WSR 04-14-013

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 25, 2004, 4:14 p.m. , effective June 25, 2004 ]


Purpose: The emergency rule provides an alleged perpetrator in an adult protective services (APS) report the opportunity to request an administrative hearing to challenge a substantiated finding made on or after October 1, 2003.

A CR-102, proposed rule-making for adoption of permanent rules on this subject has also been filed as WSR 04-13-138, and public hearing is scheduled for July 27, 2004.

Citation of Existing Rules Affected by this Order: Amending WAC 338-71-0105.

Statutory Authority for Adoption: RCW 34.05.020, 74.08.090.

Other Authority: RCW 74.39.050, chapter 74.34 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: An emergency rule is necessary to preserve the due process rights of alleged perpetrators. This extension of WSR 04-06-039 is necessary while the department completes the permanent rule-making process. A proposed rule-making notice has been filed as WSR 04-13-138, and a public hearing has been scheduled for July 27, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: June 25, 2004.

Jim Schnellman

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3333.1
AMENDATORY SECTION(Amending WSR 00-03-029, filed 1/11/00, effective 2/11/00)

WAC 388-71-0105   What definitions apply to adult protective services and the personal aide registry?   In addition to the definitions found in chapter 74.34 RCW, the following definitions apply:

"Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.

"Finding" means the decision made by APS after an investigation regarding alleged abuse, abandonment, neglect, self-neglect or financial exploitation of a vulnerable adult.

"Legal representative" means a guardian appointed under chapter 11.88 RCW or individual named in a durable power of attorney as the attorney-in-fact as defined under chapter 11.94 RCW.

"Person or entity with a duty of care" includes, but is not limited to, the following:

(1) A guardian appointed under chapter 11.88 RCW; or

(2) A person or entity providing the basic necessities of life to vulnerable adults where:

(a) The person or entity is employed by or on behalf of the vulnerable adult; or

(b) The person or entity voluntarily agrees to provide, or has been providing, the basic necessities of life to the vulnerable adult on a continuing basis.

"Personal aide" as found in RCW 74.39.007.

"Self-directed care" as found in RCW 74.39.007.

"Substantiated finding" means the determination following an investigation by APS that, based on available information, it is more likely than not that abuse, abandonment, neglect, self-neglect or financial exploitation of a vulnerable adult did occur.

[Statutory Authority: RCW 74.08.090, 74.34.165, and 74.39A.050(9). 00-03-029, 388-71-0105, filed 1/11/00, effective 2/11/00.]


NEW SECTION
WAC 388-71-0116   Can an alleged perpetrator who is not a personal aide challenge an APS finding of abuse, abandonment, neglect or financial exploitation?   (1) An alleged perpetrator of abuse, abandonment, neglect or financial exploitation of a vulnerable adult, other than a personal aide, may request an administrative hearing under chapter 34.05 RCW and chapter 388-02 WAC to challenge a substantiated APS finding made on or after October 1, 2003.

(2) The alleged perpetrator must request an administrative hearing in writing within thirty days after the department mails a notice of a substantiated APS finding to the alleged perpetrator at the alleged perpetrator's last known mailing address.

(3) The right of personal aides to a hearing is described in WAC 388-71-0150 and 388-71-0155.

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