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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 4658

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State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Wojahn, Conner, McDonald and Moore; by request of Department of Social and Health Services)

Read first time 2/6/86.

AN ACT Relating to alternatives to state residential schools; and amending RCW 72.33.125.

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

        Sec. 1.  Section 2, chapter 246, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 60, Laws of 1983 and RCW 72.33.125 are each amended to read as follows:

          (1) In order to provide ongoing points of contact with the handicapped individual and his family so that they may have a place of entry for state services and return to the community as the need may appear; to provide a link between those individuals and services of the community and state operated services so that the individuals with handicapping conditions and their families may have access to the facilities best suited to them throughout the life of the individual; to offer viable alternatives to state residential school admission; and to encourage the placement of persons from state residential schools, the secretary of social and health services or his designee, pursuant to rules and regulations of the department, ((shall)) may receive applications of persons for care, treatment, hospitalization, support, training, or rehabilitation provided by state programs or services for the handicapped.  Written applications shall be submitted in accordance with the following requirements:

          (a) In the case of a minor person, the application shall be made by his parents or by the parent, guardian, limited guardian where so authorized, person or agency legally entitled to custody, which application shall be in the form and manner required by the department; and

          (b) In the case of an adult person, the application shall be made by such person, by his  or her  guardian, or limited guardian where so authorized, or agency legally entitled to custody, which application shall be in the form and manner required by the department.

          (2) Upon receipt of the written application the secretary shall determine if the individual to receive services has a handicapping condition as defined in RCW 72.33.020 qualifying him for services.  In order to determine eligibility for services, the secretary may require a supporting affidavit of a physician or a clinical psychologist, or one of each profession, certifying that the individual is handicapped as herein defined.

          (3) After determination of eligibility because of a handicapping condition, the secretary shall determine the necessary services to be provided for the individual.  Individuals may be temporarily admitted, for a period not to exceed thirty days, to departmental residential facilities for observation prior to determination of needed services, where such observation is necessary to determine the extent and necessity of services to be provided.

          (4) (a) Beginning July 1, 1987, the secretary shall annually advise the persons specified in subsection (1) (a) or (b) of this section that they may, by application, propose program and placement alternatives for care, treatment, hospitalization, support, training, or rehabilitation of the handicapped person.

(b) Until July 1, 1987, the secretary may annually advise the persons specified in subsection (1) (a) or (b) of this section that they may, by application, propose program and placement alternatives for care, treatment, hospitalization, support, training, or rehabilitation of the handicapped person.

          (5) Upon receipt of an application for alternative care, the secretary shall consult with the applicant and within ninety days of the application determine whether the following criteria are met:

          (a) That the alternative plan proposes a less dependent program than the current services provide;

          (b) That the alternative plan is appropriate under the goals and objectives of the individual program plan;

          (c) That the alternative plan is not in violation of applicable state and federal law; and

          (d) That necessary services can reasonably be made available.

          (6) If the alternative plan meets all the criteria of subsection (5) of this section, it:

(a) Shall, beginning July 1, 1987, be implemented as soon as reasonable, but not later than one hundred twenty days after completion of the determination process, unless the secretary determines that the alternative plan is more costly than the current plan; and

(b) May, until July 1, 1987, be implemented as soon as reasonable, unless the secretary determines that the alternative plan is more costly than the current plan.

          (((7) One year after April 21, 1983, the secretary shall forward to the appropriate legislative committees of the senate and house of representatives a report that includes a description of each application that was denied and the basis for denial.

          (8) Within thirty days of April 21, 1983, the secretary shall submit to the appropriate legislative committees explicit criteria for determining whether an alternative plan is more costly than a current plan as required by subsection (6) of this section.))