BP BHEAD INT H

AN ACT Relating to individuals with developmental disabilities; amending RCW 71A.10.015, 71A.10.050, 71A.12.010, 71A.12.020, 71A.12.030, 71A.14.010, 71A.20.010, 71A.20.080, and 71A.20.150; adding a new section to chapter 71A.20 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that (1) the legislative budget committee conducted an extensive and rigorous study of service and residential needs of people with a developmental disability; (2) the legislative budget committee surveyed the service needs of residents of residential habilitation centers and found most of the residents could be successfully supported in community placements; (3) home and community-based services and supports offer the greatest opportunity to people with developmental disabilities for personal self-control, integration with the community, and the ability to lead as normal a life as possible; (4) the Americans With Disabilities Act provides the federal framework to ensure that each person with a developmental disability is provided with the opportunity to attain the greatest degree of personal choice and community normalization possible; (5) community residential and service options will benefit the majority of people currently housed in residential habilitation centers; (6) current state and federal funds spent on housing and services in residential habilitation centers will benefit more persons with developmental disabilities in community-based residential and support services; (7) impediments to serving people with developmental disabilities in the most appropriate, cost-effective setting must be removed to allow for the efficient, effective, and appropriate expenditure of limited state and federal funds.

Sec. 2. RCW 71A.10.015 and 1988 c 176 s 101 are each amended to read as follows:

The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States, including the Americans with Disabilities Act, and the state of Washington. The legislature recognizes that home and community-based settings offer the greatest opportunity for normal living for persons with developmental disabilities.

Sec. 3. RCW 71A.10.050 and 1989 c 175 s 138 are each amended to read as follows:

(1) An applicant or recipient or former recipient of a developmental disabilities service under this title from the department of social and health services has the right to appeal the following department actions:

(a) A denial of an application for eligibility under RCW 71A.16.040;

(b) An unreasonable delay in acting on an application for eligibility, for a service, or for an alternative service under RCW 71A.18.040;

(d) A claim that the person owes a debt to the state for an overpayment;

(e) A disagreement with an action of the secretary under RCW 71A.10.060 or 71A.10.070;

(f) A decision to return a resident of ((~~an [a]~~)) a habilitation center to the community; and

(g) A decision to change a person's placement from one category of residential services to a different category of residential services.

The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.

(2) ((This subsection applies only to an adjudicative proceeding in which the department action appealed is a decision to return a resident of a habilitation center to the community. The resident or his or her representative may appeal on the basis of whether the specific placement decision is in the best interests of the resident. When the resident or his or her representative files an application for an adjudicative proceeding under this section the department has the burden of proving that the specific placement decision is in the best interests of the resident.

~~(3)~~)) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060. The notice must include a statement advising the recipient of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice of a decision to return a resident of a habilitation center to the community under RCW 71A.20.080 must also include a statement advising the recipient of the right to file a petition for judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.

Sec. 4. RCW 71A.12.010 and 1988 c 176 s 201 are each amended to read as follows:

It is declared to be the policy of the state to authorize the secretary to develop and coordinate state services for persons with developmental disabilities in the most normal, least restrictive setting; to encourage research and staff training for state and local personnel working with persons with developmental disabilities; and to cooperate with communities to encourage the establishment and development of services to persons with developmental disabilities through locally administered and locally controlled programs.

The complexities of developmental disabilities require the services of many state departments as well as those of the community. Services should be planned and provided ((~~as a part of a continuum~~)) in response to the individual needs of the person with a developmental disability. A pattern of ((~~facilities~~)) supports and services should be established, within appropriations designated for this purpose, which is sufficiently complete to meet the needs of each person with a developmental disability regardless of age or degree of handicap, and at each stage of the person's development.

Sec. 5. RCW 71A.12.020 and 1988 c 176 s 202 are each amended to read as follows:

(1) To the extent that state, federal, or other funds designated for services to persons with developmental disabilities are available, the secretary shall provide every eligible person with habilitative services suited to the person's needs, regardless of age or degree of developmental disability.

(2) The secretary shall provide persons who receive services with the opportunity for integration with nonhandicapped and less handicapped persons to the greatest extent possible in the most normal and least restrictive setting.

(3) The secretary shall establish minimum standards for habilitative services, including, but not limited to, the development of a resource allocation system based on individual need for supports and fair distribution of available resources. Consumers, advocates, service providers, appropriate professionals, and local government agencies shall be involved in the development of the standards.

(4) The secretary shall develop a resource allocation system, service models, and staffing levels so that services and supports are provided in the most cost-effective manner possible.

(5) The secretary shall ensure services provided in both community and institutional settings are designed to promote acquisition of independent living skills and self-sufficiency.

Sec. 6. RCW 71A.12.030 and 1988 c 176 s 203 are each amended to read as follows:

The secretary is authorized to provide, or arrange with others to provide, all supports and services ((~~and facilities~~)) that are necessary or appropriate to accomplish the purposes of this title, and to take all actions that are necessary or appropriate to accomplish the purposes of this title. The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, as are appropriate to carry out this title.

Sec. 7. RCW 71A.14.010 and 1988 c 176 s 301 are each amended to read as follows:

The legislative policy to provide a coordinated and comprehensive state and local program of services for persons with developmental disability in the most normal, least restrictive setting, is expressed in RCW 71A.12.010.

Sec. 8. RCW 71A.20.010 and 1988 c 176 s 701 are each amended to read as follows:

This chapter covers the operation of residential habilitation centers. The selection of persons to be served at the centers is governed by chapters 71A.16 and 71A.18 RCW. The purpose((s)) of this chapter ((are: To provide for those children and adults who are exceptional in their needs for care, treatment, and education by reason of developmental disabilities, residential care designed to develop their individual capacities to their optimum; to provide for admittance, withdrawal and discharge from state residential habilitation centers upon application; and to insure a comprehensive program for the education, guidance, care, treatment, and rehabilitation of all persons admitted to residential habilitation centers)) is to provide needed services to special populations who cannot be served in a cost-effective manner in home or community-based settings.

Sec. 9. RCW 71A.20.080 and 1989 c 175 s 143 are each amended to read as follows:

Whenever in the judgment of the secretary, the treatment and training of any resident of a residential habilitation center has progressed to the point that it is deemed advisable to return such resident to the community, the secretary ((~~may~~)) shall grant placement on such terms and conditions as the secretary ((~~may~~)) deems advisable after consultation in the manner provided in RCW 71A.10.070. The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060. The notice ((~~must~~)) shall include a statement advising the recipient of the right to an adjudicative proceeding under RCW 71A.10.050 and the time limits for filing an application for an adjudicative proceeding. The notice must also include a statement advising the recipient of the right to judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.

A placement decision shall not be implemented at any level during any period during which an appeal can be taken or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently pursued.

The department of social and health services shall periodically evaluate at reasonable intervals the adjustment of the resident to the specific placement to determine whether the resident should be continued in the placement or returned to the institution or given a different placement.

Sec. 10. RCW 71A.20.150 and 1988 c 176 s 715 are each amended to read as follows:

Without committing the department to continued provision of service, the secretary may admit a person eligible for services under this chapter to a residential habilitation center for a period not to exceed thirty days for observation prior to determination of needed services, where such observation is necessary to determine the extent and necessity of services to be provided, including people with developmental disabilities committed to the custody of the secretary under chapter 71.05 RCW.

NEW SECTION. Sec. 11. A new section is added to chapter 71A.20 RCW to read as follows:

The secretary shall close residential habilitation centers or major portions of residential habilitation centers if, in the judgment of the secretary, it is cost-effective to do so. Funds appropriated by the legislature for residential habilitation centers shall be used for the following purposes when a residential habilitation center or major portion of a residential habilitation center is closed: (1) To provide for the ongoing support of former residents in community-based residential, support, and service programs; (2) to provide services to currently unserved, eligible people with developmental disabilities living in the community; and (3) to provide employees of residential habilitation centers with training and related support to transfer to community-based state developmental disabilities programs, other institutional or community-based programs operated by the department of social and health services, and such other services and benefits as may be negotiated by the secretary, including, but not limited to, relocation payments, job retraining programs, and modification of personnel specifications to permit the transfer to other state jobs.

If the secretary closes a residential habilitation center or major portion of a residential habilitation center under this section, no permanent employee of the residential habilitation center may be involuntarily laid off or suffer a reduction in pay as a result of the closure of the center or major portion of the center.

Residential habilitation centers closed under this section shall be managed in compliance with the requirements of RCW 79.01.006 and 79.01.007.