H-2301              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 820

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Social & Health Services (originally sponsored by Representatives Wineberry, Patrick, Lux, Lewis, Appelwick, Dellwo, Jacobsen, Day, Sayan and Unsoeld)

Read first time 3/8/85 and passed to Committee on Rules.

AN ACT Relating to developmental disabilities; and adding a new chapter to Title 71 RCW.

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

NEW SECTION. Sec. 1.     There is established a state-wide protection and advocacy agency to provide advocacy services as specified in this section for people with developmental disabilities.  The agency shall be designated in compliance with federal and state law, independent of any state or private agency that provides treatment services or habilitation to people with developmental disabilities.  The agency shall be designated by the governor and shall operate solely from funds appropriated for that purpose under Public Law 98-527 as now or hereafter amended.  The funds shall not be administered by the state developmental disabilities planning council.

NEW SECTION. Sec. 2.     The protection and advocacy agency shall protect and advocate for the rights of people with developmental disabilities.  It has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of such persons who are receiving treatment, services, or habilitation within the state.  It shall also provide information on and referral to programs and services addressing the needs of people with disabilities.

NEW SECTION. Sec. 3.     The protection and advocacy agency may obtain access to the records of a person with a disability if a complaint has been received by the agency for or on behalf of the person and the person does not have a legally responsible parent, guardian, or limited guardian, or is unable to give an informed consent.

NEW SECTION. Sec. 4.     The agency established by sections 1 through 3 of this act shall be in operation solely to the extent the federal funds are available for this purpose.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 71 RCW.