AN ACT Relating to developmental disabilities; amending RCW 71.20.016, 71.20.020, 71.20.030, 71.20.040, 71.20.090, and 71.20.110; adding new sections to chapter 71.20 RCW; creating a new section; and repealing RCW 71.20.010, 71.20.060, 71.20.070, and 71.20.080.

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

NEW SECTION. Sec. 1. The legislature of the state of Washington hereby recognizes that individuals with developmental disabilities are vulnerable to a loss of personal power and control over their personal lives. The legislature acknowledges that individuals with developmental disabilities who reside in the community need to:

(1) Exert control over their own lives thereby achieving independence.

(2) Achieve personal integration including:

(a) Use of the same community resources and participation in the same community activities as nonhandicapped citizens;

(b) Residences in homes or in home-like settings which are in close proximity to community resources.

In order to maximize personal development and equality of opportunity and assure access to all aspects of society, the department shall develop, coordinate and monitor a uniform system of specialized services or special adaptations of generic services for persons with developmental disabilities. This system shall include but not be limited to: (a) Diagnosis, (b) evaluation, (c) treatment, (d) early intervention, (e) personal care, (f) domiciliary care, (g) special individualized living arrangements, (h) training, (i) education, (j) employment opportunities, (k) recreation and socialization options, (l) counseling, (m) protective and other social services, (n) information and referral services, advocacy, health care, nonvocational social-developmental services, and (o) transportation services as necessary. All programs and services for developmentally disabled citizens are to be conducted consistent with chapter 49.60 RCW.

NEW SECTION. Sec. 2. It is the intent of the legislature:

(1) To provide appropriate habilitation and support programs for all persons with developmental disabilities throughout their lifetime regardless of their age or degree of handicap.

(2) To prohibit the deprivation of liberty except when such deprivation is for the purpose of care and treatment and constitutes the least restrictive available alternative adequate to meet the person's needs and to insure that procedures governing placement and habilitation of an individual afford due process protections.

(3) To insure privacy, dignity, individual rights and privileges.

(4) To provide comprehensive services to all persons with developmental disabilities on a state-wide basis.

(5) To enable persons with developmental disabilities to remain with their families and in their home communities.

(6) To make available socially and physically integrated age appropriate community based services for persons with developmental disabilities which reflect the patterns of every day living experienced by nondisabled persons.

(7) To encourage state agencies and local governments to provide a wide array of innovative and effective services which emphasize the goals of habilitation rather than only the goal of aid for persons with developmental disabilities.

(8) To insure that persons with developmental disabilities receive the support necessary to promote increased independence and integration into the community.

Sec. 3. Section 6, chapter 224, Laws of 1982 as amended by section 19, chapter 41, Laws of 1983 1st ex. sess. and RCW 71.20.016 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:

((~~The term~~)) (1) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary of the department of social and health services to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals, which disability originates before such individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to such individual.

(2) "Department" means the department of social and health services.

(3) "Habilitation services" means services provided to assist persons with developmental disabilities to acquire and maintain skills needed to live in the community including, but not limited to, vocational, educational, residential, lifeskills training, and therapies.

(4) "Support services" means services which enhance a developmentally disabled individual's health or well-being by providing either direct therapies or care to the individual, their parent/guardian, or care provider.

(5) "Child developmental services" means professional services to children from birth through two years of age and their families to support and maximize the child's development and parental involvement and support of the child.

(6) "Employment services" means vocational training, job development, job modifications, and job-related support needed for developmentally disabled people to work productively including, but not limited to competitive employment, supported job, group-supported employment, and specialized industry employment.

(7) "Community integration services" means activities, special assistance, professional therapies, advocacy, and education individualized for persons with severe developmental disabilities for whom employment programs are not the most appropriate alternative.

(8) "Senior citizens services" means age-related programs for older individuals with developmental disabilities including, but not limited to, recreation/leisure activities, volunteer work, learning opportunities, and continuing education.

(9) "Respite care services" means services provided to developmentally disabled persons living with their family or foster families to give relief to parents either in home or out of home.

(10) "Integration" means the use by persons with developmental disabilities of the same community resources that are used and available to nonhandicapped persons.

(11) "Individual plan" means a written assessment of the needs and the types of support and habilitation services required to fulfill the needs for every individual eligible for developmental disabilities services. The plans include individual service plans and individual habilitation plans.

(12) "Residential program" means a facility-based program that provides habilitation, support, and supervision for developmentally disabled individuals including, but not limited to, group homes and institutions for the mentally retarded, levels C, D, and E.

(13) "Residential support services" means a nonfacility-based program that provides habilitation, support, and supervision to developmentally disabled individuals living in their own residences including, but not limited to, tenant support and alternative living.

(14) "Least restrictive setting or environment" means an environment that represents the least departure from the normal patterns of living experienced by persons without disabilities and which effectively meets the needs of the person with disabilities who will be receiving services.

(15) "Professional therapies" means physical, occupational, behavioral, psychological, communication, and other therapies.

(16) "Health services" means provision of medical and dental services not covered by the medicaid program and also includes purchase of medical and therapeutic equipment.

(17) "Transportation services" means purchased services for developmentally disabled individuals to get to and from necessary services, programs, or appointments.

(18) "Medically intensive home care services" means in-home care provided to individuals with developmental disabilities who would otherwise be hospitalized which includes, but is not limited to, parent training, continuous licensed nursing care, professional therapies, and medical equipment.

(19) "Case management services" means services which include, but are not limited to, assessment, planning, service brokering, client advocacy, follow-along, follow-up, crisis advocacy, and outreach for every individual eligible for developmental disabilities services who resides in the community.

(20) "Attendant care services" means personal service care delivered in home or in community which is on-going and permanent to the individual with developmental disabilities.

(21) "Durable equipment" means physically necessary equipment not provided by medicaid which includes, but is not limited to, wheelchairs, walkers, positioning devices, and respirators.

NEW SECTION. Sec. 4. Persons with developmental disabilities have the following fundamental rights:

(1) Individual rights. Unless an individual's rights are modified by court order, an individual with developmental disabilities shall have the same legal rights and responsibilities guaranteed to all other individuals under the federal and state constitution and under federal and state laws.

(2) The Washington state law against discrimination, chapter 49.60 RCW, shall fully apply for all persons with developmental disabilities.

(3) The receipt of services pursuant to this chapter shall not operate to deprive a person of any rights or privileges or cause the person to be declared legally incompetent or disabled.

(4) The right to adequate and appropriate health care, and protection from mistreatment, neglect, or abuse in any form.

(5) The right to engage in or refrain from religious belief, practice, and worship.

(6) The right to communicate frequently and privately with persons of the individual's own choice.

(7) The right to own and maintain personal property.

(8) The right to vote. Each person receiving services who is eligible to vote according to law has the right to vote. The secretary of state in cooperation with local voting officials, shall continue to carry out the provisions of chapter 29.57 RCW.

(9) To attempt, both individually and through appropriate group activity to influence public policy on the provisions of services for persons with disabilities.

(10) The right to confidentiality of information as provided in RCW 71.20.075.

(11) The right to fair employment practices in accordance with the United States department of labor regulations and applicable wage and hour laws.

(12) The right to choose his or her residence and specific habilitation and treatment services. This right shall be limited only when applied to services funded by the department.

(13) The right to be free from unnecessary and excessive medication and physical restraints. Medication or physical restraints shall not be used as punishment, for the convenience of staff, or as a substitute for individual plan goals. Medication may not be given in quantities that interfere with the implementation of such plan.

(14) The right to notice of the rights in this chapter, either in writing or in a manner which can be easily understood.

NEW SECTION. Sec. 5. To the extent that state, federal, or other funds designated for services to individuals with developmental disabilities are available, the department, in direct coordination and cooperation with the community boards, shall provide services that include, but are not limited to:

(1) Case management services;

(2) Family support services, such services shall include, but not be limited to, respite care, medically intensive home care and attendant care;

(3) Child development services;

(4) Community based residential options, including but not limited to: Residential support services and community residential programs;

(5) Vocational and employment related services;

(6) Day program services, which include but are not limited to community integration and senior citizens;

(7) Health services; and

(8) Support services, which include but are not limited to transportation, professional therapies, and durable equipment.

NEW SECTION. Sec. 6. The department shall promulgate rules which assure that:

Applications for services shall be made to the local division office. An evaluation shall be provided to determine whether an individual has developmental disabilities.

The department shall promulgate rules and establish a procedure and criteria for determining eligibility. Eligibility determinations shall be consistent with the definition of developmental disabilities uniform in nature, and applied throughout the state in a consistent and timely manner.

NEW SECTION. Sec. 7. The department shall promulgate rules to insure that the individual with developmental disabilities or the individual's guardian or limited guardian, where pertinent, has meaningful notification and opportunity to appeal any determinations on either eligibility or services.

NEW SECTION. Sec. 8. When it is determined by the department that a contracted service agency is not able to fulfill the terms of the contract that affect the health and safety of developmentally disabled individuals, the department shall intervene. The department shall intervene immediately by providing alternative services.

On provision of alternative services, the department shall immediately seek a similar permanent service within available resources for those individuals whose alternative placement is only temporary. The intent is to return the individuals to the living situation most like the previous contracted service. The department shall be the last service of choice in the provision of substituted contracted community services.

Sec. 9. Section 2, chapter 110, Laws of 1967 ex. sess. and RCW 71.20.020 are each amended to read as follows:

The governor is authorized and empowered to take whatever action is necessary to enable the state to participate in the manner set forth in this chapter in any programs provided by any federal law and to designate ((~~the state~~)) local governments and state agencies authorized to administer within this state the several federal acts providing federal moneys to assist in providing services and training in the state or local level for ((~~mentally retarded persons~~)) individuals with developmental disabilities, and personnel working with such persons. Such local governments and state agencies are authorized and empowered to apply for and accept and disburse federal grants, matching funds, or other funds or gifts or donations from any source available for use by the state or by communities to provide more adequate services, training and rehabilitation of ((~~the mentally retarded~~)) individuals with developmental disabilities.

Sec. 10. Section 3, chapter 110, Laws of 1967 ex. sess. as amended by section 181, chapter 3, Laws of 1983 and RCW 71.20.030 are each amended to read as follows:

Each state department or agency administering federal or state funds which provide services to ((~~the mentally retarded~~)) developmentally disabled persons, or research or staff training in the field of ((~~mental retardation~~)) developmental disabilities, shall:

(1) Investigate and determine the nature and extent of services within its legal authority which are presently available to ((~~mentally retarded~~)) developmentally disabled persons in this state;

(2) Develop and prepare any state plan or application which may be necessary to establish the eligibility of the state or any community to participate in any program established by the federal government relating to ((~~mentally retarded~~)) developmentally disabled persons;

(3) Cooperate with other state agencies providing services to ((~~the mentally retarded~~)) developmentally disabled persons to determine the availability of services and facilities within the state, and to coordinate state and local services in order to maximize services to ((~~mentally retarded~~)) developmentally disabled persons and their families;

(4) Review and approve proposed plans required to be submitted for the expenditure of funds in community ((~~mental retardation~~)) developmental disabilities services submitted by any community under the provisions of this chapter;

(5) Provide consultant and staff training for state and local personnel working in the field of ((~~mental retardation~~)) developmental disabilities.

Sec. 11. Section 4, chapter 110, Laws of 1967 ex. sess. as last amended by section 182, chapter 3, Laws of 1983 and RCW 71.20.040 are each amended to read as follows:

The county commissioners or county executive of any county or the boards of county commissioners or county executive of more than one county by joint action, ((~~are authorized to~~)) shall appoint a community board ((to plan services for the mentally retarded and other developmentally disabled, to provide directly or indirectly a continuum of care and services to mentally retarded and other developmentally disabled persons and their families, and to coordinate all of the local mental retardation and developmental disability services within the county or counties served by such community board)). Members to be appointed to the board shall include but not be limited to representatives of public, private or voluntary agencies, and local governmental units ((~~which participate in a program for mentally retarded and other developmentally disabled persons, and private~~)), citizens knowledgeable or interested in services to the ((~~mentally retarded and other~~)) developmentally disabled in the community, and persons with developmental disabilities, their legal guardians or responsible family members.

The board shall consist of not less than nine nor more than fifteen members who shall be appointed by the board or boards of county commissioners for three year terms, and until their successors are appointed and qualified. The members of the community board shall not be compensated for the performance of their duties as members of the community board, but may be paid subsistence rates and mileage in the amounts prescribed by RCW 42.24.090.

The department and the community board shall jointly develop and approve a plan, including cost, for services for individuals with developmental disabilities according to individual needs assessments. Service needs shall also be based upon reasonable projections of population.

Sec. 12. Section 9, chapter 110, Laws of 1967 ex. sess. as amended by section 7, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.090 are each amended to read as follows:

A community board provided for in RCW 71.20.040 as now or hereafter amended is authorized to receive and spend funds received from the state under this chapter, or any federal funds received through any state agency, or any gifts or donations received by it for the benefit of ((~~the mentally retarded or other developmentally disabled~~)) persons with developmental disabilities.

Sec. 13. Section 16, chapter 110, Laws of 1967 ex. sess. as last amended by section 183, chapter 3, Laws of 1983 and RCW 71.20.110 are each amended to read as follows:

In order to provide additional funds for the coordination of ((~~community mental retardation and other~~)) developmental ((~~disability~~)) disabilities services and to provide ((~~community mental retardation, other developmental disability, or~~)) developmental disabilities and mental health services, the board of county commissioners of each county in the state shall budget and levy annually a tax in a sum equal to the amount which would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property in the county to be used for such purposes: PROVIDED, That all or part of the funds collected from the tax levied for the purposes of this section may be transferred to the state of Washington, department of social and health services, for the purpose of obtaining federal matching funds to provide and coordinate ((~~community mental retardation, other~~)) developmental ((~~disability,~~)) disabilities and mental health services. In the event a county elects to transfer such tax funds to the state for this purpose, the state shall grant these moneys and the additional funds received as matching funds to service-providing community agencies or community boards in the county which has made such transfer, pursuant to the plan approved by the county, as provided by chapters 71.20, 71.24, and 71.28 RCW, all as now or hereafter amended.

The amount of a levy allocated to the purposes specified in this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 110, Laws of 1967 ex. sess. and RCW 71.20.010;

(2) Section 6, chapter 110, Laws of 1967 ex. sess., section 5, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.060;

(3) Section 7, chapter 110, Laws of 1967 ex. sess., section 6, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.070; and

(4) Section 8, chapter 110, Laws of 1967 ex. sess. and RCW 71.20.080.

NEW SECTION. Sec. 15. Nothing in this chapter creates or provides any individual with an entitlement to services or benefits. It is the intent of the legislature that services under this chapter shall be provided only to the extent of appropriations made by the legislature for the developmental disabilities in the department.

NEW SECTION. Sec. 16. Sections 1, 2, 4 through 8, and 15 of this act are each added to chapter 71.20 RCW.

NEW SECTION. Sec. 17. The department, in conjunction with the developmental disabilities planning council and the legislature, shall conduct a review of:

(1) The laws;

(2) The policies and procedures; and

(3) The rules and regulations;

governing state institutions and community programs serving individuals with developmental disabilities. This review shall also assess the adoption of the federal definition of developmental disabilities including the cost of such adoption.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.