Section R9-21-105. Human Rights Committees

A.       According to A.R.S. §§ 41-3803 and 41-3804, the Department shall establish human rights committees to provide indepen- dent oversight to ensure that the rights of clients and enrolled children are protected. The Department shall establish at least one human rights committee for each region and the Arizona State Hospital. Upon the establishment of a human rights com-

mittee, if more than 2,500 clients reside within a region, the Department shall establish additional human rights commit- tees until there is one human rights committee for each 2,500 clients in a region.

B.       Each human rights committee shall be composed of at least seven and not more than 15 members. At least two members of the committee shall be clients or former clients, at least two members shall be relatives of clients, two members shall be parents of enrolled children and at least three members shall have expertise in one of the following areas: psychology, law, medicine, education, special education, social work, or behav- ioral health services.

C.       The director shall appoint the initial members to each regional committee and the human rights committee for the Arizona State Hospital. The  Director shall appoint members to fill vacancies on a human rights committee, subject to the approval of the committee.

D.       Each committee shall meet at least four times each year. Within three months of its formation, each committee shall establish written guidelines governing the committee’s opera- tions. These guidelines shall be consistent with A.R.S. §§ 41- 3803 and 41-3804. The adoption and amendment of the com- mittee’s guidelines shall be by a majority vote of the commit- tee and shall be submitted to the Director for approval.

E.       No employee of or individual under contract with the Depart- ment, regional authority, or service provider may be a voting member of a committee.

F.       If a member of a human rights committee or the human rights committee determines that a member has a conflict of interest regarding an agenda item, the member shall refrain from:

1.        Participating in a discussion regarding the agenda item, and

2.        Voting on the agenda item.

G.      Each committee shall, within its respective jurisdiction, pro- vide independent oversight and review of:

1.        Allegations of illegal, dangerous, or inhumane treatment of clients and enrolled children;

2.        Reports filed with the committee under R9-21-203 and R9-21-204 concerning the use of seclusion, restraint, abuse, neglect, exploitation, mistreatment, accidents, or injuries;

3.        The provision of services to clients identified under R9- 21-301 in need of special assistance

4.        Violations of rights of clients and enrolled children and conditions requiring investigation under Article 4 of this Chapter;

5.        Research in the field of mental health according to A.R.S.

§ 41-3804(E)(2); and

6.        Any other issue affecting the human rights of clients and enrolled children.

H.      Within its jurisdiction, each human rights committee shall, for a client who needs special assistance, and may, for other cli- ents and enrolled children:

1.        Make regular site visits to residential environments;

2.        Meet with the client, including a client who needs special assistance, in residential environments to determine satis- faction of the clients with the residential environments; and

3.        Inspect client records, including client records for clients who need special assistance, except as prohibited by fed- eral or state law and a client’s right to privacy.

I.         A committee may request the services of a consultant or staff person to advise the committee on specific issues. The cost of the consultant or staff person shall be assumed by the Depart- ment or regional authority subject to the availability of funds specifically allocated for that purpose. A consultant or staff

person may, in the sole discretion of the committee, be a mem- ber of another committee or an employee of the Department, regional authority, or service provider. No committee consult- ant or staff person shall vote or otherwise direct the commit- tee’s decisions.

J.        Committee members and committee consultants and staff per- sons shall have access to client records according to A.R.S. §§ 36-509(13) and 41-3804(I). If a human rights committee’s request for information or records is denied, the committee may request a review of the decision to deny the request according to A.R.S. § 41-3804(J). Nothing in this rule shall be construed to require the disclosure of records or information to the extent that such information is protected by A.R.S. § 36- 445 et seq.

K.       On the first day of the months of January, April, July, and October of each year, each committee shall issue a quarterly report summarizing its activities for the prior quarter, includ- ing any written objections to the Director according to A.R.S.

§ 41-3804(F), and make any recommendations for changes it believes the Department or regional authorities should imple- ment. In addition, the committee may, as it deems appropriate, issue reports on specific problems or violations of client’s rights. The report of a regional committee shall be delivered to the regional authority and the Division.

L.       The Department shall provide training and support to human rights committees.

M.      A human rights committee may request:

1.        An investigation for a client according to Article 4 of this Chapter, or

2.        A regional authority or the Arizona State Hospital, as applicable, to conduct an investigation for an enrolled child.

N.       The regional authority or the Arizona State Hospital, as appli- cable, when requested by a human rights committee, shall con- duct an investigation concerning:

1.        A client as provided in Article 4 of this Chapter, and

2.        An enrolled child.

O.      A human rights committee shall submit an annual report of the human rights committee’s activities and recommendations to the Director at the end of each calendar year according to

A.R.S. § 41-3804(G).

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Former Section R9-21-105 renumbered to R9-21-104; new Section R9-21-105 renumbered from

R9-21-106 and amended by exempt rulemaking at 9

A.A.R. 3296, effective June 30, 2003 (Supp. 03-2).