WSR 19-16-070
ATTORNEY GENERAL'S OFFICE
[Filed July 31, 2019, 8:49 a.m.]
NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION
WASHINGTON ATTORNEY GENERAL
The Washington attorney general routinely publishes notice of an opportunity to comment for opinion requests that we receive from the heads of state agencies, state legislators, and county prosecuting attorneys if we anticipate publishing a formal opinion in response to the request. We do so in order to provide members of the public with a chance to provide any legal analysis that they would like us to consider as we develop our opinion. In preparing any comments, please be aware that our opinion will provide our considered legal analysis of the question presented, and therefore comments that address the interpretation of the law are more helpful than comments that express an opinion as to what the law should be.
If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by August 28, 2019. This is not the due date by which comments must be received, and we will consider any comments we receive before we complete our opinion. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by email to OpinionComments@atg.wa.gov or by writing to the Office of the Attorney General, Solicitor General Division, Attention Opinions Chief, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested, information about the attorney general's opinion process, information on how to submit your comments, and a due date by which your comments must be received to ensure that they are fully considered.
If you are interested in receiving notice of new formal opinion requests via email, you may visit the attorney general's web site at http://www.atg.wa.gov/ago%E2%80%90opinions for more information on how to join our AGO opinions list.
The attorney general's office seeks public input on the following opinion request(s):
Opinion Docket No. 19-07-01
Request by Christine Kilduff, Representative District 28
QUESTION(S):
1.May a local government prohibit or contest the release or less restrictive alternative placement of a person involuntarily committed to a state hospital or facility under RCW 71.05, 10.77, or 71.09 to a less restrictive setting, including an adult family home, when the person otherwise qualifies for release/LRA consistent with the Washington Law Against Discrimination?
2.If current statutes do not allow a local government to prohibit or contest the release or less restrictive alternative placement of a person involuntarily committed to a state hospital facility under RCW 71.05, 10.77, or 71.09 to a less restrictive setting, including an adult family home, when the person otherwise qualifies for release/LRA, would there be any clear impediment under the constitution or the Americans with Disabilities Act to legislation that would permit a local government to prohibit or contest such a release?