal of permanency for child placement and self-sufficiency in the work place.

F. Services for parents and individuals whose substance abuse is a barrier to maintaining, preserving or reunifying the family or self-sufficiency in the workplace must be developed by governmental and community partnerships in creating programs that strengthen and stabilize families and persons seeking to return to the work force.

G. Programs for parents and individuals whose substance abuse is a barrier to maintaining, preserving or reunifying the family or self-sufficiency in the workplace must offer a continuum of services that are family centered, child focused, comprehensive, coordinated, flexible, community based, accessible and culturally responsive.

H. Programs for parents and individuals whose substance abuse is a barrier to maintaining, preserving or reunifying the family or self-sufficiency in the workplace must involve collaborative partnerships among state agencies and between state agencies and community based organizations, including faith-based organizations and regional behavioral health agencies, to provide seamless, efficient, fiscally responsible and customer friendly services to eligible persons.

Sec. 2. Title 8, chapter 10, Arizona Revised Statutes, is amended by adding article 6, to read:

ARTICLE 6. SUBSTANCE ABUSE TREATMENT ASSISTANCE

8-881. Coordination of substance abuse treatment; contracting for services; joint substance abuse treatment fund

A. THE DEPARTMENT OF ECONOMIC SECURITY IN PARTNERSHIP WITH THE DEPARTMENT OF HEALTH SERVICES AS JOINT ADMINISTRATORS OF THE JOINT SUBSTANCE ABUSE TREATMENT FUND SHALL COORDINATE THE PROVISION OF SERVICES TO:

1. PARENTS, GUARDIANS OR CUSTODIANS WHOSE SUBSTANCE ABUSE IS A SIGNIFICANT BARRIER TO MAINTAINING, PRESERVING OR REUNIFYING THE FAMILY.

2. RECIPIENTS OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES WHOSE SUBSTANCE ABUSE IS A SIGNIFICANT BARRIER TO MAINTAINING OR OBTAINING EMPLOYMENT.

B. THIS COORDINATION EFFORT SHALL INCLUDE ALL OF THE FOLLOWING:

1. THE DEVELOPMENT OF PROGRAMS IN COMMUNITIES FOR THE PROVISION OF SERVICES TO QUALIFIED PERSONS WHO SUFFER FROM SUBSTANCE ABUSE.

2. THE REQUIREMENTS FOR CONTRACTORS WHO PROVIDE SERVICES IN COMMUNITIES FOR QUALIFIED PERSONS WHO SUFFER FROM SUBSTANCE ABUSE.

3. THE METHOD OF EVALUATING COMMUNITY PROGRAMS.

C. THE DEPARTMENT OF ECONOMIC SECURITY MAY CONTRACT FOR SERVICES PRESCRIBED IN THIS ARTICLE.

D. THE JOINT SUBSTANCE ABUSE TREATMENT FUND IS ESTABLISHED. THE DIRECTOR OF THE DEPARTMENT OF ECONOMIC SECURITY AND THE DIRECTOR OF THE DEPARTMENT OF HEALTH SERVICES SHALL JOINTLY ADMINISTER THE FUND. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED FOR THE PURPOSES PRESCRIBED IN THIS ARTICLE AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE LAPSING OF APPROPRIATIONS. OF THE FUND MONIES, THE DIRECTORS SHALL NOT USE MORE THAN:

1. FIVE PER CENT FOR PROGRAM DEVELOPMENT COSTS.

2. TEN PER CENT FOR EVALUATION OF COMMUNITY PROGRAMS PURSUANT TO SECTION 8-884.

8-882. Program development

IN ASSISTING DEVELOPMENT OF COMMUNITY PROGRAMS, THE DEPARTMENT OF ECONOMIC SECURITY IN PARTNERSHIP WITH THE DEPARTMENT OF HEALTH SERVICES AS JOINT ADMINISTRATORS OF THE FUND SHALL CONSIDER THE FOLLOWING ISSUES:

1. THE DETERMINATION OF ELIGIBILITY AND A SCREENING PROCESS TO IDENTIFY:

(a) A PARENT, GUARDIAN OR CUSTODIAN OF A CHILD WHO IS NAMED IN A REPORT TO CHILD PROTECTIVE SERVICES AS A VICTIM OF ABUSE OR NEGLECT AND WHOSE SUBSTANCE ABUSE IS A SIGNIFICANT BARRIER TO MAINTAINING, PRESERVING OR REUNIFYING THE FAMILY.

(b) A PERSON WHOSE SUBSTANCE ABUSE IS A SIGNIFICANT BARRIER TO MAINTAINING OR OBTAINING EMPLOYMENT IF THE PERSON IS RECEIVING CASH ASSISTANCE PURSUANT TO TITLE 46, CHAPTER 2, ARTICLE 5.

2. TRAINING AND TECHNICAL ASSISTANCE TO BE PROVIDED TO COMMUNITIES FOR THE DEVELOPMENT AND PROVISION OF THE PROGRAMS.

3. COLLABORATION AMONG AND INTEGRATION WITH PUBLIC AND PRIVATE AGENCIES, PROGRAMS, SERVICE PROVIDERS, ADVOCATES AND CONSUMERS.

4. COORDINATION AND INTEGRATION OF FUNDING SOURCES TO MEET PREVENTION, TREATMENT AND OTHER SERVICE NEEDS.

5. THE SCOPE OF SERVICES TO BE PROVIDED THAT ARE FAMILY CENTERED AND THAT FIT WITHIN THE FOLLOWING CATEGORIES:

(a) SUBSTANCE ABUSE SCREENING AND ASSESSMENT.

(b) TREATMENT REFERRAL.

(d) AFTERCARE.

(e) SERVICE COORDINATION.

(f) OTHER SERVICES NECESSARY TO ACHIEVE THE OUTCOME GOALS IDENTIFIED IN SECTION 8-884.

6. PROCEDURES FOR SHARING INFORMATION TO ASSURE THE WELL-BEING OF A CHILD AND THE PERSON BEING TREATED WHILE MAINTAINING CONFIDENTIALITY AS OTHERWISE PRESCRIBED BY STATUTE. THESE PROCEDURES SHALL INCLUDE REQUIREMENTS FOR TREATMENT PROVIDERS TO KEEP ANY COURT TIMELY INFORMED OF THE NATURE AND STATUS OF TREATMENT FOR A PARENT, GUARDIAN OR CUSTODIAN OF A CHILD WHO IS THE SUBJECT OF A DEPENDENCY ACTION BEFORE THE COURT.

8-883. Requirements for contractors

IN DEVELOPING THE REQUIREMENTS FOR CONTRACTORS WHO PROVIDE PREVENTION AND TREATMENT OF SUBSTANCE ABUSE IN COMMUNITIES, THE DEPARTMENT OF ECONOMIC SECURITY IN PARTNERSHIP WITH THE DEPARTMENT OF HEALTH SERVICES AS JOINT ADMINISTRATORS OF THE FUND SHALL:

1. PRESCRIBE THAT CONTRACTORS SHALL DEVELOP AND IMPLEMENT THE PROGRAM THROUGH COLLABORATION WITH REPRESENTATIVES OF THE COMMUNITY SERVED SO THAT SERVICES ARE PROVIDED IN A COMPREHENSIVE AND INTEGRATED MANNER THAT IS RESPONSIVE TO CULTURAL, DEMOGRAPHIC AND GEOGRAPHIC DIVERSITY.

2. REQUIRE CONTRACTORS TO SPECIFY WHAT OUTCOMES THEY ARE ADDRESSING, CONSISTENT WITH THE REQUIREMENTS PRESCRIBED IN SECTION 8-884, AND HOW THESE OUTCOMES WILL BE ACHIEVED.

3. REQUIRE CONTRACTORS TO COOPERATE WITH THE EVALUATION PRESCRIBED IN SECTION 8-884.

4. PRESCRIBE ANY OTHER REQUIREMENTS NECESSARY TO MEET THE OUTCOME GOALS IDENTIFIED IN SECTION 8-884.

8-884. Evaluation of community programs

A. IN DEVELOPING THE METHOD OF EVALUATING COMMUNITY SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS, THE DEPARTMENT OF ECONOMIC SECURITY IN PARTNERSHIP WITH THE DEPARTMENT OF HEALTH SERVICES AS JOINT ADMINISTRATORS OF THE FUND SHALL PRESCRIBE EVALUATION FACTORS THAT ARE CONSISTENT WITH THE FOLLOWING OUTCOME GOALS:

1. INCREASE THE AVAILABILITY, TIMELINESS AND ACCESSIBILITY OF SUBSTANCE ABUSE TREATMENT TO IMPROVE CHILD SAFETY, FAMILY STABILITY AND PERMANENCY FOR CHILDREN IN FOSTER CARE OR OTHER OUT-OF-HOME PLACEMENT, WITH A PREFERENCE FOR REUNIFICATION WITH A CHILD'S BIRTH FAMILY.

2. INCREASE THE AVAILABILITY, TIMELINESS AND ACCESSIBILITY OF SUBSTANCE ABUSE TREATMENT TO PERSONS RECEIVING TEMPORARY ASSISTANCE FOR NEEDY FAMILIES TO ACHIEVE SELF-SUFFICIENCY THROUGH EMPLOYMENT.

3. INCREASE THE AVAILABILITY, TIMELINESS AND ACCESSIBILITY OF SUBSTANCE ABUSE TREATMENT TO PROMOTE RECOVERY FROM ALCOHOL AND DRUG PROBLEMS.

B. THE DEPARTMENT OF ECONOMIC SECURITY SHALL RETAIN A PERSON TO EVALUATE THE PERFORMANCE OF THE CONTRACTOR FOR EACH COMMUNITY PROGRAM ACCORDING TO THE FACTORS DEVELOPED PURSUANT TO SUBSECTION A. THE PERSON SHALL REPORT AT LEAST EVERY THREE MONTHS TO THE DEPARTMENT AND EACH CONTRACTOR ON THE PERFORMANCE OF EACH CONTRACTOR. ANNUALLY BY NOVEMBER 1, THE PERSON SHALL PREPARE AND DELIVER TO THE LEGISLATURE A STATEWIDE REPORT CONCERNING THE PRIOR FISCAL YEAR.

Sec. 3. Title 46, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 46-300.04, to read:

46-300.04. Substance abuse treatment

A. THE DEPARTMENT OF ECONOMIC SECURITY MAY PROVIDE SUBSTANCE ABUSE TREATMENT PURSUANT TO TITLE 8, CHAPTER 10, ARTICLE 6 WITH MONIES APPROPRIATED FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. TREATMENT SERVICES FOR WHICH THESE MONIES MAY BE USED INCLUDE:

1. PROGRAM DEVELOPMENT PURSUANT TO SECTION 8-882.

2. INTEGRATION OF PROGRAM ACTIVITIES.

3. PROVISION OF UNFUNDED SERVICES TO PROVIDE A RECIPIENT A COMPREHENSIVE TREATMENT PROGRAM.

4. EVALUATION OF THE EFFECTIVENESS OF TREATMENT SERVICES FOR RECIPIENTS OF THE SERVICES.

B. MONIES PROVIDED PURSUANT TO THIS SECTION:

1. SHALL BE USED TO SUPPLEMENT AND NOT TO SUPPLANT OTHER REVENUES AVAILABLE FOR FUNDING SUBSTANCE ABUSE PREVENTION, TREATMENT AND OTHER SERVICE NEEDS.

2. 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 PROVIDE THE SERVICES PRESCRIBED BY THIS ACT.

Sec. 4. Initial services

The department of economic security in partnership with the department of health services as joint administrators of the fund shall begin to provide services pursuant to title 8, chapter 10, article 6, Arizona Revised Statutes, as added by this act, on or before March 1, 2001.

Sec. 5. Appropriation

The sum of $10,000,000 is appropriated in each of the fiscal years 2000-2001, 2001-2002 and 2002-2003 from the temporary assistance for needy families block grant to the joint substance abuse treatment fund established by section 8-881, Arizona Revised Statutes, as added by this act.

Double strike-thru material subject to Governor's line-item veto. Must be removed if subsequent amendments are made.

APPROVED BY THE GOVERNOR APRIL 24, 2000.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2000.