Arizona Law That Impacts Children with Special Needs

Arizona Law that Impacts Children with Special Needs

Child Support for Special Needs Child

 ARIZ. REV. STAT. ANN § 25-320(9)(B)(3). Child Support Guidelines “These guidelines are designed to fit the needs of most children. The court may increase the Basic Child Support Obligation to provide for the special needs of gifted or handicapped children.”

Child Support for Adult Disabled Child

 ARIZ. REV. STAT. ANN . § 25-320(E). Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true: 1. The court has considered the factors prescribed in subsection D of this section. 2. The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting. 3. The child's disability began before the child reached the age of majority.

 In re Marriage of Gibbs , 258 P.3d 221, 228 (Ariz. Ct. App. 2011). Applying § 25-320(E), the Arizona Court of Appeals affirmed the lower court’s decision ordering a father to continue to support his adult disabled child past the age of majority. Two experts testified the child had multiple physical and mental impairments that existed prior to the child reaching the age of majority.

 Gersten v. Gersten , 219 P.3d 309, 317-18 (Ariz. Ct. App. 2009). No custody or guardianship order is required before the court may order support for an adult disabled child. The court may order payment of support directly to the disabled child or to the parent to use for the child’s benefit. If neither parent serves as the child’s legal custodian or guardian and the child’s interests would be affected by any support order, the court must join the child as an indispensible party to the proceedings.

Alimony for Parent Caring for Special Needs Child

 ARIZ. REV. STAT. ANN . § 25-319(A)(2). The court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance “is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home. . . .”

Special Needs Trust

 ARIZ. REV. STAT. ANN . § 14-10103(17). “Special Needs Trust” means a trust established for the benefit of one or more disabled persons if one of the purposes of the trust, expressed in the trust instrument or implied from the trust instrument, is to allow the disabled person to qualify or continue to qualify for public, charitable or private benefits that might otherwise be available to the disabled person. The existence of one or more nondisabled remainder beneficiaries of the trust shall not disqualify it as a special needs trust for the purposes of this paragraph. For the purposes of this paragraph, “disabled person” means an individual who is disabled pursuant to 42 United States Code § 1382c.

Adoption Subsidies

 ARIZ. REV. STAT. ANN . § 8-141(A)(1). “Adoption subsidy” means a grant that is provided to a child with special needs and that has been applied for through the department.

 ARIZ. REV. STAT. ANN . § 8-141(14). “Special needs” means one or more of the following conditions which existed before the finalization of adoption: (a) Physical, mental or developmental disability. (b) Emotional disturbance. (c) High risk of physical or mental disease. (d) High risk of developmental disability. (e) Age of six or more years at the time of application for an adoption subsidy. (f) Sibling relationship. (g) Racial or ethnic factors. (h) High risk of severe emotional disturbance if removed from the care of foster parents. (i) Any combination of the special needs described in this paragraph.

 ARIZ. REV. STAT. ANN . § 8-144(A) – (B). The amount of the adoption subsidy “will vary with the needs due to the special circumstances of the adopted child as well as the availability of other resources.” The subsidy “may continue through the age of twenty-one if the individual is enrolled in and regularly attending school unless the person has received a high school diploma or certificate of equivalency.”

 Hamblen v. Hamblen , 54 P.3d 371, 374 (Ariz. Ct. App. 2002). Adoption subsidies received by husband and wife constituted income attributable to their adopted special-needs children and, thus, could not be considered a credit against husband's child support obligation.

State and Community Resources

 Arizona's Children Association AzCA was originally founded in 1912, as Arizona Children’s Home, to care for homeless, neglected and dependent children. To meet the changing needs of the children, Arizona Children‘s Home developed services that extended beyond the residential program in Tucson, and well beyond Tucson itself. www.arizonaschildren.org

 Arizona Department of Education Z FIND provides information and resources to parents, public education agencies (PEAs), state agencies, and professional organizations regarding child find statutes, policies, and procedures. http://www.azed.gov/special-education/az-find/

 Arizona Department of Health Services The Office for Children with Special Health Care Needs (OCSHCN) works to improve systems of care, provide information and referral to families, who would like assistance in finding the services available to their child; provide training to families and professionals on best practices related to medical home, cultural competence, transition to adulthood and family and youth involvement; and support telemedicine to provide services in remote areas of the state. azdhs.gov/phs/owch/ocshcn/

 Center for Parent Information and Resources Find resources of interest to you through the quick-find links (just below) or through the dynamic “Search for Resources” feature, which will let you filter your results by format, audience, and producer. http://www.parentcenterhub.org/resources/

 Children's Action Alliance Children’s Action Alliance is an independent voice for Arizona children at the state capitol and in the community. CAA works to improve children’s health, education, and security through information and action. azchildren.org

 Easter Seals Disability Services Easter Seals has been helping individuals with disabilities and special needs, and their families, live better lives for nearly 100 years. From child development centers to physical rehabilitation and job training for people with disabilities, Easter Seals offers a variety of services to help people with disabilities address life's challenges and achieve personal goals. www.easterseals.com

 Parents of Southern Arizona Providing encouragement and support to families who have children with special needs. Programs include peer to peer support, sibling support, advocacy training and educational support. All of our programs and services are offered free of charge without regard of the child’s disabilities, age, family income, qualifying conditions or other eligibility factors. pilotparents.org  Raising Special Kids Raising Special Kids exists to improve the lives of children with the full range of disabilities, from birth to age 26, by providing support, training, information and individual assistance so families can become effective advocates for their children. www.raisingspecialkids.org

 Upward Upward is many of the Valley school districts’ primary provider of special education, therapy and childcare for children with severe disabilities): http://www.upwardaz.org/contact.htm

 Where to Find Disability Assistance in Arizona If your child has a disability, and you do not know where to find help, check out this list of essential resources available in your state. These essential contacts offer the most commonly needed services and can provide you with referrals to other appropriate services as well. learningdisabilities.about.com/od/a1/tp/arizona_disability_contacts.-0rP.htm