Investigative and Advocacy Services Dept of Health Services
Arizona Administrative Code, Title 9, Chapter 21, Article 4 requires the Arizona Department of Health Services, Division of Behavioral Health Services to conduct investigations into deaths and allegations of physical and sexual abuse of persons receiving services for persons with Serious Mental Illness (SMI). The ADHS/DBHS has staff dedicated to conducting such investigations; however, the number of investigations that must be conducted within any given period of time sometimes exceeds the capacity of existing staff positions.
The ADHS/DBHS has determined that many of these contracts were awarded historically to individuals who, while experienced in conducting investigations, have no knowledge of the publicly funded behavioral health system in Arizona. Due to the nature of the issues investigated under the Administrative Code requirements, in order to conduct a complete investigation an investigator must have a comprehensive understanding of all of the various ways in which behavioral health services are provided and the applicable requirements.
Arizona Administrative Code, Title 9, Chapter 21, Article 4 requires the Arizona Department of Health Services, Division of Behavioral Health Services Office of Human Rights (OHR) to provide advocacy to individuals determined to have a Serious Mental Illness (SMI). The OHR has dedicated staff to provide advocacy. However, because both OHR and the Office of Grievance and Appeals are located within the Department, a conflict of interest exists with respect to matters involving allegations of physical or sexual abuse or death cases. OHR cannot provide advocacy or representation in such matters because OGA directly investigates them. In addition, at times, OHR will be unable to assist an individual with a SMI with service planning, discharge planning, and grievance or appeal issue that has a direct impact on an existing client of OHR. OHR needs a separate entity/individual to provide advocacy in such matters.
