HOUSE BILL REPORT
HB 1618
BYRepresentatives Brekke, Winsley, Leonard, Moyer, Padden, Scott, Anderson, Miller, Cooper, Ferguson, Sanders, May, Silver and Butterfield; by request of Department of Social and Health Services
Reorganizing and clarifying the laws regarding services to persons with developmental disabilities.
House Committe on Human Services
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (9)
Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.
House Staff:John B. Welsh, Jr. (786-7133)
AS REPORTED BY COMMITTEE ON HUMAN SERVICES JANUARY 27, 1988
BACKGROUND:
State programs for the developmentally disabled (DD) are administered by the Department of Social and Health Services and their authorities are spread principally throughout three statutory titles dealing with Mental Illness (Title 71 RCW), State Institutions (Title 72 RCW), and Public Assistance (Title 74 RCW). Neither title describes the state developmental disabilities program and there are few cross-references between the titles.
Eligibility for all residential and community services is located in the title dealing with state institutions. The title on mental illness houses local services through community boards and provides for habilitative services and cooperative arrangements with Oregon and Idaho. The title on public assistance provides for services for children with multiple handicaps.
The terminology employed for the DD programs throughout these titles lacks uniformity, and must be read together in order to extrapolate the law governing DD services. The definition of DD does not appear in the chapter prescribing eligibility, and there are conflicting terms variously expressed as "handicapped", "mentally retarded" or "mental deficiency" which govern eligibility. There is also no uniform terminology for the state institutions and they are variously referred to as a state school, state residential school, residential school, school for handicapped persons, or departmental residential facility.
Language appears in the code which is obsolete. Statutes contain references to involuntary court commitments of persons with developmental disabilities which are possibly unconstitutional and in conflict with a law prohibiting such commitments and superceding it.
SUMMARY:
SUBSTITUTE BILL: A new title in the code is created unifying and updating the statutory authority for state programs, policies and services provided to persons with developmental disabilities by the Department of Social and Health Services. The new title provides a uniform system of developmental disability services, describing the clients and services they receive, clarifying the authority of the Department of Social and Health Services (DSHS) Secretary to provide certain services, and specifying the services clients are eligible to receive. Statutes are amended, repealed or re-codified, and new sections are added, which reflect current policy as expressed in the code, in rules or practice, with the intent that no new programs, policies or services, not currently existing, are authorized, nor are existing rights affected. The new authority is divided into 10 parts governing general provisions, such as definitions, and administrative matters; the powers and duties of state agencies, including the authority of the Department to provide and administer residential and community services; the powers and duties of local government, including DD boards; eligibility for services; individual service plans; delivery of services; residential habilitation centers; amendatory sections; and statutory construction.
The definition of a developmental disability for eligibility purposes is made uniform and includes an indefinite neurological condition related to mental retardation, originating before the individual attains 18-years of age, which constitutes a substantial handicap. The term residential habilitation centers describes state-operated institutions for persons with developmental disabilities.
Statutory references to involuntary commitment are repealed.
SUBSTITUTE BILL COMPARED TO ORIGINAL: Language was deleted that prohibited providers from serving on county developmental disability boards. Other technical amendments were adopted.
Fiscal Note: Available.
House Committee ‑ Testified For: Thelma Struck, Department of Social and Health Services; Edward Dee, Office of the Attorney General; Sue Elliott, Division of Developmental Disabilities; Wendy Sue Weaver, Washington Protection and Advocacy System; Michael Doctor, Rehabilitation Enterprises of Washington; Lois Odd, Parents and Guardians; and Jeff Larsen, Washington Assembly for Citizens with Disabilities.
House Committee - Testified Against: None Presented.
House Committee - Testimony For: The authority of the Department of Social and Health Services, and counties, for providing services to persons with developmental disabilities is confusing to both agency personnel and recipients. Obsolete language and conflicting terminology raise questions about eligibility and the rights of clients and the responsibilities of the Department. This bill was developed over the interim by a work group composed of representatives of the developmental disabilities community as well as departmental, county and legislative staff. No new services or programs are authorized, and no existing rights are affected.
House Committee - Testimony Against: None Presented.