Arizona Revised Statutes Title 46 - Welfare

Chapter 1 ADMINISTRATIVE AGENCIES AND OFFICERS
Article 1 Definitions

• § 46-101 Definitions
  In this title, unless the context otherwise requires: 1. " Aid to families with dependent children" means assistance granted under section 403 of title...

Article 3 State Department of Public Welfare

• § 46-132 Special Services Unit
  A. There shall be a special services unit in the department of economic security. B. The supervisor of the special services unit shall be...
• § 46-132.01 Depositions; Attendance Of Witnesses; Production Of Papers
  In the discharge of the duties imposed by section 46-132, the supervisor of the special services unit or a duly authorized representative of the...
• § 46-133 Duties Of Attorney General
  A. The attorney general shall be the legal adviser of the department. B. The attorney general shall prosecute and defend in the name of...
• § 46-134 Powers And Duties; Expenditure; Limitation
  The state department shall: 1. Administer all forms of public relief and assistance except those that by law are administered by other departments, agencies...
• § 46-135 Power To Promulgate Rules Concerning Confidential Nature Of Records
  The state department shall establish such reasonable regulations as it deems necessary to protect confidential information. In no event shall the names of any...
• § 46-136 Powers Of State Department Regarding Work Projects For Unemployed Persons
  A. The state department may institute work projects for the employment of needy unemployed persons being granted public assistance. The nature of the work...
• § 46-137 Administrative Expenses
  A. Administrative expenses shall be paid from funds made available for that purpose by the legislature or by the federal government or any of...
• § 46-138 Expenditures For Public Welfare
  The total amount which may be expended in any fiscal year by the state department for each of the objects and purposes provided by...
• § 46-138.01 Public Assistance And Administration Revolving Fund
  A. There is created the permanent public assistance and administration revolving fund in the amount of four hundred thousand dollars for use of the...
• § 46-138.02 Duplicate Checks; Notice; Form And Effect
  A. When it appears to the satisfaction of the director of the department of economic security by affidavit or otherwise that any check drawn...
• § 46-140 Duty Of Employees To Report Violations; Penalties For Failure To Do So
  A. When a person employed under this title interviews or consults an applicant for or recipient of assistance or services authorized by this title,...
• § 46-140.01 Verifying Applicants For Public Benefits; Violation; Classification; Citizen Suits
  (Caution: 1998 Prop. 105 applies.) A. An agency of this state and all of its political subdivisions, including local governments, that are responsible for...
• § 46-141 Criminal Record Information Checks; Fingerprinting Employees And Applicants; Definition
  A. Each license granted by the department of economic security or the department of child safety and each contract entered into between the department...

Article 4 Out-of-Wedlock Pregnancy Prevention

• § 46-151 Department Of Health Services; Out-Of-wedlock Pregnancies; Goals
  A. The director of the department of health services shall develop standards and procedures to decrease the number of out-of-wedlock pregnancies and births, without...

Article 6 Lifespan Respite Care Program

• § 46-171 Definitions
  In this article, unless the context otherwise requires: 1. " Lifespan respite care" means a coordinated system of accessible, community-based respite care services for...
• § 46-172 Lifespan Respite Care Program; Program Termination
  A. The department shall establish a lifespan respite care program. B. The lifespan respite care program shall: 1. Establish a respite program for primary...
• § 46-173 Lifespan Respite Care Advisory Committee
  The department shall establish a lifespan respite care advisory committee that includes family caregivers and respite care providers to advise the lifespan respite care...

Article 7 Section on Aging

• § 46-181 Section On Aging
  There is a section on aging in the department of economic security.
• § 46-182 Section Powers And Duties; Costs
  The section, in carrying out the provisions of the older Americans act of 1965, Public Law 89-73, as amended, shall: 1. Cooperate with the...
• § 46-183 Advisory Council On Aging; Members; Appointment; Terms; Compensation; Officers; Subcommittee
  A. There shall be an advisory council on aging. B. The advisory council on aging shall be composed of fifteen members appointed by the...
• § 46-184 Advisory Council Duties
  A. The advisory council shall advise all state departments which the council deems necessary on all matters and issues relating to aging, including administration...

Article 8 Arizona Older Americans Act-Nonmedical Home and Community Based Care Services

• § 46-191 Definitions
  In this article, unless the context otherwise requires: 1. " Adult day care" or " adult day health" means services which provide adults with...
• § 46-192 Identification Of Services
  A. The department, in conjunction with other state and local government agencies and community organizations and agencies, shall identify those services provided by state...
• § 46-193 Respite Care For Care Givers Of The Elderly Program; Definition
  The department shall develop and implement a statewide program to provide respite care for care givers of the elderly. The department shall establish guidelines...

Chapter 2 ASSISTANCE
Article 1 Procedure to Claim Assistance

• § 46-201 Application For Assistance; Notice Of Penalties
  A. Application for any form of assistance or service under this title shall be made to a department in this state as specified by...
• § 46-202 Rules
  The director shall adopt rules with respect to the time in which a recipient must notify the department of a change in circumstances affecting...
• § 46-203 Investigation Of Application; Witnesses; Financial Institutions
  A. When the department receives an application for assistance or service under this title, an investigation and record of the application shall promptly be...
• § 46-204 Granting Of Assistance; Notice To Applicant; Award; Certification To Department Of Administration; Reimbursement
  A. Upon completion of an investigation the local office of the department shall decide, according to the policies and rules of the state department,...
• § 46-205 Appeal To State Department From Denial Of Application Or Failure Of The Local Office To Act; Consideration By State Department On Own Motion
  A. If the local office of the department does not act with reasonable promptness on an application, or if the application is denied wholly...
• § 46-206 Payment Of Assistance; Authority Of Department Of Administration; Limitation Upon Payment From State Funds; Methods Of Payment
  A. When an assistance award is made, the certification to the department of administration provided for by section 46-204 shall, until modified, suspended or...
• § 46-207 Grant Plus Income; Uniform Assistance Plan; Amount Of Assistance
  A. In no event shall assistance paid any recipient under this title be an amount which, when added to income from all other sources,...
• § 46-207.01 Temporary Assistance For Needy Families; Amount Of Cash Assistance
  Cash assistance paid to any recipient pursuant to section 46-292, which when added to nonexempt income from all other sources, shall not be less...
• § 46-208 Nontransferability And Nonassignability Of Assistance; Exemption From Process
  Assistance granted under this title is not transferable or assignable at law or in equity, and none of the money paid or payable under...
• § 46-209 Residence In State After Assistance Granted; Basis For Discontinuance Of Payments To Recipients Of Assistance
  A. Any recipient of assistance granted under this title, except temporary assistance for needy families, desiring to reside outside the state for a period...
• § 46-210 Effect On Domicile Of Absence While In Military Service
  Absence while in the military service of the state or the United States shall not be deemed to interrupt residence in this state as...
• § 46-211 Periodic Reconsideration And Change In Amount Of Assistance
  A. All assistance or service grants made under this title shall be reconsidered by the state department as frequently as required by the rules...
• § 46-212 Assistance Subject To Amendment Of Law
  All assistance or service granted under this title shall be deemed granted and held subject to any law amending or repealing any provision of...
• § 46-213 Duty Of Recipient To Notify Department Of Change In Status; Recovery Of Excess Assistance Paid; Violation; Classification
  A. If at any time while receiving assistance the recipient of such assistance knowingly acquires any property or receives any increase in income or...
• § 46-214 Fee For Representing Applicant Or Recipient In Civil Proceeding Under Article Prohibited
  No person shall charge or receive any fee for representing an applicant for or recipient of assistance or service in any proceedings under this...
• § 46-215 Welfare Fraud; Program Disqualification; Classification
  A. A person commits welfare fraud if the person knowingly obtains by means of a false statement or representation, by impersonation or by other...
• § 46-216 Violation; Classification
  A person violating a provision of this title for which no penalty is specifically provided is guilty of a class 3 misdemeanor.
• § 46-217 Finger Imaging Program; Temporary Assistance To Needy Families
  A. The department shall establish a finger imaging program for the temporary assistance for needy families program. B. As a control to prevent multiple...
• § 46-218 Finger Imaging Program; Supplemental Nutrition Assistance
  A. The department shall establish a finger imaging program for the supplemental nutrition assistance program pursuant to 7 United States Code section 2011. B....

Article 2.1 Short-Term Crisis Services

• § 46-241 Definitions
  In this article, unless the context otherwise requires: 1. " Agent" means a community based organization that is contracted by the department to take...
• § 46-241.01 Short-Term Crisis Services
  The department, through its agent, shall administer short-term crisis services. Short-term crisis services include: 1. Emergency shelter to eligible persons. 2. Rent or mortgage...
• § 46-241.02 Eligibility For Short-Term Crisis Services
  To qualify for short-term crisis services, an applicant shall prove that the applicant meets all of the following requirements: 1. The applicant is a...
• § 46-241.03 Appeals; Hearings
  A decision denying, reducing or terminating short-term crisis services is appealable pursuant to title 41, chapter 6, article 6 and title 41, chapter 14.
• § 46-241.04 Ineligibility For Short-Term Crisis Services
  The department or its agent shall not provide short-term crisis services to or on behalf of an applicant who: 1. Has refused employment or...
• § 46-241.05 Method Of Payment
  A. The department or its agent shall provide short-term crisis services to alleviate or prevent homelessness through payments to either of the following: 1....

Article 2.2 Domestic Violence Victims

• § 46-244 Victims Of Domestic Violence; Identification; Referrals; Waiver
  The department or its agent shall identify individuals who are victims of domestic violence at the time of application for or during the receipt...

Article 3 Supplemental Payment Programs

• § 46-251 Mandatory State Supplemental Payments Program
  A. The mandatory state supplemental payments program provided for in this section may be administered directly by the department, or by the federal government...
• § 46-253 Ineligibility
  No payment shall be made under this article to or on behalf of any individual who is not a resident of the state of...

Article 5 Temporary Assistance for Needy Families

• § 46-291 Administration And Notice; Expenditure Limitation; Locating Deserting Parents And Assets; Violation; Classification
  A. Cash assistance shall be administered by the department of economic security subject to chapter 1 of this title and article 1 of this...
• § 46-292 Eligibility For Assistance
  A. A family without a dependent child in the household may not receive cash assistance. B. Cash assistance may be given under this title...
• § 46-293 Ineligibility For Other Public Assistance
  A person receiving assistance under this article shall not at the same time receive any other public assistance under this title except by authorization...
• § 46-294 Duration Of Assistance
  (L11, Ch. 32, sec. 1. Eff. until 7/1/16) A. A needy family is ineligible for a cash assistance grant awarded under this article, except...
• § 46-294; Version 2 Duration Of Assistance
  (L15, Ch. 18, sec. 3. Eff. 7/1/16) A. A needy family is ineligible for a cash assistance grant awarded under this article, except in...
• § 46-295 Recovery Of Public Assistance From Legally Responsible Persons; Fund
  A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to...
• § 46-296 Eligibility For Assistance; Unwed Minor Parents
  A. Except as provided in subsection B, an assistance unit headed by an unmarried person under eighteen years of age is not eligible for...
• § 46-297 Electronic Benefit Transfers; Prohibitions; Penalties; Definitions
  A. A head of household who receives cash assistance pursuant to this section, or on behalf of another person, and any person authorized by...
• § 46-298 Diversion From Long-Term Assistance; Report; Definition
  A. At the time an applicant's employability is assessed during the initial application for assistance, the department shall determine whether the applicant should be...
• § 46-299 Jobs Program; Definition
  A. As a condition of eligibility or continuing eligibility for cash assistance, all recipients shall engage in work activities that are established in this...
• § 46-300 Sanctions
  A. The department shall impose a series of graduated sanctions as described in subsection C of this section for any noncompliance with: 1. The...
• § 46-300.01 Jobs Program; Privatization; Definitions
  A. The department shall begin preparing a request for proposals for privatization throughout this state for case management and employment services necessary to operate...
• § 46-300.02 Orders To Seek Employment; Persons Owing Child Support
  If the court determines that an obligor is delinquent in paying support, the court may issue an order requiring the obligor to: 1. Pay...
• § 46-300.03 Individual Development Accounts; Definition
  A. A financial instrument known as an individual development account is established. An individual development account shall be in the name of an individual...
• § 46-300.04 Perinatal Substance Abuse Treatment And Services
  A. With monies appropriated for temporary assistance for needy families the department of economic security shall provide funding to the department of health services...
• § 46-300.05 Substance Abuse Treatment
  A. The department of economic security may provide monies appropriated for temporary assistance for needy families to the department of child safety to provide...
• § 46-300.06 Food Bank Assistance For Welfare To Work And Low Income Families Program
  The department shall develop and implement a statewide program to provide food assistance through food banks for welfare to work and low income families...

Article 5.1 Choice of Practitioner in Eye Care Services

• § 46-301 Definitions
  In this article, unless the context otherwise requires: 1. " Person aggrieved" means any person who has not been permitted freedom of choice of...
• § 46-302 Selection Of Practitioner
  Any person entitled to receive eye care under any program supported by funds of the state or any political subdivision thereof, shall have full...
• § 46-303 Violation; Injunction
  A. No person working in any program supported by state funds nor any state agency or agency of any political subdivision thereof, or any...

Article 6 Conformity

• § 46-311 Conformity With Federal Legislation
  Where any conflict with the federal vocational rehabilitation act, the federal Randolph-Sheppard act, or the federal social security act shall occur in this title,...

Article 7 Child Care Food Program

• § 46-321 Fingerprinting; Affidavit
  A. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies from the department of education shall register...

Article 8 Arizona Special Supplemental Food Program Fund for Women, Infants and Children

• § 46-331 Arizona Special Supplemental Food Program Fund For Women, Infants And Children; Purpose; Reimbursement
  A. A permanent Arizona special supplemental food program fund for women, infants and children is established in the department of health services consisting of...

Chapter 3 CHILD SUPPORT OBLIGATIONS
Article 1 Reimbursement of Public Assistance

• § 46-401 Purpose
  It is the public policy of this state that parents shall be responsible for the support of their dependent children in order to relieve...
• § 46-402 Definitions
  In this chapter, unless the context otherwise requires: 1. " Absent parent" means the non-custodial natural or adoptive father or mother of a dependent...
• § 46-403 Authorization Of Department To Act
  Commencing with the payment of public assistance by the department, the director may take action as provided in this chapter to collect child support.
• § 46-404 Notice; Service; Order
  A. At any time after the department is assigned support rights or a public assistance payment is made, the director may issue a notice...
• § 46-406 Funding For Administration Of Public Assistance Services Of Child Support Enforcement Program; Expenditure Limitation
  A. Subject to legislative appropriation, the department of economic security shall administer the child support enforcement program from the state's share of the child...
• § 46-407 Assignment Of Rights To Support; Definition
  A. The right to support of a child and spouse who receive temporary assistance for needy families pursuant to Public Law 104-193 and chapter...
• § 46-408 Assignment Of Support Rights; Priority; Definitions
  A. The assignment under section 46-407 is subject to all of the following: 1. Terminates with respect to current support when the person entitled...

Article 2 Support Payment Clearinghouse and Child Support Case Registry

• § 46-441 Support Payment Clearinghouse; Records Transfer; Payment; Definition
  A. The department shall establish a central support payment clearinghouse to receive, disburse and monitor support payments pursuant to title IV-D of the social...
• § 46-442 Child Support Case Registry; Data Sharing; Unauthorized Disclosure; Civil Penalty
  A. The department shall establish a registry of child support orders to receive information on each title IV-D case and on each case with...
• § 46-443 Child Support Case Registry; Location Information; Presumptions Concerning Notice
  A. Beginning on October 1, 1998, on establishment of paternity or issuance of a support order in a title IV-D case, each party to...
• § 46-444 Transfer Of Support Rights; Disbursement Of Support Payments
  A. In a title IV-D case in which an order of child support has been established and the obligee under the order surrenders physical...
• § 46-445 Electronic Transfer Of Support Payments; Warrants; Definition
  A. The department shall establish a mandatory process to transfer support payments electronically. Under this process, the department or its agent shall disburse support...

Chapter 4 ADULT PROTECTIVE SERVICES
Article 1 General Provisions

• § 46-451 Definitions; Program Goals
  A. In this chapter, unless the context otherwise requires: 1. " Abuse" means: (a) Intentional infliction of physical harm. (b) Injury caused by negligent...
• § 46-452 Protective Services Worker; Powers And Duties; Immunity; Communications
  A. A protective services worker shall: 1. Receive reports of abused, exploited or neglected vulnerable adults. 2. Receive from any source oral or written...
• § 46-452.01 Office Of State Long-Term Care Ombudsman
  The office of state long-term care ombudsman is established pursuant to the older Americans act of 1965, as amended (P.L. 100-175; United States Code...
• § 46-452.02 Long-Term Care Ombudsman; Duties; Immunity From Liability
  A. A representative of the office of the state long-term care ombudsman who performs the official duties of the long-term care ombudsman shall not...
• § 46-453 Immunity Of Participants; Nonprivileged Communication
  A. Any person making a complaint, furnishing a report, information or records required or authorized by this chapter or otherwise participating in the program...
• § 46-454 Duty To Report Abuse, Neglect And Exploitation Of Vulnerable Adults; Duty To Make Medical Records Available; Violation; Classification
  A. A physician, registered nurse practitioner, hospital intern or resident, surgeon, dentist, psychologist, social worker, peace officer or other person who has responsibility for...
• § 46-455 Permitting Life Or Health Of A Vulnerable Adult To Be Endangered By Neglect; Violation; Classification; Civil Remedy; Definition
  A. A person who has been employed to provide care, who is a de facto guardian or de facto conservator or who has been...
• § 46-456 Duty To A Vulnerable Adult; Financial Exploitation; Civil Penalties; Exceptions; Definitions
  A. A person who is in a position of trust and confidence to a vulnerable adult shall use the vulnerable adult's assets solely for...
• § 46-457 Elder Abuse Central Registry; Mandatory Reporting; Release Of Information
  A. A person who files an action under this article shall serve notice and one copy of the pleading with the attorney general within...
• § 46-458 Hearing Process; Definitions
  A. After completing its investigation, the department shall notify a person who is alleged to have abused, neglected or exploited a vulnerable adult that...
• § 46-459 Adult Protective Services Registry
  A. The department of economic security shall maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults made pursuant to...

Chapter 5 IDENTIFICATION CARDS
Article 1 General Provisions

• § 46-601 Identification Card; Contents; Definition
  A. The department shall, without cost to the applicant, issue an identification card to every person who is a recipient of financial assistance from...
• § 46-601.01 Presentment Of Identification Card
  A merchant or financial institution may require the presentment of the identification card prescribed by this article as a condition for payment of a...
• § 46-602 Department May Contract For Services
  The department may establish locations throughout the state for producing and processing the cards authorized by section 46-601. It may contract with private or...
• § 46-603 Fraudulent Use Of Identification Card; Violation; Classification
  Any person who knowingly alters or utilizes the identification card prescribed by this article for any fraudulent purpose is guilty of a class 2

Chapter 6 UTILITY ASSISTANCE
Article 1 Telecommunications Service Assistance, General Provisions

• § 46-701 Telecommunications Service Assistance Program; Administration; Rules
  (L86, ch 361, sec 2.) A. A telecommunications service assistance program is established to provide eligible recipients with a reduction in costs of telecommunications...
• § 46-702 Assistance Eligibility; List
  (L86, ch 361, sec 2.) A. To be considered eligible for the telecommunications service assistance program, applicants must be a head of household, be...
• § 46-703 Assistance Rate Credit; Form; Applicable Services; Amount; Application
  A. The local exchange telephone company shall provide assistance to all recipients determined to be eligible pursuant to section 46-702 in the form of...
• § 46-704 Budget Request
  (L86, ch 361, sec 2.) The department shall include the cost of administering the telecommunications service assistance program in its annual budget request.

Article 3 Utility Repair and Deposit Assistance

• § 46-731 Utility Assistance; Qualified Fuel Fund Entity; Report; Definitions
  A. On an annual basis, a utility shall transmit all abandoned deposits to a qualified fuel fund entity. The qualified fuel fund entity that...

Article 4 Neighbors Helping Neighbors Fund

• § 46-741 Neighbors Helping Neighbors Fund; Definition
  A. A neighbors helping neighbors fund is established to provide eligible recipients with assistance in paying utility bills, conserving energy and weatherization. The department...

Chapter 7 CHILD CARE SERVICES
Article 1 General Provisions

• § 46-801 Definitions
  (Caution: 1998 Prop. 105 applies) In this chapter, unless the context otherwise requires: 1. " Caretaker relative" means a relative who exercises responsibility for...
• § 46-802 Child Care Services
  The department shall establish and administer child care services. Child care services include: 1. Child care assistance to eligible families. 2. Certification of child...
• § 46-803 Eligibility For Child Care Assistance
  (Caution: 1998 Prop 105 applies) A. The department shall provide child care assistance to eligible families who are attempting to achieve independence from the...
• § 46-804 Appeals
  A decision denying, reducing or terminating child care assistance is subject to appeal pursuant to title 41, chapter 6, article 6 and title 41,...
• § 46-805 Child Care Assistance; Rates
  A. The department shall establish payment rates for child care assistance. Payment rates shall provide for equal access for eligible families to comparable child...
• § 46-806 Choice Of Child Care Providers
  The department shall allow parental choice of child care providers for families, except that those families referred by the department of child safety or...
• § 46-807 Certification Of Family Child Care Home And In-Home Providers; Hearing
  A. The department shall establish health, safety and training standards for the certification of child care home providers and in-home providers. B. All child...
• § 46-808 Confidentiality
  A. The department shall maintain records of complaints and investigations concerning child care home providers and in-home providers. B. Section 41-1959 does not apply...
• § 46-809 Rules
  The department shall adopt rules it deems reasonable or necessary to implement child care services and to further the objectives of this article. Rules...
• § 46-810 Department Of Economic Security; Child Care; Report
  The department of economic security shall provide the following data by October 1 of each year to the members of the joint legislative budget...

Last modified: October 13, 2016