Arizona's Department of Economic Security is asking for early input on draft rules that would collect the rights of people served by its Division of Developmental Disabilities (DDD) in a single article of the state code. DES posted the request on Oct. 6, 2026, and is taking comments until 11:59 p.m. Mountain Standard Time on Nov. 5.

What the draft does

  • Definitions in one place. Terms used across the DDD chapter (6 A.A.C. 6) move into Article 1, so they apply the same way everywhere. Today's general provisions move to a new Article 2.
  • Member rights in one place. Rights now spread between Article 8, which covers community residential settings, and Article 10, which covers child developmental foster homes, would be consolidated in Article 2.
  • Rights that always apply. The Division and its service providers would have to uphold, for every member, freedom from abuse, neglect and exploitation; dignity and respect; a safe, clean, accessible and humane environment; the least assistance needed to do a task; personal care from a direct support professional of the gender named in the member's planning document, except in emergencies; privacy during care; and protection of medical records and personal information.
  • Rights that can be limited only on paper. Owning and using personal property, choosing whom to spend time with, joining community activities, managing one's own money and being taught to, private mail, calls and visits, and taking part in person-centered planning could be restricted only by law or by a restriction documented in the planning document under Article 9.
  • A DSP definition. The draft defines a DSP as a person who delivers direct support in a home and community-based services setting and meets the training, certification and licensing requirements for that service, including direct-care workers who help with daily living activities.
  • Privacy and placement duties. The draft names Division confidentiality officers, requires the Division and providers to keep valid authorizations for releasing health information, requires Division and provider employees to report privacy violations to the Division privacy officer, and includes a least-restrictive-alternative rule with a review of each member's services every six months.

How to comment

DES accepts comments through a form on its website, by mail or by email, and asks for each commenter's name, email address and any organization represented. A formal comment period will follow once the rules are published in the Arizona Administrative Register, but DES says it cannot make substantial changes at that stage without extra steps, so this round is the easier time to ask for changes.

Why this matters for providers and DSPs

The rights list is what DDD and its providers would answer to day to day. For DSPs and house managers, items such as the gender of staff giving personal care and the rule that restrictions must be written into the planning document shape how shifts are staffed and how plans are written. Agencies that run group homes or support children in developmental foster homes have the most reason to compare the draft with the current Articles 8 and 10 before Nov. 5.