AN ACT Relating to developmental disability community services; amending RCW 71.30.010, 71.30.020, and 71.30.030; and adding new sections to chapter 71.30 RCW.

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

Sec. 1. Section 1, chapter 145, Laws of 1983 and RCW 71.30.010 are each amended to read as follows:

The legislature recognizes the capacity of all citizens of the state, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to developmentally disabled citizens through a uniform, coordinated system of services to meet the needs of each person with developmental disabilities throughout his or her lifetime to enable them to receive a greater measure of independence and fulfillment and more fully enjoy their rights of citizenship.

Sec. 2. Section 2, chapter 145, Laws of 1983 and RCW 71.30.020 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.

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

(2) "Habilitative services" means services provided ((by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational efficiency. Habilitative services include education, training for employment, and therapy)) to assist individuals with developmental disabilities to acquire and maintain needed skills. Such services shall include, but not be limited to, vocational, educational, residential, life skills training, and therapies.

(3) "Developmental disability" means a disability as defined in RCW 71.20.016.

(4) "Support services" means services that enhance a developmentally disabled individual's health or well-being by providing either direct therapies or care to the individual and his or her parent or guardian or care provider.

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

(6) "Competitive job services" means to help a person with developmental disabilities obtain and continue employment in business and industry at minimum wage or better. These services shall include, but not be limited to, counseling to assist with job placement, placement, training at the work site, working with employers and other employees, or assisting clients in obtaining services necessary for continued employment, and shall continue on an ongoing basis.

(7) "Supportive job services" means the same services as competitive employment except it is only open to developmentally disabled individuals who are not able to meet minimum wage standards even after intensive training.

(8) "Group supported employment" means supervised employment in regular business and industry settings for groups of developmentally disabled individuals who have demonstrated need for ongoing supervision and support in order to maintain employment.

(9) "Specialized industries employment" means businesses organized and designed primarily to provide employment to persons with disabilities. Specialized industries employment provides training, job modifications, and job-related support needed for developmentally disabled persons to productively perform work.

(10) "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.

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

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

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

(14) "Individual service plan" means an annual written statement of community support and habilitation goals and objectives for each individual with developmental disabilities as defined in RCW 71.20.016.

(15) "Community residential setting" means a facility-based residential living arrangement operated by a profit or not-for-profit community agency in which developmentally disabled persons live with varying degrees of appropriate care and training. Such settings include but are not limited to group homes, institutions for the mentally retarded - level E, adult family care homes, congregate care facilities, and children's foster care.

(16) "Tenant support services" means a nonfacility-based program providing skill training and support to individuals living in their own homes. These services include, but are not limited to regular tenant support, intensive tenant support, and alternative living.

(17) "Least restrictive alternative" means a program or service that fosters independent living that is the least confining for the person's condition and where service and treatment are provided in the least intrusive manner reasonably and humanely appropriate to the individual's needs.

(18) "Professional therapies" includes, but is not limited to, physical, occupational, behavioral, psychological, and communication therapies.

(19) "Medical-dental services" means the provision of medical and dental services not covered by the Medicaid program and also includes the purchase of medical-therapeutic equipment.

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

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

(22) "Case management services" means services provided to every person eligible for developmental disabilities services. Case management services include, but are not limited to, assessment, planning, service brokering, client advocacy, follow-along, and follow-up.

(23) "Day care services" means services provided to people with developmental disabilities who live with their parents and whose parents must work outside the home.

NEW SECTION. Sec. 3. A new section is added to chapter 71.30 RCW to read as follows:

(1) No developmentally disabled person in this state may be denied as the result of such developmental disability the rights, benefits, and privileges guaranteed by the Constitution and laws of the United States and the Constitution and laws of the state of Washington. The rights of developmentally disabled persons that are specifically enumerated in this chapter are in addition to all other rights enjoyed by such persons.

(2) Every developmentally disabled person shall have the right to protection from exploitation and abuse on the basis of a developmental disability.

(3) Every developmentally disabled person who is provided residential care by the state shall have the right to live in the least restrictive alternative as determined by his or her individual service plan.

(4) Every developmentally disabled person shall have the right to determine where his or her residence will be and in which programs he or she will participate.

(5) Every developmentally disabled person shall have the right to participate in community integration.

(6) Every developmentally disabled person shall have the right to a written individual service plan with annual reviews of the plan.

(7) Every developmentally disabled person shall have the right to be free from unnecessary and excessive medication. Medication shall not be used as punishment, for the convenience of staff, as a substitute for individual service plan goals, or in quantities that interfere with the implementation of the plan.

(8) Every developmentally disabled person shall be given notice, written or in a manner that can be easily understood, of the rights in this chapter.

Sec. 4. Section 3, chapter 145, Laws of 1983 and RCW 71.30.030 are each amended to read as follows:

To the extent that state, federal, or other funds designated for services to developmentally disabled persons are available, the department shall provide every eligible developmentally disabled person with adequate support and habilitative services suited to the person's needs regardless of age or degree of developmental disability. These ((~~habilitative~~)) services shall ((provide developmentally disabled persons with the opportunity for integration with nonhandicapped and less handicapped persons to the greatest extent possible. No later than ninety days after July 24, 1983, the department, through the division of developmental disabilities, shall establish minimum standards that ensure habilitative services for every eligible developmentally disabled person. The department shall involve consumers, advocates, service providers, and appropriate professionals and local government agencies in the development of the standards)) be available throughout the state and shall include, but not be limited to:

(1) Case management;

(2) Child development;

(3) Respite care;

(4) Competitive job services;

(5) Supportive job services;

(6) Group supportive job services;

(7) Specialized industries employment;

(8) Community integration services;

(9) Community residential settings;

(10) Tenant support;

(11) Senior citizen services;

(12) Professional therapies;

(13) Medical-dental services;

(14) Transportation;

(15) Medically intensive home care services; and

(16) Day care services.

NEW SECTION. Sec. 5. A new section is added to chapter 71.30 RCW to read as follows:

An individual service plan shall be developed by case management staff and the individual and, if appropriate, the parent or guardian. The plan shall include, but not be limited to:

(1) An assessment of the developmentally disabled person's capabilities, needs, and potentials;

(2) Specific time-related objectives that are stated in measurable terms that allow measurement of progress;

(3) A schedule of the type and amount of services needed to achieve program objectives. This section of the plan shall include the signed approval of the secretary of the department or the secretary's designee allowing for the expenditure of funds for such services. If these services cannot be provided within available resources, the services shall be listed in the part of the plan that addresses needs assessment; and

(4) A section of the plan which shall address needs assessment currently not provided and needs assessment projected in a two-year plan.

This section shall keep such needs for services in a categorical manner, consistent with the service definitions in this chapter and shall reflect the rights and choices of the individual with a developmental disability and, if appropriate, his or her parent or guardian. Such categorical needs assessment shall be submitted on an annual basis to the legislature three months before the beginning of the legislative session.

NEW SECTION. Sec. 6. A new section is added to chapter 71.30 RCW to read as follows:

When it is determined by the department that a contracted service agency is not able to fulfill the terms of the contract, the department shall be responsible for the temporary continued provision of such service until another community agency can be located. On such assumption of service provision, the department shall immediately issue a request for proposal to similar existing community service providers and potential community service providers. The department shall be the last service of choice in the provision of contracted community services.