Report on the Governor's Council on Developmental Disabilities 2009

              ARIZONA STATE SENATE
RESEARCH STAFF
TO: JOINT LEGISLATIVE AUDIT COMMITTEE
Senator Robert Blendu, Chairman
Representative John Nelson, Vice Chairman
DATE: January 8, 2009
AMBER O'DELL
LEGISLATIVE RESEARCH ANALYST
PUBLIC SAFETY & HUMAN
SERVICES COMMITTEE
Telephone: (602) 926-3171
Facsimile: (602) 926-3833
SUBJECT: Sunset Review of the Governor's Council on Developmental Disabilities
Attached is the final report of the sunset review of the Governor's Council on Developmental
Disabilities, which was conducted by the Senate Public Safety and Human Services and the House of
Representatives Human Services Committee of Reference.
This report has been distributed to the following individuals and agencies:
Governor of the State of Arizona
The Honorable Janet Napolitano
President of the Senate
Senator Timothy S. Bee
Senate Members
Senator Linda Gray, Cochair
Senator Chuck Gray
Senator Jack W. Harper
Senator Leah Landrum Taylor
Senator Victor Soltero
Governor's Council on Developmental Disabilities
Arizona State Library, Archives & Public Records
Senate Majority Staff
Senate Research Staff
Senate Minority Staff
Senate Resource Center
AO/jas
Attachments
Speaker of the House of Representatives
Representative James P. Weiers
House Members
Representative Pete Hershberger, Cochair
Representative Nancy K. Barto
Representative David Bradley
Representative Chad Campbell
Representative Andrew M. Tobin
House Majority Staff
House Research Staff
House Minority Staff
Chief Clerk
Senate Public Safety and Human Services and
House of Representatives Human Services
Committee of Reference Report
GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITIES
Background
Pursuant to A.R.S. § 41-2953, the Joint Legislative Audit Committee (JLAC) assigned the
sunset review ofthe Governor's Council on Developmental Disabilities (Council) to the Committee of
Reference comprised of members of the Senate Public Safety and Human Services and House of
Representatives Human Services Committees.
Statute defines "developmental disability" as a severe, chronic disability of a person that: 1) is
attributable to mental or physical impairment such as mental retardation, cerebral palsy, epilepsy or
autism; 2) is manifest before age 18 and is likely to continue indefinitely; 3) results in substantial
functional limitations in three or more areas of major life activity; and 4) reflects the need for a
combination and sequence of individually planned or coordinated special, interdisciplinary or generic
care, treatment or other services that are of lifelong or extended duration (A.R.S. § 41-2451).
The Council was created in 1978 under executive order as the Arizona Developmental
Disabilities Planning and Advocacy Council and statutorily established in 1983. Section 41-2452,
A.R.S., establishes the Council as Arizona's coordination and planning body for the field of
developmental disabilities. The Council is comprised of up to 25 members who are appointed by the
Governor and who must represent people with developmental disabilities; parents, guardians and
immediate relatives of people with developmental disabilities; and representatives from training and
university-affiliated facilities, nonprofit groups and governmental agencies concerned with services to
persons with developmental disabilities. Statute specifies that the Council is responsible to the office of
the Governor. The Council is statutorily required to serve as a forum and submit periodic reports
regarding services and programs for persons with developmental disabilities; advise the private sector,
the executive and, if requested, the legislative branches of state government on programs and policies
pertaining to current and potential services; monitor services; facilitate the coordination ofthe district
advisory councils in the six planning districts to serve as a community information network; and review,
comment and make recommendations on state service plans that affect persons with developmental
disabilities. To address federal goals and objectives, the Council develops a five-year State Plan by
seeking public input, including email and conventional mail dispatches, public forums and special
meetings. The current plan goals for 2007 to 2011 are in the areas ofeducation, employment, housing,
health care, transportation, community supports and quality assurance.
The Council is entirely federally funded under the Developmental Disabilities Assistance and
Bill of Rights Act; however, the Department of Economic Security may provide administrative and
technical assistance to the Council, subject to legislative appropriation. According to the Council,
Arizona's share of federal funds is $1,342,099 in Federal Fiscal Year (FFY) 2007-2008. The Council
terminates on July 1,2009, unless continued by the Legislature (A.R.S. § 41-3009.04).
1
Committee ofReference Sunset Review Procedures
The Committee of Reference held public meetings on November 6, 2008, and December 15,
2008, to review the statutory sunset factors and required agency factors prepared by the Council and to
receive public testimony.
Committee Recommendations
The Committee of Reference recommended that the Legislature do the following:
1. Continue the Council for one year.
2. Clarify the Council membership appointment and removal process.
3. Clarify the lobbying guidelines of the Council.
4. Consider adding members to the Council representing the cognitive disabled community so that
they have equal representation to the physically disabled community.
5. Clarify the Council's mission statement and align it with federal guidelines.
6. Designate an accountability entity for proper fiduciary and legal oversight ofthe Council, such
as the Attorney General.
7. Consider renaming the Council the Arizona Council on Developmental Disabilities.
The Committee of Reference recommended that the Council do the following:
1. Find ways to increase interaction with the developmentally disabled community on a regular
basis, including the following:
a. Structure Council meetings so members directly interact with the Community Liaisons
and the public.
b. Communicate proactively with local and statewide developmental disability advocacy
and service organizations to encourage more public testimony at the Council meetings.
c. Discuss all legislative actions and ballot proposals impacting the developmentally
disabled community.
2. Have rules outlining a competitive bidding process for expenditures.
3. Adhere to meeting agendas and give members adequate notice of agenda items.
4. Receive training on the open meeting law.
Attachments
1. Meeting Notices
2. Minutes of Committee of Reference Meetings
3. Statutory Sunset Factors and Required Agency Factors
4. Organizational Chart and Statements of Revenue and Expenditures
5. Five Year State Plan: 2007-2011
6. Governor's Council on Developmental Disabilities Annual Report: FFY 2006-2007
2
ATTACHMENT1
Interim agendas can be obtained via the Internet at http://www.azleg.state.az.us/lnterimCommittees.asp
ARIZONA STATE LEGISLATURE
INTERIM MEETING NOTICE
OPEN TO THE PUBLIC
SENATE PUBLIC SAFETY AND HUMAN SERVICES AND HOUSE HUMAN SERVICES
COMMITTEE OF REFERENCE
Date:
Time:
Place:
Thursday, November 6, 2008
11:00 A.M.
SHR 1
AGENDA
1. Call to Order
2. Opening Remarks
3. Sunset Audit of the Governor's Council on Developmental Disabilities
• Presentation by the Council
• Public Testimony
• Discussion
• Recommendations by the Committee of Reference
4. Presentation on Question and Answer documents and Information Briefs related to Child
Protective Services prepared by the Office of the Auditor General
• Child Removal Process
• Child and Family Advocacy Centers
• Processes for Evaluating and Addressing CPS Employee Performance and
Behavior
5. Presentation on the performance audit of the CPS Complaint Management Process by the
Office of the Auditor General
• Response by the Department of Economic Security
• Public Testimony
• Discussion
6. Adjourn
Members:
Senator Linda Gray, Co-Chair
Senator Chuck Gray
Senator Jack Harper
Senator Leah Landrum Taylor
Senator Victor Soltero
11/4/08
jt
Representative Pete Hershberger, Co-Chair
Representative Nancy Barto
Representative David Bradley
Representative Chad Campbell
Representative Andrew Tobin
Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the
Senate Secretary's Office: (602)926-4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation.
Page 1 of 1
Interim agendas can be obtained via the Internet at http://www.azleg.state.az.us/lnterimCommittees.asp
ARIZONA STATE LEGISLATURE
INTERIM MEETING NOTICE
OPEN TO THE PUBLIC
SENATE PUBLIC SAFETY AND HUMAN SERVICES AND HOUSE HUMAN SERVICES
COMMITTEE OF REFERENCE
Date:
Time:
Place:
Monday, December 15,2008
1:30 P.M.
SHR 1
AGENDA
1. Call to Order
2. Opening Remarks
Sunset Audit of the Governor's Council on Developmental Disabilities
3. • Discussion
• Recommendations by the Committee of Reference
4. Auditor General Question and Answer documents and Information Brief related to Child
Protective Services
• Child Removal Process
• Child and Family Advocacy Centers
• Processes for Evaluating and Addressing CPS Employee Performance and Behavior
5. Presentation on the performance audit of the CPS Complaint Management Process by the
Office of the Auditor General
• Response by the Department of Economic Security
• Public Testimony
• Discussion
6. Adjourn
Members:
Senator Linda Gray, Co-Chair
Senator Chuck Gray
Senator Jack Harper
Senator Leah Landrum Taylor
Senator Victor Soltero
11/13/08
br
Representative Pete Hershberger, Co-Chair
Representative Nancy Barto
Representative David Bradley
Representative Chad Campbell
Representative Andrew Tobin
Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the
Senate Secretary's Office: (602)926-4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation.
Page 2 of 1
ATTACHMENT2
ARIZONA STATE LEGISLATURE
Forty-eighth Legislature - Second Regular Session
SENATE PUBLIC SAFETY AND HUMAN SERVICES
AND HOUSE HUMAN SERVICES
COMMITTEE OF REFERENCE
Minutes of Meeting
Thursday, November 6, 2008
SHR 1 -- 11 :00 a.m.
CoChair Linda Gray called the meeting to order at 11 :05 a.m. and attendance was noted by the
secretary.
Members Present
Senator Linda Gray, CoChair
Senator Chuck Gray
Senator Jack Harper
Senator Victor Soltero
Representative Nancy Barto
Representative David Bradley
Representative Andrew Tobin
Members Absent
Senator Leah Landrum Taylor (excused)
Speakers Present
Representative Pete Hershberger, CoChair
Representative Chad Campbell
Xochitl Calderon, interpreter for Matthew Wangemann, Chairman of the Governor's Council on
Developmental Disabilities
Mr. Delgardo, representing self
Monica Cooper, representing self
Katie Griffith, Member, Governor's Council on Developmental Disabilities
David Carey, representing self
George Garcia, representing self
Franc Kahn, Executive Director, Governor's Council on Developmental Disabilities
Catherine Dahlquist, Performance Audit Manager, Office of the Auditor General
Gary Arnold, Child Protective Services, Division of Children, Youth and Families
David Longo, Financial Business Operations Administrator, Division of Children, Youth and Families
PRESENTATIONS:
Sunset Audit of the Governor's Council on Development Disabilities:
Xochitl Calderon, interpreter for Matthew Wangemann, Chairman of the Governor's Council on
Developmental Disabilities (DD), spoke on behalf of Mr. Wangemann. She reviewed the slide
presentation included in the packet prepared by the Council (Attachment 1). She advised that
Mr. Wangemann has been the Chair of the Council for approximately four years. Mr. Art Gode
is the Council Vice Chair, and Mr. Franc Kahn is the Executive Director of the Council. She
related that the Council operates under the federal definition of developmental disability: a
severe, chronic disability of an individual that is attributable to a physical or mental impairment
that is manifested before the individual attains age 22, is likely to continue indefinitely, results in
substantial functional limitations in three or more of the major life activities and reflects the
individual's need for lifelong or extended duration assistance. The Council implements new
ideas for enhancing the lives of people with disabilities and advocates for its constituency. The
mission of the Council is to work in partnership with individuals with developmental disabilities
and their families, to assist in change, advocacy and capacity-building activities that promote
independence, choice and the ability of all individuals to pursue their own dreams.
Ms. Calderon advised that the Council is authorized by the Federal Developmental Disabilities
Assistance and Bill of Rights Act. The Council is funded by the U.S. Department of Health and
Human Services Administration on Developmental Disabilities. The Arizona Department of
Economic Security is the Council's designated state agency. She reviewed information on
membership of the Council, history, quality control, public involvement and achievements. The
consequences of terminating the agency will create a noticeable void in advocacy for those with
developmental disabilities and loss of federal grants, resulting in loss of funds and services.
Consolidating the Council with another agency will likely result in forfeiture in the ability to
effectively perform its critical functions for the disabled community and would jeopardize the
continuation of federal funding.
Mr. Delgardo, representing self, testified that he became involved with this issue because of a
family member who is disabled. He spoke in support of continuing the Council.
Monica Cooper, representing self, advised that she is a self advocate and belongs to a self­advocacy
group, "People First for Arizona." She related that the Governor's Council on
Developmental Disabilities has been a valuable asset to the State of Arizona. The Council has
provided grants to members of her group to go to various Arizona junior and senior high schools
to teach students about self-advocacy. In addition, the Council is helping the Self-Advocacy
Coalition to get funded while it is attempting to get its nonprofit status. Without the Council, she
said it would have been very difficult to form groups that could join together for a common
cause.
Katie Griffith, Member, Governor's Council on Developmental Disabilities, testified in support
of the continuation of the Council. She urged Members to continue to fund the Council.
David Carey, representing self, advised that he works for the Arizona Bridge for Independent
Living and has been involved with the Council for eight years. He said the Council is important
because it provides funding and programs which have been beneficial in improving the quality of
life for the disabled. He urged that the Council be fully funded.
George Garcia, representing self, said that he is speaking on behalf of other people who have
disabilities. If the program is terminated and its funding stopped, it will silence the voice of
many people who have disabilities. The Council is an organization that allows people to come
together and speak as one. He stated that the program is needed and it is important that its
funding be continued.
Representative Tobin queried how the disabled community is reacting to the minimum wage
Issue.
Franc Kahn, Executive Director, Governor's Council on Developmental Disabilities, replied that
there are a number of diverse opinions on what course to pursue on this issue. The Council
functions under a federal mandate of equal rights and access for people with developmental
disabilities. When the State adopted an increase in the minimum wage that trumped the federal
minimum wage, the Council tried to develop an approach of what its constituents were looking
for, and it petitioned the Arizona Industrial Commission to work out a compromise to address
concerns. The Industrial Commission listened to the various viewpoints and adopted a protocol
that seems to be working well. He said he has not heard discussions about making changes.
Representative Barto questioned whether the issue was discussed by Council members. Mr.
Kahn answered in the affirmative. He said there were heated discussions because of the various
viewpoints and concerns were addressed. Representative Barto said her concern is that
constituents have been informed of discussions on this issue. Mr. Kahn advised that members of
the public were given the opportunity to testify and members of the Council were afforded the
opportunity to address concerns raised.
In reply to Representative Barto, Mr. Kahn stated that the Council has six staff members, all
State employees, who work in the communities to address constituents' problems. They act as a
pipeline of information, reporting back to him and, in turn, he reports to the full Council.
Representative Barto noted that the letter from the Director in the annual report differs from the
Council's mission statement in that it omits mention of the family's role (Attachment 1). Mr.
Kahn replied that families play an important role in the Council's efforts in assisting its
constituents.
Senator Chuck Gray asked about the overall budget for the Council. Mr. Kahn advised that this
year's allocation to the Council is $1.3 million. All monies received by the Council come from
the Department of Health and Human Services; the Council receives no funds from the State.
There are no matching State funds; however, states are responsible for making in-kind support
contributions to help the various councils carry out their mandates.
Senator Chuck Gray queried the amount of State monies that are allocated towards advocacy.
Mr. Kahn replied that the Council allocated $10,000 to $12,000 last year.
CoChair Linda Gray noted that she had seen a figure of $20,000. Mr. Kahn said it is possible
that as much as $18,000 was sent; however, a lot of those monies are recouped from booth fees
charged to participants at the event. CoChair Linda Gray asked about the participants of the
booths and what they are charged. Mr. Kahn said the cost is about $200; however, he noted that
the cost is waived for any entity that cannot pay.
In response to CoChair Linda Gray about lobbyists, Mr. Kahn advised that the Council does not
lobby; but there is a Legislative Liaison whose duty is to educate policymakers at a cost of
approximately $70,000 to $75,000. CoChair Linda Gray asked Mr. Kahn to provide the Rule
which prohibits the Council from using the funding for lobbyists.
CoChair Linda Gray announced that the Committee will not make recommendations today on
the continuation of the Council because of the absence of some Members who are attending
leadership meetings and because ofthe quantity of material that was presented to Members.
Persons in support of continuing the Governor's Council on Development Disabilities who did
not speak:
Art Gode, Vice Chairman, Governor's Council on Developmental Disabilities
Cynthia Gafford, Executive Assistant, Governor's Council on Developmental Disabilities
Jon Hinz, Member, Governor's Council on Developmental Disabilities, representing self
Presentation on Question and Answer documents and Information Briefs related to Child
Protective Services prepared by the Office of the Auditor General:
Catherine Dahlquist, Performance Audit Manager, Office of the Auditor General (AG),
presented information on an information brief and two questions-and-answers documents related
to Child Protective Services (CPS) that were issued by the AG's Office in 2008 (Attachment 2).
The information was developed at the request of legislators and other key stakeholders who
wanted information but did not want a full audit. The documents do not contain
recommendations.
Ms. Dahlquist reviewed the process that CPS must follow when temporarily removing a child
from the home. She also reviewed information on child and family advocacy centers.
Senator Harper asked Ms. Dahlquist to give an example of removal due to the physical or mental
condition of the caregiver. Ms. Dahlquist replied that it is anything that prevents the caregiver
from providing adequate care to the child. Senator Harper queried whether there is a standard in
statute or whether it is left up to CPS or a judge. Ms. Dahlquist answered that the standard is
probable cause of imminent danger.
Discussion ensued on the time frame from the time the child is removed from the home until the
time of the hearing in court.
Discussion ensued on the issue of CPS employees who were promoted without being evaluated.
Ms. Dahlquist noted that this is not an area that the AG's Office was requested to evaluate.
Representative Tobin asked whether there have been evaluations to determine the number of
CPS employees who are also caregivers for the State. Ms. Dahlquist replied in the negative.
Representative Tobin said he would like to see if there is some statistical data on this issue.
CoChair Linda Gray questioned the percentage of cases that go beyond the 2l-day deadline in
trying to resolve the issue and to get the child either back with the parent or placed in foster care.
Ms. Dahlquist replied that is not an area that was looked at by the AG's Office because that falls
under the purview of the Juvenile Court.
Gary Arnold, Division of Children, Youth and Families, responded to questions.
CoChair Linda Gray asked about deadlines. Mr. Arnold explained that there are a number of
different time frames and other factors that might lengthen the court process.
Senator Chuck Gray asked for an update on the problem of background investigations of CPS
employees. Mr. Arnold responded that employees go through extensive criminal history
background and fingerprint checks. He revealed that there was a period of time when employees
did not have fingerprint checks. Senator Chuck Gray noted that some employees had gone
through that process and had slipped through. He said he would like to have information on
those employees who did not meet the standards as well as the disposition, in addition to the
charges or allegations, and what happened to them as far as their employment is concerned.
Senator Chuck Gray queried CPS's annual budget.
David Longo, Financial Business Operations Administrator, Division of Children, Youth and
Families, stated that the annual budget for CPS is approximately $400 million. The Division
receives General Fund monies, federal funds, other grants and other funds.
Senator Chuck Gray raised questions relating to federal funds. Mr. Longo advised that Title 4E
monies comprise approximately 35-40 percent of the federal funds. He stated there is a review
process and safeguards in place to ensure that the child is placed legitimately.
CoChair Gray asked what has been done to correct probationary employees being promoted
without evaluations. Mr. Arnold said the Division has instituted an extensive effort to train
supervisors on the evaluation process.
In response to Representative Bradley relating to other safeguards in place, Mr. Longo advised
that supervisors meet with staff on a regular basis.
Representative Bradley asked whether there are frequent meetings related to the removal of
children so that the decision does not rest solely on the caseworker. Mr. Arnold advised that
there is ongoing review of cases. Representative Bradley queried whether there is any financial
incentive for the caseworker relative to removal. Mr. Arnold replied in the negative. He said
there is a stipend to investigative staff for completing a specific number of investigations during
a monthly period.
Representative Bradley asked whether there is any incentive from the federal government for
adoption of children or for kinship cases. Mr. Longo said there is no incentive for the child
removal process. The only incentive from the federal government is for children achieving
permanency through adoption. There is no additional incentive for kinship placements.
CoChair Linda Gray asked CPS to provide information on the amount and percent increase in the
CPS budget over the last ten years.
Presentation on the performance audit of the CPS Complaint Management Process by the
Office of the Auditor General:
CoChair Linda Gray announced that item #5 on the agenda will be discussed at the next meeting
(Attachment 3).
Without objection, the meeting adjourned at 1:00 p.m.
Joanne Bell, Committee Secretary
November 19,2008
(Original minutes, attachments and audio on file in the Chief Clerk's Office; video archives
available at http://www.azleg.gov)
ARIZONA STATE LEGISLATURE
Forty-eighth Legislature - Second Regular Session
SENATE PUBLIC SAFETY AND HUMAN SERVICES AND HOUSE
HUMAN SERVICES COMMITTEE OF REFERENCE
Minutes of Meeting
Monday, December 15,2008
SHR 1 -- 1:30 p.m.
Cochair Linda Gray called the meeting to order at 1:40 p.m. and attendance was noted by the
secretary.
Members Present
Senator Jack Harper
Senator Victor Soltero
Senator Linda Gray, CoChair
Senator Chuck Gray
Senator Leah Landrum Taylor
PRESENTATIONS:
Representative Nancy Barto
Representative David Bradley
Representative Chad Campbell
Members Absent
Representative Andrew Tobin
Representative Pete Hershberger, CoChair
Sunset Audit of the Governor's Council on Developmental Disabilities:
A handout prepared by Senate Research staff was distributed (Attachment 1).
Katie Griffith, representing self, testified in support of the Governor's Council on Developmental
Disabilities (DD). She related that the Council has helped her in many ways and has given her
many opportunities to better herself. Since becoming President of the Advocacy Coalition of
Arizona, the Council has helped her with self-esteem. She spoke of the importance of the
advocacy movement and asked Members to continue to support the Council so that other
disabled individuals can realize their potential.
Patricia Jones, representing self, advised that she has a developmental disability and was told by
her doctor that she would never be a leader of anyone. She said she is currently a student at
Arizona State University and has served on national and statewide self-advocacy boards. She
feels that the Governor's Council should be continued. She reminded Members that the Council
is federally funded and that no monies come from the State. The Council is mandated by the
Developmental Disabilities Assistance and Bill of Rights Act to protect and advocate for the
disabled population. She stated that this Council has stood up for the rights of individuals even
when there have been obstacles and she believes the Council has been very true to its mission
and mandate.
Senator Harper asked Ms. Jones whether the Council has ever encouraged her to contact
Congress about funding. Ms. Jones replied that the Council has helped individuals to learn and
become part of the process.
Debora Henretta, representing self, stated that she is very disappointed with the Governor's
Council. When she heard of a vacancy on the Council, she filled out an application with the
hope of being appointed to the Board, but to date has not heard a word back from anyone. Her
dissatisfaction with the Council relates to the closure of the Coolidge facility where her brother
was receiving care. She said the closure showed her that the Council was not representing all of
the DD population. She maintained that this vulnerable small population needs representation.
CoChair Gray asked whether the position has been filled on the Board.
Franc Kahn, Executive Director, Governor's Council on Developmental Disabilities, replied that
the Governor has been petitioned to appoint someone to fill two active positions on the Council
but to date the Governor has not done so.
Senator Soltero wondered whether the Governor removes individuals as well as appoints them.
Mr. Kahn answered that the Governor appoints members to the Council and they serve at her
pleasure.
Art Gode, representing self, testified that he is the parent of a developmentally disabled son and
the Vice Chair of the Council. He said the Council provided training relative to the systems
which has been invaluable to him and others in the community. Because of that, his son has
made tremendous progress beyond what anyone expected. He offered his support of the
Council.
CoChair Gray asked whether the Council recommended that a certain person not sit on the
Board. Mr. Gode replied in the affirmative. He said the position was as a parent advocate.
CoChair Gray asked for a copy of the minutes of that meeting. Mr. Gode advised that he will get
a copy of the minutes and noted that it was a public meeting.
Matthew Wangeman, Chairman of the Governor's Council on Developmental Disabilities,
through his interpreter Xochitl Calderon, was clearly upset at allegations made. He stated that
Council members voted to remove the aforementioned Council member because he violated the
code of conduct.
CoChair Gray questioned which code of conduct was violated.
Mr. Wangerman replied that the individual spoke, not representing the Council, in several public
meetings against the Council. In addition, this person threatened his life last year. He said he, as
well as others, are afraid to come to meetings and that is why the Council voted to recommend to
the Governor the removal of this member.
Randy Gray, representing self, stated that he is a parent of a child with autism who has achieved
numerous honors in school. He related that he has traveled nationally so he has gotten a keen
perspective on what has been the mission of the councils; however, there is a lot of confusion in
this Council. He believes this Council has stifled creativity and adversarial positions. The role
and position of the Council should be to bring issues to the public. Currently, he does not know
what the position is because there is no transparency. He said the Council should be continued
because it is needed but said he believes it needs total overhaul, strict oversight and a one-year
continuation probation.
Sherry Howard Wilhelmi, representing self, testified that she was a member of the Council.
When she expressed opposing opinions about how the Council should be run, she was removed
as a member. She advised that she is not alone in this; the Council has a history of removing
members when they offer differing opinions. She said her concern is that not all issues are being
addressed by the Council and she also stated she has concerns about the lobbying issue.
In response to CoChair Gray, Ms. Wilhelmi said she received a phone call advising her of her
removal. She did not receive a letter from the Governor.
Bradley Newman, representing self, testified that he is the Executive Director of Yavapai
Exceptional Industries. Even if Members vote to sunset the Council, the needs of the people and
strategies will still exist.
CoChair Gray announced that sunset hearings are mandated by law. Members of this Committee
must conduct a review of the Council and come up with recommendations to make
improvements.
In answer to Representative Campbell, Mr. Newman stated that Yavapai Exceptional Industries
is a nonprofit organization supporting adults in the community. Employment is the main focus.
Jill Ryan, representing self, said she is a member of the Governor's Council on Developmental
Disabilities and a parent advocate. She expressed concern with some of the issues facing the
Council, such as not allowing family advocacy. She maintained that groups should be fully
heard, e.g., the closing of the Coolidge facility. She is also concerned with the lack of direct
community input at meetings because public input is valuable. Everything is funneled to the
Executive Director and he in tum brings issues to the Council. She related that members are
often asked to vote at the last minute on issues that are not in writing without an explanation of
what they are voting on. She revealed that some of the issues involve big money. She said her
greatest concern is about the vote at the last meeting to remove a member. She stated that the
Governor's job is to appoint and remove members, and this function should not be something
Council members should vote on.
Karen Van Epps, representing self, stated that she has served as Chair and Vice Chair of the
Council in the past. In the past the Council was open to all views; however, that is sorely
mIssmg now. She believes that the Council is disconnected. People who cannot speak for
themselves are not being represented and this is an opportunity to fix that.
Lionel Delgado, representing self, advised that he is a member of the Council. The Council is
part of a national network and keeps in contact with other states. His position is that the Council
is doing its job. He asked Members to read the Council's Annual Report on its struggles and
achievements, give consideration to what everyone has said and continue the Council.
Pam Allen, representing self, related that she is not a member but has worked with the Council.
She said her experience with Franc Kahn is that he tries to follow the letter of the law. She
believes that the Council has moved forward in trying to make a better world, a more functional
world, for people with developmental disabilities. The Council has taken an active role, not as
lobbyists, but as advocates in asking for legislation to try to find a cost-effective way for the
State to move forward with issues facing the developmentally challenged population. She said
she wants the Council to continue.
Jon Hinz, representing self, stated that he is a former Executive Director of the Council and has a
30-year history with developmental disabilities. He divulged that he is the parent representative
who was removed from the Council. He received no advance notice or written documentation of
his violations. He also questioned the legal advice of his removal and many times has
questioned what the Council has done. He said the Council has many agendas; but
unfortunately, those agendas do not represent the entire DD community and those individuals are
totally disenfranchised. He disclosed that he did receive a call from the Governor's Office
asking for his opinion but to date has heard nothing further, and does not know whether he is still
a member of the Council. He said everyone should have their voice heard but that is not
happening now. He feels there definitely should be a Council; however, he questions the role of
this Council and its current leadership. He believes the Council needs major corrections if it is to
continue. He recommended extending the Council for one year, looking at its leadership and
mandating legal oversight.
Representative Campbell said it sounds like a structure problem. Mr. Hinz contended that the
rules have changed and that there is no structure in place. In addition, there are conflicts of
interest.
Persons in support of the Governor's Council on Developmental Disabilities who did not speak:
David Carey, representing self
Joe Bonanno, Executive Director, The Arc of Arizona
Cynthia Gafford, Executive Assistant, Governor's Council on Developmental Disabilities
Lacy Cansler, Legislative Liaison, Governor's Council on Developmental Disabilities
Recommendations by the Committee of Reference:
Representative Barto made the following draft recommendations:
1. The Council should find ways to increase interaction with the Developmentally Disabled
public on a regular basis including the following:
a. Structure Council meetings so members directly interact with the community
liaisons and the public.
b. Communicate proactively with local and statewide DO advocacy and service
organizations to encourage more public testimony at the Council meetings.
c. Discuss all legislative actions and ballot proposals impacting the DO community.
2. The council should have rules outlining a competitive bidding process for expenditures.
3. The Legislature should clarify the Council membership appointment and removal process.
4. The Legislature should clarify the lobbying guidelines of the Council.
5. The Council should adhere to meeting agendas and give members adequate notice of the
agenda.
6. The Legislature should consider adding members to the Council membership representing
the cognitive disabled community - equal representation as physically disabled.
7. The Legislature should clarify the Council's mission statement and align it with federal
guidelines.
8. The Legislature should designate an accountability entity for proper fiduciary and legal
oversight of the Council, such as the Attorney General.
9. The Council should receive open meeting laws training.
10. The Legislature should consider renaming the Council to the Arizona Council on
Developmental Disabilities.
Representative Barto moved that the Committee of Reference recommend that the
Legislature extend the Council's operations for one year with the draft recommendations
listed above.
Senator Soltero suggested that the Attorney General's Office assign a legal person to monitor the
Council's procedures, rules and regulations so that things are done legally. Representative
Campbell agreed. Senator Harper disagreed with assigning more staff from the AG's Office. He
believes the Council should sunset in 2009 and be reestablished in the next fiscal year.
CoChair Gray restated that the motion today is for a one-year continuance of the Council with
the recommendations made by Representative Barto and Senator Soltero. She reiterated that the
recommendation has to go before the full Legislature.
Representative Barto said she does not support Senator Harper's recommendation. She stated
that the Council has done a lot of good work and that their accomplishments should be
recognized.
Representative Bradley pointed out that some of the testimony given today was hearsay and he
would like the Director to comment.
Senator Soltero commented that this has a long way to go and there is ample time for rebuttal of
allegations.
Question was called on Representative Barto's motion. The motion carried by voice vote.
Presentation on the performance audit of the CPS Complaint Management Process by the
Office of the Auditor General:
Dan Hunt, Senior Auditor, Auditor General's Office (AG), reviewed a slide presentation on the
AG's performance audit of the CPS Complaint Management Process (Attachment 2). Mr. Hunt
read from prepared text explaining each slide (Attachment 3).
Senator Harper queried whether sunset audits are required by the Constitution or by statute.
Mr. Hunt said he was not sure.
Melanie Chesney, Director of the Performance Audit Division, Auditor General's Office, stated
that sunset reviews are statutorily required.
In response to Senator Harper, Ms. Chesney affirmed that sunset audits are sometimes requested
by the Joint Legislative Audit Committee
CoChair Gray asked where the complaint forms can be found on-line. Mr. Hunt advised that they
are on the Department's general website. He said he will get that information.
Response by the Department of Economic Security:
Gary Arnold, Department of Economic Security, Division of Children, Youth and Families
(CYF), responded to the complaint management performance audit. He said the Department has
agreed to implement all of the recommendations made in the audit. He updated Members on
what CYF has done to implement the recommendations:
• Clarify the complaint of policies and procedures.
• Prepare and develop comprehensive and detailed guidance for staff.
• Ensure that staff is informed of and following Division complaint-handling policies and
procedures.
• Complete implementation of an automated complaint tracking system to capture key
information.
• Review management reports from the tracking system to identify systemic problems and
take corrective action.
• Establish timeframes and procedures for reviewing the complaint process and correct
any deficiencies.
Public Testimony:
Representative Rick Murphy, representing self, advised that he and his wife have been foster
parents for about three and a half years. They currently have four foster children in their home
plus two adopted children. He said he is completely in favor of a tracking system for complaints
because he does not believe complaints are being well handled at this time. He related that he
has had major concerns on policy, infringements, etc., and said he could not come to an
agreement when he spoke to the case worker or the supervisor. He said he was completely
dissatisfied with their plans which he felt were detrimental to the children. He was never referred
to a formal grievance process or given any notice or documentation. CPS policy regarding
resolving conflicts refers to a conflict resolution conference. He was made aware of this process
just last week and he wondered how the average foster parent would know about this unless told
by the caseworker. In his opinion, there are many problems that are not being addressed. He
maintained that CPS is not informing foster parents what their rights are and what processes
might be in place to resolve concerns. In addition, he said he does not think the periodic reviews
should be limited to internal review by CPS staff. He said he does not feel there is adequate
accountability and thinks individuals outside of the agency should be privy to these reviews.
Mr. Arnold concurred with Representative Murphy that parents should be more fully informed
by staff.
Without objection, the meeting adjourned at 3:45 p.m.
Joanne Bell, Committee Secretary
January 6, 2009
(Original minutes, attachments and audio on file in the Chief Clerk's Office; video archives
available at http://www.azleg.gov)
ATTACHMENT3
Governor's Council
on Developmental Disabilities
Working Toward One Community for All Arizonans
September 12, 2008
Honorable Linda Gray
Arizona State Legislature
Capitol Complex, Senate Building
Phoenix, AZ 85007
Dear Senator Gray:
3839 N. Third Street, Ste. 306
Phoenix,AZ 85012
Telephone (602) 277-4986
Fax (602) 277-4454
TIY (602) 277-4949
Toll Free 1-866-771-9378
In complying with the request from your Committee regarding the sunset review
for the Governor's Council on Developmental Disabilities (Council/GCDD), I am
providing responses to the questions we were requested to answer. Attached are copies
of our organizational chart, most recent annual report, Council minutes and agendas for
the past five years, results of our recent Federal 2008 Audit-MTARS Report (fiscal &
programmatic), FY08 Federal Award letter, FY08 Statement of Revenue & Expenditures,
GCDD 2007-2011 five-year plan, GCDD Master 5-Year Planning Document,
Developmental Disabilities Council Annual Public Performance Report and a
recommendation letter from Arizona Department of Economic Security- Director Tracy
Wareing, for your review.
1. The objective and purpose in establishing the agency.
The Council is the State's designated body for planning and advocacy on behalf
of Arizonans with developmental disabilities. The Council consists of up to 25
members who are appointed by the Governor for no more than two 3-year terms.
According to A.R.S. 41-2452, the Council "is established to provide coordination
and planning in the field of developmental disabilities". Additionally, A.R.S. 41­2454
outlines the duties of the Council, including serving as a forum for
discussing issues, advising private sector and state government officials on
programs and policies, reviewing and making recommendations on Arizona
service plans, developing a Council plan, monitoring programs and services, and
coordinating the district advisory councils in the six planning districts.
1
These·district advisory councils are comprised of community volunteers, most of
whom are individuals with disabilities and their families. Other members include
local officials, service agency representatives and interested citizens. Previously
the Council contracted with entities statewide to staff the district advisory
councils. Since the last sunset review, the Council has phased out the contract
approach and has instead hired staff to help organize, coordinate and facilitate the
activities of the district advisory councils. The principal duties of the district
advisory councils are to assist the Council in carrying out objectives in its Five
Year Plan, support individuals with developmental disabilities in their efforts in
advocacy and increased quality of life, and assist the Council in identifying and
addressing systemic change activities regionally and statewide.
The federal law (P.L. 103-230) states: "the purpose of this part is to provide for
allotments to support State Developmental Disabilities Councils in each State to
promote, through systemic change, capacity building, and advocacy activities that
are consistent with the policy under section 101 (c) (2), the development of a
consumer and family-centered, comprehensive system and a coordinated array of
culturally competent services, supports, and other assistance designed to achieve
independence, productivity, integration, and inclusion into the community for
individuals with developmental disabilities."
The Federal government began offering assistance to states that had State
Planning Councils to serve as· advocates for persons with developmental
disabilities under the Developmental Disabilities Services and Facilities
Construction Act of 1970 (PL 91-517), which was later amended to become the
Developmentally Disabled Assistance and Bill of Rights Act of 1975 (PL 94­103).
Governor Bruce Babbitt established the Arizona Developmental Disabilities
Planning and Advocacy Council by Executive Order in 1978 in response to the
Federal legislation.
The Council was later statutorily established in 1983 and renamed as the
Governor's Council on Developmental Disabilities. The Council identifies unmet
needs for persons with developmental disabilities, develops a five-year State plan
that establishes and prioritizes goals, and funds projects to meet goals outlined in
the State plan.
2. The effectiveness with which the agency has met its objective and purpose
and the efficiency with which it has operated.
The Council has been quite successful in meeting its objectives in the areas of
advocacy, systems change, and capacity building over the years.
The Council measures its effectiveness through various methods, including public
input, staff and committee evaluations. Prior to the development of the current
2
Five Year Plan, the Council coordinated twenty six community forums, statewide,
to gain public input on priority concerns for individuals with developmental
disabilities and their families. The crafting of the Five Year Plan was driven
principally by public input. The review of the Five Year Plan is facilitated on a
yearly basis with an Annual Report published and dispatched to constituents and
stakeholders statewide, as well as to the Federal Administration on
Developmental Disabilities. These Annual Reports are available in alternative
formats upon request. The Five Year Plan goals and objectives are monitored by
the Council's staff on an ongoing basis and also by the Council's goal committees
(comprised of Governor-appointed members) every eight weeks, when committee
meetings are held.
Contracts associated with the Council's Five Year Plan are also monitored
similarly. Consumer satisfaction surveys and Five Year Plan feedback
solicitations occur ,a minimum of two times annually and provide a forum for
constituents to help guide the Council's efforts.
Contractors are paid upon receipt and review of monthly status reports, which
indicate the work they have completed. Contractors are also required to submit a
quarterly report and other pertinent documentation reflecting progress/outcomes
of performance related the general and selected objectives of the Scope of Work.
Site visits are conducted as often as is deemed necessary by the Council. During
such site visits, a Council member and the Contracts Manager review the
progress/outcomes related to the general and selected objectives as well as fiscal
records. The site visits may also include interviews with board members,
consumers, families and community agencies. Forms to measure specifics on each
site review are maintained by staff as well as documentation on timelines of
reports, audits, etc.
Contractors are required to submit quarterly reports to ensure that project
outcomes are occurring as stipulated. Payments to contractors are typically
disbursed once milestones for that time period have been demonstrably achieved.
Efficiency is measured by keeping close tabs on outcomes of priorities, Council
member involvement, staff productivity, input from our grassroots network and
total expenditures.
Systems change, advocacy and capacity building are sometimes difficult to
measure. The efficiency of getting the job done with a voluntary Council and a
small staff is seen in results of system change and benefits in the lives of
individuals with developmental disabilities and their families.
Systems change is usually a slow process and needs to be done as a collaborative
effort. Barriers, which slow up the process, include an unfavorable economic
3
climate and forecast, as well as the multi-faceted and complex needs of
constituents.
That having been said, the Council has worked rather effectively to develop an
increasingly influential advocacy network statewide and has helped to influence
systems change and public policy on the local and state level.
These efforts have yielded increases to special education funding, full funding for
vocational rehabilitation, expanded oral health coverage, as well as opportunities
for improvement in employment, housing and transportation for individuals with
developmental disabilities.
3. The extent to which the agency has operated within the public interest.
The "public" in terms of the Council are individuals with developmental
disabilities in the State of Arizona and their family members. The Council's five­year
plan goals, objectives and activities are derived from public interest input.
The current plan (2007-2011) goals are in the areas of education, employment,
housing, health care, transportation, community supports and quality assurance.
The intent of the implementation of these goals is. to facilitate quality of life
improvements for individuals with developmental disabilities, including but not
limited to maximal self-determination, integration and inclusion in all aspects of
society, as well as increasing coordination and efficacy of the service delivery
systems that individuals with developmental disabilities depend on.
The Council has instituted processes in order to obtain public/community interest
input. The Council adheres to open meeting laws and members of the public are
encouraged to attend and provide comments. The Council has also devised a
Community Input Form that is compiled by staff and summarized and presented
for discussion at meetings. Outreach efforts to inform the public of the input
processes are conducted through conference attendance, publications (quarterly
newsletters and annual reports), website accessibility and networking activities.
A brief listing of legislative bills the Council has successfully advocated on and
achieved include: increased funding for special education, full funding for
vocational rehabilitation programs, establishment of a preventative dental
coverage program for individuals with developmental disabilities and seniors,
successfully advocating against cuts to critical services during the legislative
budget negotiation process.
A brieflisting of some of the Council's recent projects include:
The Council is partnering with the Northern Arizona University/Institute for
Human Development, Arizona Center for Disability Law and Native American
Disability Law Center, to support self-advocate leaders, statewide to establish and
lead the Self Advocacy Coalition of Arizona, a group principally comprised of
4
and administered by individuals with developmental disabilities. Four regional
coordinators, one representing each of the partner organizations provide support
to self-advocates in targeted areas of the state. Regional Coordinators work with
self advocates to support existing groups, establish new self advocacy groups in
unservedlunderserved communities, and identify individuals with or without
disabilities interested in providing supports to self advocates.
Arizona State University, University College/Academic Community Engagement
Services is supporting the Council to implement the Youth in Transition
mentoring program. This program matches young women from the Arizona
Department of Juvenile Corrections Black Canyon School for Girls with mentors
from Arizona State University. This program provides young women with
developmental disabilities currently incarcerated in a juvenile correctional
facility, support and advocacy as they prepare for and transition back into their
home communities. During the facility phase, mentees and mentors meet on a
weekly basis to engage in relationship building, reentry planning, and portfolio
development. In the community phase, once the mentees are released, the
mentors and mentees continue to meet on a weekly basis to implement the goals
the young women have set in their reentry plans.
The University of Arizona- Sonoran University Center of Excellence on
Developmental Disabilities is assisting the Council to implement strategies to
support competitive employment of individuals with developmental disabilities.
These efforts include educating employers about best practice models developed
and currently used by national employers to recruit, hire and support the
employment of individuals with developmental disabilities in the workplace.
The University of Arizona- Sonoran University Center of Excellence on
Developmental Disabilities is assisting the Council's efforts to enhance the
capacity of the health care service system to provide competent, caring services to
individuals with developmental disabilities through the education and training of
120 medical students, 20 residents and 280 other health care professionals. The
education and training is carried out through the addition of a "Teaching Day for
Residents" focused on serving individuals with developmental disabilities; the
Inter-Professional Student Conference on Disability focused on developing skills
and identification of information needed by professionals to work in an
interdisciplinary team to address the service and support needs of individuals with
developmental disabilities; and the revision of the medical school "Life Cycle"
curriculum to incorporate information and education pertaining to and aimed at
creating a best practice model for serving individuals with developmental
disabilities.
Tri-City Partnership for Children and Families is supporting the Council to train
first responders on general disability awareness and provide information on how
to better support individuals with disabilities in emergency situations.
5
Tri-City Partnership for Children and Families in cooperation with local first
responders (law enforcement, fire and paramedic) has developed the First
Responder Smart Card Program (FRSCP). This program offers a registration
process, alerting first responders that there is a Smart Card on site and an
individual with a disability may be at the registered address. The information
pertaining to the registered address and provided by either the individual with a
disability, family member and/or provider notifies first responders ahead of time
that there is an individual with a disability at the address and that a Smart Card is
on site. A Smart Card is a 4X6 card printed in blue on one side and red on the
other side. The blue side was developed by law enforcement first responders and
contains information law enforcement officers require on the scene of a call for
service. Respectfully, the red side was developed by fire/paramedic first
responders and contains essential medical information critical when responding to
a call for service. In addition to the "Smart Card" itself, the FRSCP includes
training for first responders on general disability awareness and how to better
recognize and respond to an individual with a disability in an emergency
situation. Furthermore, the program provides training for community members
(i.e. individuals with disabilities, family members of individuals with disabilities
and providers) on appropriate instances to call first responders and the procedures
that occur once the call is initiated.
Pilot Parents of Southern Arizona is supporting the Council to train individuals
with disabilities and family members of individuals to be community leaders and
to affect systems and policy change at the local, state and national levels. The
Partners in Policymaking program ("Partners") is an innovative leadership
training program that teaches people to be community leaders, and to affect
systems and policy change at the local, state and national ievels. The nationally
based model program, coordinated and facilitated by Pilot Parents of Southern
Arizona, is targeted for individuals with disabilities and parents raising young or
school-aged children with a disability. Partners provides the most current
information and education about disability policy, the legislative process, and
local, state and national issues that affect individuals with disabilities. Pilot
Parents of Southern Arizona will support graduates of the Partners in
Policymaking program to attain membership on public and private bodies or
leadership coalitions.
The Department of Economic SecuritylDivision of Aging and Adult Services is
supporting the Council to implement a standardized direct support professional
curriculum and corresponding developmental disabilities training module to
further professionalize the field of direct support. In addition, the Department of
Economic SecuritylDivision of Aging and Adult Services will support the Council
to ensure that a minimum of twenty direct support professionals have completed
the core curriculum and developmental disabilities module and the creation of a
state adopted standardized training and curriculum.
6
The Department of Economic Security/Division of Aging and Adult Services is
supporting the Council to support the participation of individuals with
developmental disabilities in the planning and implementation of the Arizona
Aging and Disability Resource Center - Az Links. Az Links is Arizona's Aging
and Disability Resource Center (ADRC), which is a web-based clearinghouse
created to help Arizona seniors, people with disabilities, caregivers and family
members locate resources and services that meet their needs.
4. The extent to which rules adopted by the agency are consistent with the
legislative mandate.
This factor is not applicable to the Council due to the fact that the Council does
not promulgate rules and does not have rule-making authority.
5. The extent to which the agency has encouraged input from the public before
adopting its rules and the extent to which it has informed the public as to its
actions and their expected impact on the public.
This factor is not applicable to the Council due to the fact that the Council does
not have rule-making authority.
The Council does not promulgate rules, but is required to seek public input on its
Five Year plan. Accordingly, the Council utilizes various methods to solicit
input, including email and conventional mail dispatches, public forums and
special meetings.
6. The extent to which the agency has been able to investigate and resolve
complaints that are within its jurisdiction.
The enabling statute does not establish a formal complaint investigation and
resolution process. However, the Council has enacted two formal processes to
receive and address community concerns and complaints. A "Community Input
Form" was developed to obtain input from persons with disabilities, their family
members or other members of the public, regarding issues impacting the lives of
Arizonans with developmental disabilities. The respondent has an opportunity to
indicate areas of concern and suggestions for activities the Council can implement
to address the concerns. The Council staff contacts all respondents to allow for
more dialogue on the areas of concern. The forms are compiled for record
keeping and analysis. As necessary, reports are derived from these forms and
provided to the Council for information and action. Furthermore, the Council
mails out a "Consumer Satisfaction Survey" on an annual basis to gain feedback
from the community on the projects/programs the Council has implemented
within the last year.
With some measure of frequency, constituents do call our offices in search of
assistance in ameliorating their concerns. Council staff typically provides
7
information and referral services in such instances. Whereas patterns are
identified that imply potential systemic issues exist, staff and council members
work to craft strategies for redress.
Cases which require more intense involvement or legal services are referred to the
Arizona Center for Disability Law which is the designated Protection and
Advocacy agency of P.L. J 03-230. The Protection and Advocacy Agency is part
of the same federal law which establishes Governor's Councils and University
Affiliated programs. The three systems above are designed to provide planning
and advocacy, legal protections, and education and training for states. We have a
good working relationship with these agencies and believe it is an effective
system for Arizona. Quarterly meetings now occur between the administrative
heads of these agencies.
7. The extent to which the Attorney General or any other applicable agency of
state government has the authority to prosecute actions under the enabling
legislation.
This factor does not apply to the Council.
Violations, penalties and prosecution of actions are not provided for in the
Council statutes. Rather, the Council is a planning and advocacy body with an
autonomous role which functions within government and makes
recommendations to government agencies, the Governor and the Legislature on
issues affecting people with disabilities.
8. The extent to which the agency has addressed deficiencies in its enabling
statutes which prevent it from fulfilling its statutory mandate.
In the 2003 regular legislative session, the Council sought statutory changes to
bring A.R.S. 41-2451, 41-2452, and 41-2454 into compliance with the
Developmental Disabilities Assistance and Bill of Rights Act of 2000 (PL 106­402).
These changes included increasing membership from 23 to 25 people;
increasing percentage of members who are persons with developmental
disabilities or their relatives from 50% to 60%; correcting references to Federal
law; and adding a representative from the Social Security Administration to the
membership of the Council. The Council also recommended and received
statutory clarification that District Advisory Councils should not engage in any
activity that may compromise the Council's or a District Advisory Council's
ability to monitor compliance with quality assurance standards.
9. The extent to which changes are necessary in the laws of the agency to
adequately comply with the factors listed in this subsection.
Arizona Revised Statutes pertaining to the Council have not been amended to
concur with changes to federal statutes associated with the Council.
8
Specifically:
Subtitle B- Federal Assistance to State Developmental Disabilities Councils,
clearly states the intended activities Councils are expected to engage in with
regard to the federal monies they receive.
Arizona's state statutes must be brought into compliance by assimilating similar
language into A.R.S. 41-2451, 41-2452, and 41-2454.
Such change must incorporate language, for instance, that makes clear that the
Council is intended 'to engage in advocacy, capacity building, and systemic
change activities and contribute to a coordinated, consumer- andfamily-centered,
consumer- and family-directed, comprehensive system of community services,
individualized supports, and other forms of assistance that enable individuals
with developmental disabilities to exercise self-determination, be independent, be
productive, and be integrated and included in all facets of community life' (42
USC 15021 SEC. 121).
10. The extent to which the termination of the agency would significantly harm
the public health, safety or welfare.
The Governor's Council performs a critical function of planning, advocacy and
monitoring to protect the public health, safety and welfare of people with
developmental disabilities. Further, the Council is an unbiased advocate for
consumers and families in the field of developmental disabilities.
Without the Council in its advocacy and watchdog role, we believe there would
likely be fewer services and protections for people with developmental
disabilities. The federal grant of approximately $1,342,099 provides for tracking
and monitoring of all state policy and legislation affecting people with disabilities.
The Council's Legislative Update informs over 3,500 individuals, family
members and professionals of positive and/or negative effects of legislation for
grass roots awareness and education. The network of six district councils provides
for local grass roots linkages and a place for people to call with issues, concerns
and needs. An Annual Report of all Intermediate Care Facilities for the Mentally
Retarded is received by the Council to ensure all violations are followed
adequately.
Without monitoring and advocacy, the loss of this watchdog role would remove
necessary safeguards for people with disabilities and their families. The Councils'
autonomous role in advocating for funds for services is also very important. The
Council collaborates and builds awareness on policy issues, facilitates the
9
implementation of policy and plays a pivotal role in mediating differences and
building conSensus among the many agencies.
The community provider agencies are the only other strong entities advocating for
funding. The Arizona Association of Providers for People with Disabilities
(AAPPD) lobby on specific concerns affecting their provider group. Another
entity representing specific disabilities provides monitoring and advocacy (The
ARC). However, the Governor's Council is the only entity utilizing the broad
federal definition on developmental disabilities in their advocacy role, other than
the Center for Disability Law whose emphasis is on legal protection.
Termination of the Council would have several significant and problematic
consequences for Arizonans with developmental disabilities and their families.
The Council has developed a resource network for thousands of individuals with
disabilities. The Council is a recognized leader in the provision of advocacy,
information, and referral on a wide variety of issues. Terminating the Council
would create a noticeable void in this type of leadership. Second, through the
implementation of its five-year plan, the Council provides seed money to initiate
innovative demonstration projects to address the needs of persons with
developmental disabilities. Third, termination would mean that the State would
not draw down its allotted share in Federal funds for the Council, which is
$1,342,099 for Federal Fiscal Year 2009. Finally, if the State did not participate
in the Council program, it would be ineligible for funding under the Protection
and Advocacy and University Centers for Excellence in Developmental
Disabilities programs. The Arizona Center for Disability Law, the Institute for
Human Development at Northern Arizona University and the Sonoran University
Center of Excellence on Developmental Disabilities at the University of Arizona,
administer these programs respectively and bring into the state additional funding.
A primary requirement of the Developmental Disabilities Act is collaboration
among these entities. In order for the required collaboration to occur there must
be participants in all of these programs in the state.
11. The extent to which the level of regulation exercised by the agency is
appropriate and whether less or more stringent levels of regulation would be
appropriate.
The factor does not apply because the Council is not a regulatory body.
12. The extent to which the agency has used private contractors in the
performance of its duties and how effective use of private contractors could
be accomplished.
The Council is charged with implementing projects that will improve the lives of
individuals with developmental disabilities and their family members. With
respect to the use of private contractors, one of the primary responsibilities of the
Council is to solicit vendors qualified to assist with the implementation of
10
strategies leveraged to achieve the goals and objectives outlined in the five-year
plan.
More specifically, the Council's federal funding agency - US Department of
Health and Human Services, Administration for Children and Families,
Administration on Developmental Disabilities states that Councils may support
and conduct activities to promote interagency collaboration and coordination to
better serve, support, assist, or advocate for individuals with developmental
disabilities. In addition, Councils must identifY intennediaries and collaborators to
assist with the implementation ofthe objectives identified in their five-year plan.
In the past five years, the Council has contracted with several private entities, and
has awarded grants to minority, women-owned, and small businesses to achieve
its goals and objectives. Previous contractors who provided services to the
Council were not only successful in achieving the outcomes required, but were
also successful in providing the Council with a sustainability plan for the project
beyond the Councils funding.
The Council follows an orderly means for soliciting, reviewing and awarding
grant applications consistent with pertaining law and regulations, as well as the
targeted objectives in the State Plan.
Additional Questions:
1. Describe the role and function of the agency, including major
activities/projects, accomplishments and obstacles to success.
The Arizona Governor's Council on Developmental Disabilities is authorized by
the federal Developmental Disabilities Assistance Bill of Rights Act, originally
passed in 1970 and most recently reauthorized in 2000. The Council was
established originally by Executive Order in 1978 by then Governor, Bruce
Babbitt. Subsequent to the establishment of the Council by Executive Order, the
Council has been authorized under the Arizona Revised Statues 41-2451 through
41-2454.
The purpose of the Council is to fulfill its organizational mission in accordance
with federal mandates. The Council represents no single arm of government but
rather advocates for the interest of people with developmental disabilities. The
Council plans, develops, advocates for and fosters responsive public policy,
practices, and opportunities in the State to support people with developmental
disabilities and their families.
The Council utilizes a committee structure that reports to and is comprised of
members of the full Council. The Council's six committees include the
Leadership Development, Multicultural/Outreach Committee, Community
Supports, Education/Employment, Quality Assurance, and Administrative
11
Committees. The committee structure allows the Council members to address
emerging issues and develop outreach strategies to further improve the lives of
individuals with developmental disabilities. The Committees report back their
findings to the full Council for additional recommendations and response.
The Council has worked rather effectively to develop an increasingly influential
advocacy network statewide and has helped to influence systems change and
public policy on the local and state level.
These efforts have yielded increases to special education funding, full funding for
vocational rehabilitation, expanded oral health coverage, as well as opportunities
for improvement in employment, housing and transportation for individuals with
developmental disabilities.
Barriers, which slow up the process, include an unfavorable economic climate and
forecast, as well as societal attitudes about people with disabilities, which are
often mired in stereotypes that do not focus on an individual's ability and their
right to equal regard and consideration in all aspects of community living.
Through the Council's outreach, advocacy and education efforts, this troubling
dynamic appears to be improving.
A brieflisting (see below and attached Annual Report) of some of the Council's
recent and/or ongoing projects include:
Annually, the Governor's Council on Developmental Disabilities hosts a
Legislative Awareness Day at the State Capitol Complex. In 2008, the event
boasted the Council's largest attendance to date. Over 800 self advocates, family
members and advocacy organizations turned out from all comers of the state to
meet with legislators and to support the Council's public policy efforts.
The Council's Legislative Consortium, which includes individuals with
disabilities, meets year round and serves as a multi-stakeholder think tank to
support the Council's public policy initiatives. In addition to supporting the
Council in the areas of education & employment, the Consortium was
instrumental in assisting the Council to establish a preventative dental care
program for Arizona's long term care population.
The Council helped to establish the Arizona Disability Advocacy Coalition
(AzDAC), which is designed to coordinate advocacy efforts relative to public
policy and to promote systems change. AzDAC works in partnership with
individuals with disabilities, their families and community organizations in these
efforts. AzDAC membership includes: The Governor's Council on
Developmental Disabilities, The Arc of Arizona, Arizona Bridge to Independent
Living, Arizona Center for Disability Law, Arizona Chapter of the Paralyzed
Veterans of America, Arizona Commission for the Deaf and the Hard of Hearing,
DIRECT Center for Independence, Inc., The Mental Health Association of
12
Arizona, People First of Arizona, SMILE, Statewide Independent Living Council,
Arizona Council of the Blind, Inc., Arizona Technology Access Program
IHD/NAU, Behavioral Health/Consumers in Action, Epilepsy Foundation of
Arizona, Mental Health Advocates Coalition of AZ, Pilot Parents of Southern
Arizona, NAU Institute for Human Development Coalition for Family Support,
Self-Determination and Disability, Raising Special Kids and State Rehabilitation
Council.
The Council annually supports the AzDAC Legislative Training event. The
training is designed to help familiarize self advocates with the legislative process
by providing instruction on how a bill becomes a law, meeting with legislators,
principles of self advocacy, and current legislation impacting individuals with
disabilities.
The Council is partnering with the Northern Arizona University/Institute for
Human Development, Arizona Center for Disability Law and Native American
Disability Law Center, to support self-advocate leaders statewide to establish and
lead the Self Advocacy Coalition of Arizona, a group principally comprised of
and administered by individuals with developmental disabilities. Four regional
coordinators, one representing each of the partner organizations provide support
to self-advocates in targeted areas of the state. Regional Coordinators work with
self advocates to support existing groups, establish new self advocacy groups in
unserved/underserved communities, and identify individuals with or without
disabilities interested in providing supports to self advocates.
Arizona State University, University College/Academic Community Engagement
Services is supporting the Council to implement the Youth in Transition
mentoring program. This program matches young women from the Arizona
Department of Juvenile Corrections Black Canyon School for Girls with mentors
from Arizona State University. This program provides young women with
developmental disabilities currently incarcerated in a juvenile correctional
facility, support and advocacy as they prepare for and transition back into their
home communities. During the facility phase, mentees and mentors meet on a
weekly basis to engage in relationship building, reentry planning, and portfolio
development. In the community phase, once the mentees are released, the
mentors and mentees continue to meet on a weekly basis to implement the goals
the young women have set in their reentry plans.
The University of Arizona- Sonoran University Center of Excellence on
Developmental Disabilities is assisting the Council to implement strategies to
support competitive employment of individuals with developmental disabilities.
These efforts include educating employers about best practice models developed
and currently used by national employers to recruit, hire and support the
employment of individuals with developmental disabilities in the workplace.
13
The University of Arizona- Sonoran University Center of Excellence on
Developmental Disabilities is assisting the Council's efforts to enhance the
capacity of the health care service system to provide competent, caring services to
individuals with developmental disabilities through the education and training of
120 medical students, 20 residents and 280 other health care professionals. The
education and training is carried out through the addition of a "Teaching Day for
Residents" focused on serving individuals with developmental disabilities; the
Inter-Professional Student Conference on Disability focused on developing skills
and identification of information needed by professionals to work in an
interdisciplinary team to address the service and support needs of individuals with
developmental disabilities; and the revision of the medical school "Life Cycle"
curriculum to incorporate information and education pertaining to and aimed at
creating a best practice model for serving individuals with developmental
disabilities.
Tri-City Partnership for Children and Families is supporting the Council to train
first responders on general disability awareness and provide information on how
to better support individuals with disabilities in emergency situations.
Tri-City Partnership for Children and Families in cooperation with local first
responders (law enforcement, fire and paramedic) have developed the First
Responder Smart Card Program (FRSCP). This program offers a registration
process, alerting first responders that there is a Smart Card on site and an
individual with a disability may be at the registered address. The information
pertaining to the registered address and provided by either the individual with a
disability, family member and/or provider notifies first responders ahead of time
that there is an individual with a disability at the address and that a Smart Card is
on site. A Smart Card is a 4X6 card printed in blue on one side and red on the
other side. The blue side was developed by law enforcement first responders and
contains information law enforcement officers require on the scene of a call for
service. Respectfully, the red side was developed by fire/paramedic first
responders and contains essential medical information critical when responding to
a call for service. In addition to the "Smart Card" itself, the FRSCP includes
training for first responders on general disability awareness and how to better
recognize and respond to an individual with a disability in an emergency
situation. Furthermore, the program provides training for community members
(i.e. individuals with disabilities, family members of individuals with disabilities
and providers) on appropriate instances to call first responders and the procedures
that occur once the call is initiated.
Pilot Parents of Southern Arizona is supporting the Council to train individuals
with disabilities and family members of individuals to be community leaders and
to affect systems and policy change at the local, state and national levels. The
Partners in Policymaking program ("Partners") is an innovative leadership
training program that teaches people to be community leaders, and to affect
systems and policy change at the local, state and national levels. The nationally
based model program, coordinated and facilitated by Pilot Parents of Southern
14
Arizona, is targeted for individuals with disabilities and parents raising young or
school-aged children with a disability. Partners provides the most current
information and education about disability policy, the legislative process, and
local, state and national issues that affect individuals with disabilities. Pilot
Parents of Southern Arizona will support graduates of the Partners in
Policymaking program to attain membership on public and private bodies or
leadership coalitions.
The Department of Economic SecuritylDivision of Aging and Adult Services is
supporting the Council to implement a standardized direct support professional
curriculum and corresponding developmental disabilities training module to
further professionalize the field of direct support. In addition, the Department of
Economic SecuritylDivision of Aging and Adult Services will support the Council
to ensure that a minimum of twenty direct support professionals have completed
the core curriculum and developmental disabilities module and the creation of a
state adopted standardized training and curriculum.
The Department of Economic SecuritylDivision of Aging and Adult Services is
supporting the Council to support the participation of individuals with
developmental disabilities in the planning and implementation of the Arizona
Aging and Disability Resource Center - Az. Links. Az. Links is Arizona's Aging
and Disability Resource Center (ADRC), which is a web-based clearinghouse
created to help Arizona seniors, people with disabilities, caregivers and family
members locate resources and services that meet their needs.
2. Provide financial data, such as number of full-time employees, expenditures
and revenues and fee structure, if applicable.
Please reference the following attached documents to cull information regarding
the Council's financial information:
o FY08 Federal Award letter
o FY08 Statement of Revenue & Expenditures
With regard to staffing, the Council's employee data is presented below (please
also reference attached organizational chart:
Total Number of Positions: 13
Number of Full-time (1.0) Positions: 6
Number of Three Quarter (.75) time Positions: 2
Number of Half-time (.50) Positions: 4
Number of Vacant Half-time (.50) Positions: 1
The Council does not charge a fee for services and hence has no fee structure.
15
3. Identify the problem or the needs that the agency is intended to address.
In the 1970 reauthorization of the DD Act, the U.S. Congress recognized the need
for strengthening State efforts to coordinate and integrate services for individuals
with developmental disabilities. As a result, Congress established and authorized
funding for Developmental Disabilities Councils in each State and Territory. State
and Territorial Councils on Developmental Disabilities work to improve the
quality of supports and services for individuals with developmental disabilities
and their families.
Each state and territory has a Developmental Disabilities Council that functions to
increase the independence, productivity, inclusion, and community integration of
people with developmental disabilities. Council activities demonstrate new ideas
for enhancing people's lives through training activities, through community
education and support, by making information available to policy-makers, and by
eliminating barriers.
A key mission of Councils is to advise Governors and State agencies on issues
impacting the lives of individuals with developmental disabilities and the use of
available and potential resources to meet the needs of this constituency. Councils
engage in advocacy, build capacity and work to affect change and enhance
systems to contribute to a coordinated, consumer-directed and family-centered
array of community services, individualized supports and other forms of
assistance. Their work allows individuals with developmental disabilities to
exercise self-determination and live in their communities.
4. State, to the extent practicable, in quantitative and qualitative terms, the
objectives of the agency and its anticipated accomplishments.
The five-year plan is submitted to the governing Federal agency prior to its
implementation. The plan goals are general with corresponding objectives that
are measurable through time and performance targets. Projected performance
targets (a breakdown of the outcome numbers related to the measurable
component of each objective) for each year per each goal is noted. Plan
amendments are submitted to the Federal funding agency in August prior to the
upcoming Federal fiscal year.
Upon completion of each Federal fiscal year, the Council submits an Annual
Public Performance Report that identifies the activities implemented to achieve
the performance targets of the corresponding objectives. The accomplishment of
each goal is derived from the total performance targets from each objective within
the goal area (Refer to attached Five Year Plan for progress of the performance
targets per each objective).
For example, the education goal states, "All individuals with developmental
disabilities, from birth up to the age of 22, will have full access to a free and
appropriate public education which includes all of the supports necessary to allow
16
for equal participation in their community." One corresponding objective states,
"By 2011, 500 students with developmental disabilities, parents and/or family
members representing three unserved and underserved populations of the state
will utilize information they receive about their rights, responsibilities. and
protections under federal and state special education laws and regulations to
advocate for special education services and supports." The performance targets
(categories established by the Federal governing agency are underlined below)
that correspond with the intended outcomes of the implementation objective were
projected as follows:
-Students have the education and support they need to reach their educational
goals through Council efforts
Projected outcomes: 150 students by year five ofthe five-year plan
-Students trained regarding their educational rights
Projected outcomes: 200 students by year five of the five-year plan
-Parents or guardians trained regarding their child's educational rights
Projected outcomes: 300 family members of students by year five of the
five-year plan
-Education programs/policies created/improved regarding inclusive education
Projected outcomes: 5 education programs/policies by year five of the
five-year plan
The activity implemented to accomplish this objective will be through a
contract to provide special education advocacy training. The activity will be
reported on the Annual Public Performance Report and the performance targets
will be noted in the education performance targets section.
5. Identify any other agencies having similar, conflicting or duplicative
objectives, and an explanation of the manner in which the agency avoids
duplication or conflict with other such agencies.
Other State programs serving persons with developmental disabilities and their
families (ADE/Exceptional Student Services, :QES/Division of Developmental
Disabilities, etc.) may have their own advisory councils. However, the Governor's
Council on Developmental Disabilities is the only such entity in State statute with
representation from every State program (along with the Social Security
Administration) that serves these target populations. Accordingly, the Council is
uniquely positioned to operate across these agencies to perform such functions as
comprehensive systems planning and oversight, multi-agency coordination and
program implementation. In that representatives of these agencies are active
members, they are able to inform the Council if proposed activities to achieve
stated objectives are similar, conflicting or duplicative of objectives of other
agencies. This is invaluable in assisting the Council in crafting and implementing
goals and objectives. Finally, unlike other agencies in this vein, the Council is an
autonomous, impartial agency and as such, is uniquely able to advocate on behalf
ofArizonans with disabilities without the appearance ofconflict of interest.
17
6. Assess the consequences of eliminating the agency or of consolidating it with
another agency.
An assessment of the consequences of eliminating the Council has been covered
in the response to question# 10 above. By consolidating the Council with another
agency, the State would forfeit the ability to perform these critical functions.
Consolidation would also be inconsistent with the intent of the Developmental
Disabilities Assistance and Bill of Rights Act (P.L.I06-402), which requires that
the Council be able to function independently of other agencies. Consolidation
would also jeopardize the continuation of federal funding.
Please advise us if there is anything further that the committee needs from the
Council for our sunset review. I am available to answer questions or provide
information prior to the committee's meeting. I look forward to having the
opportunity to discuss the Council with you and committee members in person.
Franc Kahn
Executive Director
--------7
cc: Representative Peter Hershberger
Eden Rolland, House Human Services Analyst
18
ATTACHMENT4
Governor's Council on
Developmental Disabilities
Organizational Chart
Janet Napolitano
Governor of Arizona ... Council Members Tracy Wareing
Director ~ Department of Economic Security
" ~ ,.V Franc Kahn I executive Director
I Grade 23
Job Code: AUNOS144 Po'ilion Number. ADEOO6S26BHO I
(lacy Cansler, Legislative Liaison7'l
Cynthia Gafford, Executive AssistanU Laura Wilson, Planner III Executive Consultant
Contracts Manager Grade 21 Grade 20
Valeria Hili, Administrative Secretary III Grade 21 Sue Miller, Administrative SelVlces
Job Code: AUNOSOO4 Job COde: AUN04637
Grade 14 Job Code: AUNOSOO3 Officer I Position Number: ADEOOJ114AHN Position Number:
Job Code: AUNOSOOI ... Position Number: AOEOOJ118AHN .. Grade 19 ADEOOK972AHO
Position Number: AOEOQJ115AHN Job Code: AUNOSOO2
I Position Number: ADEOOJ117AHN
Teresa Moore, Self Advocacy Coalition Jason Geroux, Public Relations Director
Coordinator/Programs & Projeds Specialist II + Community liaison!
Grade 19 - Programs & Projects Specialist II ~
Job Code: AUN03411 Grade 19
Position Number: ADEOOJ116AHN Job Code: AUN03411
PosItion Number: ADFOOJ970AHN ..,
I I I I I
Vacant. Community Liaisonl Jay DashefskyI Community Uaisonl Helena Kalrnis. Community liaisonJ Shavon Desmond,.Community Uaisonl Dawn Meyers, Community Liaisonl
Program & Project Spectallst II Programs & Projects SpeciaUst II Programs & Projects Specialist II Programs & Projects Specialisl 1\ Programs & Projects Specialist II
Grade 19 Grade 19 Grade 19 Grade 19 Grade 19
Job Code AUN07315 Job Code: AUN07315 Job Code: AUN07315 Job Code: AUN03411 Job Code: AUN07315
Position Number: ADEOOK968AHN Position Number: ADEOOK965AHN Position Number: ADEOOK966AHN Position Number: ADEOOJ853AIN Position Number: ADEOOK967AHN
January 9, 2008
Federal Grant
Carry Over
Subtotal
Governor's Council on Developmental Disabilities
Statement of Revenue and Expenditures
Federal Fiscal Year 2008
Dollars Approved YTD Actuals
1,256,061
275,640 I 1,531,701 I
Remaining % Remaining
Personnel
Operating
Travel - Staff
Subtotal
224,192 198,156 26,036 12%
57,000 55,986 1,014 2%
13,000 12,361 639 5%
Employment BeslPractice Project (EM) 30,000 22,080 7,920 26%
Aging & Disability Resource Center - Staff (HE) 30,000 30,000 100%
Health Care Professional Training (HE) 30,000 9,626 20.374 68%
Direct Support Professional Training Curriculum (QA) 15,000 10,000 5,000 33%
Self Advocacy Coalition (QA) 223.576 119.586 103,990 47%
Self Advocacy Coalition Meeting Expense (QA) 30,000 22,279 7,721 26%
Secure Care Mentoring Project (CS) 67,500 56,506 10,994 16%
Smart Card Project (CS) 45,000 7,074 37.926 84%
Legislative Awareness Day Pre-Event Training (CR) 15,000 15,000 - 0%
Legislative Awareness Day Event (CR) 15,000 6,553 8,447 56%
Partners in Policymaking (CR) 25,000 20,152 4,848 19%
Council Outreach - Annual Report & Website (CR) 35,100 31,589 3,511 10%
Community Advisory Board Support (various) 15,000 6,895 8,105 54%
Self Advocate/Family Member Scholarships (various) 12,500 12,000 500 4%
Self Advocate TransportationSupport (TR) 5,000 336 4,664 93%
Self Advocate Leadership/Local Boards & Commissions Support (QA) 5,000 - 5.000 100%
Travel - Council Members (various) 40,000 36,563 3,437 9%
Project Expenses -- Personnel Time/Benefits (various) 446,013 416,563 29,450 7%
Project Expenses -- Operating (various) 67,200 58,672 8,528 13%
Subtotal I 1,151.889 851,474 300,415 26%
I Grand Total 1.531,701 1,446,081 1,117,977 328,104 23%1
HO - Housing
EM - Employment
CR - Cross Cutting
CS - Formal and Informal Community Supports
QA - Quality Assurance (Self-Advocacy)
HE - Health Care TR - Transportation
Above the Line
Below the Line
24%
76%
100%
Q/A/?OOA
Governor's Council on Developmental Disabilities
Statement of Revenue and Expenditures
Federal Fiscal Year 2009
Federal Grant
Carry Over
Subtotal
Dollars Approved
1,342,090
380,000 I 1,722,090 I
YTD Actuals Remaining % Remaining
Personnel
Operating
Travel - Staff
Subtotal
Self Advocacy Coalition (QA)
Special Education Training (ED)
Special Education Advocacy (ED)
Visitability Project Work Group (HO)
Dental Coverage Work Group (HE)
Employment Best Practices Trainings - (EM)
Emergency Management Planning (CS)
Disability Vote Advocacy Work Group (CR)
Partners in Policymaking (CR)
DO Suite Management (CR)
Legislative Awareness Day Pre-Event Training (CR)
Legislative Awareness Day Event (CR)
Council Outreach - Annual Report & Website (CR)
Self Advocate Transportation Advocacy Support (TR)
Self Advocate Leadership/Local Boards & Commissions Support (QA)
Community Advisory Board Support (various)
Self Advocate/Family Member Scholarships (various)
Travel - Council Members (various)
Project Expenses -- Personnel Time/Benefits (various)
Project Expenses -- Operating (various)
Subtotal
260,500 - 260,500 100%
75,000 - 75,000 100%
40,000 - 40,000 100% I 375,500 - 375,500 100%1
0%
200,000 - 200,000 100%
50,000 - 50,000 100%
100,000 - 100,000 100%
40,000 - 40,000 100%
10,000 - 10,000 100%
35,000 - 35,000 100%
25,000 - 25,000 100%
25,000 - 25,000 100%
25,000 - 25,000 100%
5,000 - 5,000 100%
15,000 - 15,000 100%
20,000 - 20,000 100%
98,000 - 98,000 100%
10,000 - 10,000 100%
10,000 - 10,000 100%
10,000 - 10,000 100%
17,500 - 17,500 100%
60,000 - 60,000 100%
457,802 - 457,802 100%
70,000 - 70,000 100% I 1,283,302 - 1,283,302 100%1
0%
23%
77%
100%
Above
Below
I Grand Total 1,722,090 1,658,802 - 1,658,802 100%1
Goal Area
HO - Housing CS - Formal & Informal Community Supports TR - Transportation
EM - Employment QA - Quality Assurance CR - Cross Cutting HE - Health
ED - Education
ATTACHMENT5
~ Governor's Council
on Developmental Disabilities
Five Year State Plan
2007-2011
Revised August 15,2008 1
Employment
Goal:
All individuals with developmental disabilities will have the choice to
acquire, retain and advance in paid employment with benefits
consistent with their interests, abilities, and needs, including
supported employment or self-employment, in integrated settings in
the community.
Objective 1) By 2011, 100 individuals with developmental disabilities
with the most significant barriers to employment will have jobs with
employers as a result of the implementation of best practices
Objective 2) As circumstances dictate, the Governor's Council on
Developmental Disabilities will advocate for the Rehabilitation Services
Administration, Vocational Rehabilitation program to receive the state
funding needed each year to access the full amount of federal funding
available to Arizona for employment supports and services
Revised August 15,2008 2
Education
Goal:
All individuals with developmental disabilities, from birth up to the
age of 22, will have full access to a free and appropriate public
education which includes all of the supports necessary to allow for
equal participation within their community.
Objective 1) Schools will receive the state funding needed each year
to provide special education services to students with developmental
disabilities
Objective 2) By 2011, 500 students with developmental disabilities,
parents and/or family members representing three unserved and
underserved populations of the state will utilize information they receive
about their rights, responsibilities and protections under federal and state
special education laws and regulations to advocate for special education
services and supports.
Revised August 15,2008 3
Housing
Goal:
All individuals with developmental disabilities will have unrestricted
opportunities and choice for inclusive community living.
Objective 1) By 2011, five single family home developers in Arizona,
including one developer that serves at least one unserved or underserved
community, will incorporate visitability and universal design concepts in
their planning and development efforts
Objective 2) By 2011, 1000 people with developmental disabilities
and/or their family members will be informed of and access Arizona's
affordable, accessible rental housing search services offered by
Socialserve
This objective has been partially completed.
Revised August 15, 2008 4
Health Care
Goal:
All individuals with developmental disabilities will
have access to and use of coordinated health, dental, behavioral
health and other human and social services, including prevention
activities, in their communities.
Objective 1) By 2011, all Medicaid-eligible ALTeS adults with
developmental disabilities will have access to preventative dental care
services
Objective 2) By 2009, individuals with developmental disabilities and
their family members, including those from unserved and underserved
communities, will be able to access, in one place, information about the
social services and other community resources for which they are eligible
This objective will be partially completed by September 30,2008.
Objective 3) By 2008,200 students graduating from Arizona medical
schools and health care professionals will have the information that they
need to provide services to individuals with developmental disabilities
This objective is scheduled to be completed by
September 30,2008.
Revised August 15, 2008 5
Transportation
Goal:
All individuals with developmental disabilities
will have choice and options for safe, affordable,
reliable and coordinated transportation services
for work, school, medical, and personal needs.
Objective 1) By 2011, 25 individuals with developmental disabilities
and family members, including 15 from unserved and underserved
communities, will be supported to actively participate in existing groups to
assess current transportation needs for people with developmental
disabilities and identify and implement solutions that address the needs of
individuals with developmental disabilities statewide
Revised August 15,2008 6
Quality Assurance
Goal:
The service system will be fully responsive to individuals with
developmental disabilities.
Objective 1) By 2011, the State of Arizona will develop and implement
a standardized training and curriculum for direct support professionals
serving people with developmental disabilities, which seeks to further
professionalize the field of direct support
Objective 2) By 2011, 500 individuals with developmental disabilities
and/or family members or guardians of individuals with developmental
disabilities will direct and have control over the individualized budget and
services that they receive from the Division of Developmental Disabilities
Objective 3) By 2010, the Self Advocacy Coalition of Arizona will be a
non-profit organization and independently financially sustained
Objective 4) By 2011, 50 people with developmental disabilities,
including individuals from unserved and underserved communities, will be
active participants in cross-disability and culturally diverse leadership
coalitions as well as locally-based boards and commissions, such as
housing boards and youth leadership coalitions
Objective 5) By 2011, the State of Arizona will ensure that day
treatment and training programs funded by the Division of Developmental
Disabilities are monitored for compliance with quality of life standards as
well as compliance with health and safety standards
Revised August 15,2008 7
Community Supports
Goal:
All individuals with developmental disabilities will be valued
participating members of their community and will have access to the
full range of community services and supports.
Objective 1) By 2011,50 individuals with developmental disabilities will
receive supports to transition out of secure care settings and will remain in
the community for a minimum of two years without re-offending
This objective will be partially completed by September 30, 2008.
Objective 2) By 2008, 500 first responders will have the information
that they need to support people with developmental disabilities in
emergency situations
This objective is scheduled to be completed by September 30,
2008.
Objective 3) By 2011, all people with developmental disabilities who
have the capacity to vote will be afforded the opportunity to do so
Objective 4) By 2011,200 people with developmental disabilities and
their family members will access an established full service network,
including legal professionals, that is qualified to provide the information and
support necessary to prepare for the life transitions that take place as
individuals age
Revised August 15,2008 8
Cross Cutting
Goal:
Members of the general public and policymakers, statewide, will be
educated about issues impacting the lives of individuals with
developmental disabilities and be informed about the Council's
initiatives.
Objective1) By 2011, 100 local, state and federal policymakers will be
educated about issues affecting the lives of individuals with developmental
disabilities and will be informed on the Council's initiatives
Objective 2) By 2011, 5,000 members of the general public, including
individuals from unserved and underserved communities or populations,
will be educated about the ways in which individuals with developmental
disabilities contribute to community life, issues affecting the lives of
individuals with developmental disabilities, and Council initiatives
The Council has many opportunities for members of the community
to participate in Council-sponsored projects. If you are interested in
participating in some of the projects mentioned, please contact the
Council office.
1-866-771-9378 (Voice)
602-277-4986 (Voice)
602-277-4949 (TTY)
602-277-4454 (Fax)
Revised August15, 2008 9
ATTACHMENT6
20
°7
ARIZONA GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITIES
ANNUAL
REP 0 R T
Letter from Chair
Dear Fellow Arizonans,
Iam very pleased to present this year's annual report.The Gove~or's'Council on Developmental Disabilities strives to shatter
the preconceived perception of people with develop~nentaldisabmtj~s,Weat the,Council truly believe that individuals with
developmental disabilities have the right to pursue their OVlm dreams ana desires. The Council continues to pursue new
and innovative projects including those that dearly d~monstratethat:
>People with developmental disabilities can organize and lead their ownorganization
>Providing information related to affordable and accessible housing options leads to greater independence
>Mentoring young people with often hidden disabilities provides them with the tools needed to succeed
In addition, the Council has become a very effective and respected advocacy organization both in Arizona and nationally.
We boldly advocate at the state and National level for poli~es that support people with disabilities in reaching their full potential.
It continues to be my honor to serve as CounciIChair.person,As a person with <isignificant disability, I recognize firsthand the
barriers and obstacles that people withdisabilities face on a daily basis. Ihave also had the unique opportunity as a Council
Member to advocate and affect change on tbeState and National level. Iencourage people who read this annual report to play
a more active role in disability advocacy.
The Council welcomes you as a partner in this noble endeavor. Itruly believe that ifwe all work together we can become
a stronger community for all Arizonans!
Letter from Director
Dear Friends and Colleagues,
Once again, the past year has proved to be a very successful one for uslRathetthan highlight those achievements in this letter,
I'd prefer to better acquaint you with our day-to-dayworkingphilosophy andvalues, and perhaps to solidtyour continued
partnership and meaningful involvement in our undertakings. It ismybeliefthat our past year's achievements will be evident
as you peruse this report further.
The Governor's Council on Developmental Disabilities is established for the principal purpose ()fensuring maximal
quality of life for people with disabilities. Accordingly,this is only possible with and by persons with disabilities, as principal
actors and partners in this endeavor. As such, ourtrajectory is always calibratedandgllided by the voice of people with
disabilities, first and foremost.
We are an organization of like-minded individuals, ofdiverse backgrounds and experiences, who are working to ensure that
people with disabilities are recognized as equal and important partners in an facets of societal life.
Our philosophy is simple. We hold as a basic and self-evident truththat we are one human family, of which, people with
disabilities are an important, meaningful, vibrant andheautiful part.
When we see "community," we see onecommunity.onehumanfdmily.
Please take another look at the cover of this publication.We wantedyou to see it too.
In the pages to foHow, you'H find information to assist you in finding out how you can join us in our efforts to
actuate our philosophy.
Iinvite you to stand with us and to become a part of our movement, for weare an stakeholders in this great work.
Together, we will aim to change the world, one person at a time.
1
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.for people wifhdevelopmento,ld;
Disabilities Assistance ,QndBi1JQ
adequate provision of$erlli<.es!otJ
statewide planning thq.fincorp ·
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·'oves all policy recommendations
.. '. lonal strudure and procedures
QversiSht of the Council
i4ingre<:otllmenliatiorlS to the Council
t{)jthe: «hirldl, colmll1i1:tee structure
3
> The six Community Advisory Boards (CAB) arecoiJ:lposed
of local self advocates, family me~bersoffndividuaJs\iVlth
developmental disabilities, and professionalsworkingln the,
field of developmental disabilities. ACouncil C!)mmlJ;ni:ty . '. ••
Liaison in each region provides support andcoo;di~atio;' .
to the local CAB. .' •.....•..... " .•...... *lhiCABS <lIsp assist with information and referral, and
> CABs support the Council's work in theareas:blfild strategic collaborations and partnerships within the
policy, self advClcafY, and s-Vear Planimplemfom. '. Aspecial emphasis is placed on outreach to
maintain a "finger on the pulse" of .1. .underserved populations.
identifying critical issues and'opport .
projects which are then hrou9hHo f
the Council.
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In an effort to enhance the partners~~~ntheCoundland the local community, the
Council hasformed Community AdtriJfr)'~r4s 4UheJm::allevel to assist the Council in
assessing the needs ofindividualswfthdevelopmenfal disabilities, providing information
& referral services, condurnngloc41 Clctivities in educClfion, employment, community
support and self-advocacy, and orga~9agrass~rootsadvocacy network to educate
state and local policymakers.
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Education and Employment 7
IN 2007, THE GOVERNOR'S COUNCIL ON DEVELOPMENTAL
DISABILITIES CONTINUED TO ADVOCATE AGGRESSIVELY AT THE
LEGISLATURE IN THESE TWO AREAS. ON AN ONGOING BASIS,
COUNCIL STAFF CONTINUES TO ADVOCATE FOR SYSTEMS
IMPROVEMENTS TO ENSURE THAT CHILDREN AND ADULTS WITH
DISABIlITIES ARE AFFORDED ACCESS TO AQUALITY EDUCATION AND
OPPORTUNITIES FOR COMPETITIVE, INTEGRATED EMPLOYMENT.
Through the communityforum process, people with disa.bilities and theirfa.mily
members underscored the importance ofeducation and employment, and indicated
that deficiencies in these areas should be addressed in the Council's s~Year Plan.
Toward that end, the Council has worked to address, through systems change advocacy
& public policy, strategies for improving. in these critical areas. In 200], through its
public policy efforts, the Council was successful in addressing shortfa11s infundingfor
special education and continued advocacyfor integrated & competitive employment
situations for people with disabilities.
B
9
> Instructor Training and Orientation: twoW#~hbps
were conducted in February and Aprit~o~7~:4 . .
attended the workshops, representing i
27 participants from 18 different ageTit:je
training on the Developmental Disabilities, '.. .
> Training of Direct Care Work~rs: It isthe i~te1"it()fth~ CATEt> - $15,000
give provider agencies the tools to om~r inO:~et' ". ....:;;~.~qfJNd~f:O:NDS.£XPENDfD ~. $13,541
staff. The curriculum is available to proVitleTsat'.hu:,ii>sti'a:na:- .?,
it can be adapted to the needs ofthe i:ndiv1du~t~gencY.ASot:.., .'.-:.:, ',::C . '," '. ,
September 30, 2007, seven agencies had,S ,~~).~Orts't)n'::;;:;>J, '~f~etnfj)t'ln;'~()n the Dir~ctSupport Professional Training
training activities with the cumculum!l'nC ... . >i~~;c i~,~-lilject; lllea£~~ont;icf;
using portions of the Oevelopmettta-l,:,-pi' 'J~o<.~>~"'-,'o-:3,:: ~ -. (", -":-~-,-~.
. .' .c· )\.l~a.(jlfi~lc\,jUlriGn@azd!!5.gov
";;;;:'~:;~+'_':::::M"I"9.ndAdU" S",""•
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This partnership seeks to fostff,tii:~faJilii:i,wI/JleJ1tt!Ter:fi:llTnvorkfoTce for home
and community-based long-te.j"'(~"'esertti'(;;~f~:A.,iJ~na.I'nstructional material
was developed to ed~cate direch$iiPl'Dit:~iI/l~~if~niilsb~;techniquesto better
support individuals Wjfhdisa"ilitiqS,'~tiil:.~~~~r~>~. ...... .'
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Coalition of AriZOna.
In 2007. the Council continued to cqnttaet with :theinifi,M~f61;' c·... :.', :.:: ..c, .. < •....
Human Development. Arizona Centerfor.{)'i~~bi.it~ytaW:~n'dNi~: •" >-;:tt?t.~t%t1,lfq~t\{)n,about the Self Advocacy Coalition
Native American Disability law CenteTt;slipFq~sel~4d~~t~"...• " :~f~fli:i:rii.<\;~oiitart: ;"
leaders in their efforts to establi!;h andleadtll~· .. ' ... ..
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Contract dollars facilitated the hir~o.ffw.l:r~g' ....,,'~'" /../~ .
designated to provide training and suppOrttoi:oaJjtii?n~.:.,.;·.: ... : <;; "~' ;•..... ;.
bUilding, goal setting! fundraisiTlfj,iai,d sirat~if::pf~~nf~9=·..;·,i.' ,,";. ":'i: ••• t;}·:~.: ..:...
'_~i;__ "
Regional Coordinators workM!ithselJ~tltJcate~. tO~4et¢iQpand/or support grassroots self
advocacy groups, particularlyi~y:J4eT~~-rv~dco~:r;~ijitJeS.· .
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c:QUNCIL FUNDS ALLOCATED - $26,992
COUNCIL FUNDS EXPENDED - $3,008
(Project implemented on June 18, 2007)
·lhisinitiative focused on two specific areas:
>. The' "Teaching Day for Residents" provided training to 25
. medical residents specializing in Family and Community
Me<iictne.The training included presentations by health care
profcessionals with expertise in developmental disabilities
. .as ,;yen as a panel of self-advocates and family members
addressing their experiences with the health care system.
> The "Inter-Professional Student Conference on Disability"
prOVided training to over 340 medical, pharmacy,
social work, public health and law students. Students
received an overview on disability history and culture,
and were provided an opportunity to address case
problems provided from testimonials from persons with
developmental disabilities and family members.
The project also involves other departments at theUniverslty
of Arizona including Department of Pediatrics, Disability
Resource Center and Colleges of Nursing, Pharmacy anet Pu})llc
Health. In addition, community memberswith disabilities ..
were involved in the planning and educational aspedsofthe
project, including utilizing individuals with disabilities and
family members as trainers.
The Governor's Couna1onDeYe1Qpmi!~~ifulibiIitie;isworking to enhance tile health care
system's capacity to provideco~mnn9 S(I/V;J;es to individuals with developmental
disabilities, through education and trainingojmedjeal students, residents and other health
care professionals.
The Council has contracted with the Sonoran University Center'·
of Excellence on Developmental Disabilities to accomplish . ...•
this objective. The project involves infusing Information and
training on developmental disabilities into the UfeCyde.·
curriculum, and developing interprofessional conferences on
disability, as well as teaching family medicine residents about.
disability care.
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AZ Links Disability Resource 13
COUN(fl FUNDS AllOCATED - $30,000
COUNCIL fUNDSJ;XPENDED - $694
(Two Year ProjectThrough September 30, 2008)
> For more Information visit www.azlinks.gov
or contact Allie Masters at amasters@azdes.gov
Dept. uf Economic Security, Division of Aging and Adult Services,
1789 W.Jefferson, Site Code 950 A, Phoenix AZ 85007
602.542.4446
future Plans:
) FOcus groups will be held statewide to assist with
systems improvements
) Establishment of AZ Links Partnerships and rollout
of AZ links long-term support services in three
additional geographic areas.
) WorK to implement a Common Intake Form to be
.used by all agencies for intake and referral
) Apublicity campaign emphasizing the benefits of
using the AZ linKs website
Aself.help web portal
Area Agency on Aging
) Division of Developmental Disabilities
> Center for Independent living
') Arizona Health Care Cost Containment System/Arizona
tong Term Care
) Cross-training
>Collateral and training materials
} Opportunities to participate on state and local committees
Providing materials in alternative formats
.Specifically, the Council supported the AZ links ParmeTShip through:
, Funding for focus groups
The Governor's Council on Developmental Disabilities partnered with the Department
ifEconomic Security/Division ofAging and Adult Services to enhance the participation
ofindividuals with developmental disabilities in the planning and implementation
ofAZ Links - Arizona Aging and Disability Resource Center.AZ Links is a web-based
learinghouse created to help people with disabilities, seniors, caregivers andfamily
embers locate resources and services that meet their needs.
) Boy Scouts of America
) Grand Canyon Council
) Catholic Charities
Partners:
) Arizona Department of Juvenile Corrections
) Girl SCCluts Arizona Cactus-Pine Council
Asaresul~ of the project's success, a total of five additional
communities have expressed their interest in replicating
aspects ofthe program in their areas.
In 2007, the project served a total of 15 young WClTJ1en. Since
receiving initial funding from the Councihn 2005; the program
has served a total of 45 young women.ThisprogramprClvides
young women with disabilities with support as they prepare
for transition back into their home communities. While
incarcerated, mentees and mentors meet on a weekly basis to
engage in relationship building, life skills development. and
re-entry planning. Upon release, the mentors and mentees
continue to meet on a weekly basis to implement the goals
that the young women have set in their re-entry plans.
The Governor's Council on Developmental Disabilities partnered with the Office of
Academic Community Engagement Services at Arizona State University to support youth
with disabilities during their tra.nsition out ofcorrectional settings through the Youth in
Transition mentoring program.
·4 Secure Care Mentoring Projects
To date, 37 have been released from correctional settings to
the community. Of those 37,12 young women (32%) have not
been re-incarcerated. Of the young women who returned to
correctional settings, 70% returned for technical violations and
not for new charges or crimes.
.COUNCIL FUNDS ALLOCATED - $83,817
COUNCIL FUNDS EXPENDED - $83,817
) For more information about the Youth in Transition Program, contact:
Katie Barclay Penkoff at 602.400.8993 or e-mail at katieb@asu.edu
First Responder Smart Card Program
First Re·sponde·rs Smart Card Program
..'..,. ""~4ttl~e lYi.(:ityPaf1tnel"Snip website at www.tricitypartnership.org
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Aritona Disability Ad
The Council is a member;
(AzDAC), which is designe.;. '
to public policy and to prq,
partnership with inaiv1d'
community organizaVons.
AzDAC membeTShipltlt;l
Developmental Disabiliti
IndependenttMng, Art.
Chapter of the Paralyzed·
17
Financials
Employment
$101,069
General Management
$281,000
Community Support
$193,159
Total Programs & Projects
$981 ,572
Education
$94,301
Health
$104,817
Total Expenditures
$1,263,460
'I
Future Council Projects 19
>:":":'>';":'-:",',:';,','::-.: -
The Governor's Councilon Tkvelopmeittilttl. .lint/ldel 16 t1fthe 21 objectives in
the FY 2007-2017 5-Year Plan dUrlngJisca:l;ar~ix>i ."....'.
followlng are a few highlights ofcurrent OT upcoming';
activities and projects:
) facilitating regional employment;ympoS1UTnSinCollagtoworkwith first responders and
with community partners to train employers on beSt ;n'lanagement planning agencies in their
for supporting individuals with disabilities iTifheWo ". . pport i~iv1duals with disabilities
::~:~::~~~~~::I:~::;::;:t::t:~:::~~r:ori~iyi44a\S, ·.···)~O centiintaTIyitnprove the Council's website to
. .. enScure that its content is responsive to the needs
>Supporting individuals with disabilities and their ~ .•~. " .nrtdi'vjdualswith disabilities & their families
join culturally diverse and cross.disabintYlead~rsh showcasing maximum accessibility
as well as locally based boards and commissions as am
influencing systems change
) ContinUing to expand the number of affordable,
rental housing listings available at Socialserve.com, ..'
, ContinUing to support the Self Advo·ca{':j C:oaHtiiqn.cif
in its efforts to become a sustainable rion-snpfifQrfJarri2
) Working to ensure that all Ariizo-nalhs Jwith {lis,lbilitiesanL <....
afforded the opportunity to vote
21