WSR 08-20-118

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 30, 2008, 4:09 p.m. , effective October 31, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The division of developmental disabilities is creating a new chapter 388-831 WAC, Community protection program, to implement ESSB 6630, Laws of 2006. This chapter codifies the rules relating to the administration of the community protection program as directed by the legislature.

Citation of Existing Rules Affected by this Order:

WAC Effect of Rule
388-831-0010 Definitions Adds definitions used in this chapter.
388-831-0020 Defines the community protection program (CPP).
388-831-0030 Defines individuals with community protection issues.
388-831-0040 Defines who is covered by these rules.
388-831-0050 Defines the steps necessary to receive services.
388-831-0060 Defines what is contained in the assessment.
388-831-0065 Defines what happens for refusal to participate in the assessment.
388-831-0070 Describes what information will be given to individuals considered for placement in the CPP.
388-831-0080 Describes the notification requirement to individuals who are appropriate for placement in the CPP.
388-831-0090 Describes the notification requirement to individuals who cannot be managed successfully in the CPP.
388-831-0100 Explains how to apply for the CPP.
388-831-0110 Describes what information will be shared with others.
388-831-0120 Describes what the services will be.
388-831-0130 Describes the services available in the CPP.
388-831-0150 Defines who can provide therapy.
388-831-0160 Describes the services available for individuals who refuse placement in the CPP.
388-831-0200 Defines how often progress will be reviewed.
388-831-0210 Defines what is included in the review of progress.
388-831-0220 Defines when placement in a less restrictive setting may be considered.
388-831-0230 Describes the process to move to a less restrictive setting.
388-831-0240 Defines when termination from the CPP may occur.
388-831-0250 Describes that participation in the CPP is voluntary but limits the services available if this occurs.
388-831-0260 Defines where the enforcement rules against a provider of residential services and support may be found.
388-831-0300 Defines the appeal rights for individuals receiving services through the CPP waiver.
388-831-0400 Clarifies that nothing in these rules create an entitlement to placement on the CPP waiver.

Statutory Authority for Adoption: RCW 71A.12.030.

Other Authority: ESSB 6630, Laws of 2006.

Adopted under notice filed as WSR 08-16-123 on August 5, 2008.

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 25, 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 0, Amended 0, 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 25, Amended 0, Repealed 0.

Date Adopted: September 29, 2008.

Stephanie E. Schiller

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 08-21 issue of the Register.

Washington State Code Reviser's Office