Z-1392.1 _______________________________________________
HOUSE BILL 2591
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Leonard, Winsley, Riley, Franklin, Paris, Mitchell, Jacobsen, Dellwo, Rasmussen, J. Kohl and Brekke; by request of Department of Community Development
Read first time 01/22/92. Referred to Committee on Human Services.
AN ACT Relating to protection and advocacy of the rights of persons with developmental disability or mental illness; amending RCW 71A.10.080; adding new sections to chapter 71.05 RCW; adding a new section to chapter 71A.10 RCW; adding a new section to chapter 43.63A RCW; adding new sections to chapter 43.131 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71A.10.080 and 1991 c 333 s 1 are each amended to read as follows:
(((1)))
The governor shall designate an agency to implement a program for the
protection and advocacy of the rights of persons with developmental
disabilities pursuant to the ((developmentally disabled)) developmental
disabilities assistance and bill of rights act, 89 Stat. 486; 42 U.S.C.
Secs. 6000-6083 (1975), (as amended). ((The designated agency shall have
the authority to pursue legal, administrative, and other appropriate remedies
to protect the rights of the developmentally disabled and to investigate
allegations of abuse and neglect. The designated agency shall be independent
of any state agency that provides treatment or services other than advocacy
services to persons with developmental disabilities.
(2)
The agency designated under subsection (1) of this section shall implement a
program for the protection and advocacy of the rights of mentally ill persons
pursuant to the protection and advocacy for mentally ill individuals act of
1986, 100 Stat. 478; 42 U.S.C. Secs. 10801-10851 (1986), (as amended). The
designated agency shall have the authority to pursue legal, administrative, and
other appropriate remedies to protect the rights of mentally ill persons and to
investigate allegations of abuse or neglect of mentally ill persons. The
designated agency shall be independent of any state agency that provides
treatment or services other than advocacy services to mentally ill persons.
(3)
The governor shall designate an appropriate state official to serve as liaison
between the agency designated to implement the protection and advocacy programs
and the state departments and agencies that provide services to persons with
developmental disabilities and mentally ill persons.))
NEW SECTION. Sec. 2. A new section is added to chapter 71.05 RCW to read as follows:
The governor shall designate an agency to implement a program for the protection and advocacy of the rights of mentally ill persons pursuant to the protection and advocacy for mentally ill individuals act of 1986, 100 Stat. 478; 42 U.S.C. Secs. 10801-10851 (1986), (as amended).
NEW SECTION. Sec. 3. A new section is added to chapter 71A.10 RCW to read as follows:
The organization designated by the governor to act as the state's protection and advocacy agency pursuant to the developmental disabilities assistance and bill of rights act shall be independent of any agency that provides treatment or services other than advocacy services to persons with developmental disabilities. The designated organization shall provide the director of the department of community development or the director's designee, who is the state official responsible for state compliance with federal funding requirements, with all reports, assurances, and other documentation necessary to ensure the proper administration of the state's protection and advocacy system.
The designated organization shall have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and the advocacy for, the rights of persons with developmental disabilities or those who may be eligible for services under the developmental disabilities assistance and bill of rights act. The designated organization shall have the authority to investigate incidents of abuse and neglect of persons with developmental disabilities if the incidents are reported to the system or if there is probable cause to believe the incidents occurred. In protecting and advocating for the rights of developmentally disabled persons and others eligible for services, the designated agency shall focus on the activities listed in the developmental disabilities assistance and bill of rights act, 89 Stat. 486; 42 U.S.C. Sec. 6042 (1975), (as amended).
NEW SECTION. Sec. 4. A new section is added to chapter 71.05 RCW to read as follows:
The organization designated by the governor to act as the state's protection and advocacy agency pursuant to the protection and advocacy of mentally ill individuals act of 1986 shall be independent of any agency that provides treatment or services other than advocacy services to persons with mental illness. The designated organization shall provide the director of the department of community development or the director's designee, who is the state official responsible for state compliance with federal funding requirements, with all reports, assurances, and other documentation necessary to ensure the proper administration of the state's protection and advocacy system.
The designated organization shall have the authority to pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are eligible under the federal act. In pursuing the advocacy and protection of mentally ill persons, the designated agency shall focus on activities listed in the protection and advocacy for mentally ill individuals act of 1986, 100 Stat. 478; 42 U.S.C. Sec. 10805 (1986), (as amended).
NEW SECTION. Sec. 5. A new section is added to chapter 43.63A RCW to read as follows:
The director of the department of community development or the director's designee shall be the state official responsible for state compliance with federal requirements imposed when the protection and advocacy agency designated by the governor under RCW 71A.10.080 receives the state's allotment of federal funds. The director or designee shall obtain from the agency all reports, assurances, and other documentation necessary to ensure the proper administration of the state's protection and advocacy system.
NEW SECTION. Sec. 6. Nothing in this act shall be construed to limit or expand the authority of the designated protection and advocacy organization beyond that authority designated in the developmental disabilities assistance and bill of rights act, 89 Stat. 486; 42 U.S.C. Secs. 6000-6083 (1975), (as amended), and the protection and advocacy for mentally ill individuals act of 1986, 100 Stat. 478; 42 U.S.C. Secs. 10801-10851.
NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:
The protection and advocacy programs for persons with developmental disabilities and persons who are mentally ill shall be terminated on June 30, 1997, as provided in section 8 of this act.
NEW SECTION. Sec. 8. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1998:
(1) RCW 71A.10.080 and 1992 c ... s 1 (section 1 of this act) & 1991 c 333 s 1;
(2) RCW 71.05.--- and 1992 c ... s 2 (section 2 of this act);
(3) RCW 71A.10.--- and 1992 c ... s 3 (section 3 of this act);
(4) RCW 71.05.--- and 1992 c ... s 4 (section 4 of this act); and
(5) RCW 43.63A.--- and 1992 c ... s 5 (section 5 of this act).