WSR 24-15-010
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed July 8, 2024, 8:12 a.m., effective July 11, 2024]
Effective Date of Rule: July 11, 2024.
Purpose: The development disabilities administration (DDA) is adopting new sections of rule on an emergency basis to implement E2SSB 5440 (2023), which directs the department of social and health services to develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability to available wraparound services and supports in community-based settings. Additional subsections were added to the chapter between the initial emergency filing and this subsequent emergency filing.
Citation of Rules Affected by this Order: New WAC 388-848-0010, 388-848-0020, 388-848-0030, 388-848-0040, 388-848-0050, 388-848-0060, 388-848-0090, 388-848-0100, 388-848-0110, 388-848-0120, 388-848-0130, 388-848-0150, 388-848-0160, 388-848-0170, and 388-848-0180.
Other Authority: RCW
10.77.060 (See ESSSB [E2SSB] 5440).
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: Enacting these rules on an emergency basis is necessary in order to implement the program established under ESSSB [E2SSB] 5440, which is intended for people in need of immediate support after being deemed incompetent or nonreformable in order to inform those individuals of services available and ensure preservation of their health and safety by providing necessary services as quickly as possible. This is the second emergency filing on these sections and is necessary to keep the rules enacted until DDA can complete the permanent rule-making process. DDA is progressing through the permanent process, see WSR 24-07-045. The draft rules are currently at external review for comment.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 15, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 15, 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 15, Amended 0, Repealed 0.
Date Adopted: July 8, 2024.
Katherine I. Vasquez
Rules Coordinator
SHS-5019.5
Chapter 388-848 WAC
CIVIL TRANSITIONS PROGRAM
NEW SECTION
WAC 388-848-0010What is the civil transitions program?
The civil transitions program is a voluntary program for people referred to the developmental disabilities administration by the behavioral health administration as a result of a determination that the person is not competent to stand trial under RCW
10.77.084 and not likely restorable due to a diagnosis of intellectual or developmental disability.
NEW SECTION
WAC 388-848-0020What definitions apply to this chapter?
The following definitions apply to this chapter:
"Client" means a person who has a developmental disability as defined in RCW
71A.10.020 and who has been determined eligible by DDA to receive services under chapter 388-823 WAC.
"Community first choice" or "CFC" is a Medicaid state plan program as defined in chapter 388-106 WAC.
"Conditional services" means supportive housing services and community first choice services that may be available to a participant on an interim basis while awaiting a DDA-eligibility determination. Conditional services are limited to funds allocated for the program's purpose.
"Conditionally eligible" means a status assigned to a civil transitions program participant while the person awaits a DDA eligibility determination.
"Developmental disability" is defined in RCW
71A.10.020.
"DDA" means the developmental disabilities administration within the department of social and health services.
"Participant" means a person receiving services through the civil transitions program.
"Supportive housing" means a combination of rental assistance and wraparound services administered by DDA and intended to stabilize and support participants to live successfully in the community.
"Supportive housing agreement" means a contract between the participant and the supportive housing provider that sets rules and expectations for living in the home.
"Termination" means an action taken by DDA that ends DDA eligibility, DDA services, or both.
"Wraparound services" means support that helps a participant by:
(1) Preparing for and transitioning to housing;
(2) Providing guidance to help the participant maintain tenancy once housing is secured; and
(3) Navigating community resources.
PROGRAM ELIGIBILITY AND REFERRAL
NEW SECTION
WAC 388-848-0030Who is eligible to enroll in the civil transitions program?
To be eligible for enrollment in the civil transitions program, a person must:
(1) Be determined not competent to stand trial and not likely restorable under RCW
10.77.084 due to an intellectual or developmental disability;
(2) Be referred to the developmental disabilities administration by the behavioral health administration; and
(3) Be one of the following:
(a) Not a current DDA client and apply for a DDA eligibility determination under chapter 388-823 WAC no more than 30 days after enrolling in the civil transitions program;
(b) A current DDA client who is not eligible for residential habilitation services under chapter 388-845 WAC; or
(c) A current DDA client who is eligible for residential habilitation services under chapter 388-845 WAC or residential services from an adult family home but is awaiting a service provider.
NEW SECTION
WAC 388-848-0040How does a supportive housing provider determine if they can safely meet a participant's needs?
To determine whether they can safely meet a participant's needs, the supportive housing provider reviews participant information, such as:
(1) The participant's referral packet;
(2) Information gathered from the participant, collateral contacts, or case manager; and
(3) Composition of participants currently supported in the provider's shared housing.
NEW SECTION
WAC 388-848-0050Is a single-person housing option available for a participant?
(1) If a participant requests supportive housing, a single-person housing option may be available when the original charge that made the participant eligible for the civil transitions program involved:
(a) Arson;
(b) A sexualized crime;
(c) Felony assault; or
(d) Murder.
(2) If the charge is sexual in nature or for a crime that resulted in the death of another person, DDA will review the charge to determine if it is safe for the person to share a home with other vulnerable adults or if a single-person housing option is appropriate and available.
NEW SECTION
WAC 388-848-0060How long after DDA receives a referral may a person enroll in the civil transitions program?
(1) After DDA contacts a person referred to the civil transitions program, the person has up to 90 days to enroll. For the purpose of this section, enrollment occurs on the earlier of:
(a) Submission of an eligibility application; or
(b) Authorization of a conditional service.
(2) If DDA is unable to contact the person, DDA will keep the referral active for 90 days.
(3) If the person declines DDA services, DDA will keep the referral active for 90 days.
NEW SECTION
WAC 388-848-0090What services are available to a civil transitions program participant?
(1) A participant who is not a DDA client upon program enrollment may request supportive housing services while awaiting an eligibility determination under chapter 388-823 WAC and is considered conditionally eligible.
(2) A participant who is not a DDA client upon program enrollment may request community first choice services under chapter 388-106 WAC while awaiting an eligibility determination under chapter 388-823 WAC.
(3) A participant who is a DDA client will be referred to DDA services for which the client may be eligible. If the client is unable to access residential habilitation services, the client may request supportive housing.
NEW SECTION
WAC 388-848-0100Are supportive housing services available everywhere in Washington state?
Supportive housing services are limited to areas of Washington state with contracted providers and support services available. A participant does not have a right to supportive housing services through the civil transitions program in any area of their choosing.
NEW SECTION
WAC 388-848-0110Must a participant sign a supportive housing agreement?
To receive supportive housing services, an eligible participant must sign a supportive housing agreement.
NEW SECTION
WAC 388-848-0120Are there limits to how long a participant may receive conditional services?
(1) If a participant is found ineligible for DDA services, the participant may continue to receive conditional services up to 90 days after the date the participant is found ineligible.
(a) If the participant has not acquired housing during the 90 days under subsection (1) of this section, DDA may approve up to 90 additional days of conditional services.
(b) If the participant is found ineligible for DDA services, the participant may receive conditional services for a maximum of six months after the start date of services.
(2) A participant who is a DDA client may receive:
(a) Supportive housing services through the civil transitions program for up to one year if appropriated funds are available; and
(b) Community first choice services as long as the client meets eligibility criteria under WAC 388-106-0277.
(3) DDA may extend supportive housing services beyond one year for a participant who is a DDA client if:
(a) The participant is in the process of transitioning to residential habilitation services or CFC residential services; and
(b) Appropriated funds are available.
NEW SECTION
WAC 388-848-0130When may DDA terminate a participant's supportive housing services?
DDA may terminate a participant's supportive housing services if:
(1) The participant has acquired housing or is receiving residential habilitation services through DDA;
(2) The participant no longer needs the service;
(3) The participant does not follow conditions of the supportive housing agreement;
(4) The participant fails to follow applicable rules, laws, or court orders; or
(5) Legislative funding for the civil transitions program is no longer available.
NEW SECTION
WAC 388-848-0150When may DDA terminate a participant's community first choice services?
DDA may terminate a participant's community first choice services if the participant is determined not DDA-eligible. The termination is effective the date supportive housing services end under WAC 388-848-0120.
NEW SECTION
WAC 388-848-0160Who can apply to become a wraparound services provider?
To apply to become a wraparound services provider, a person or entity must be one of the following DDA-contracted providers in good standing:
(1) An alternative living provider under chapter 388-829A WAC;
(2) A community engagement provider under WAC 388-845-0655;
(3) A foundational community supports provider under chapter 182-559 WAC; or
(4) A supported living, group home, or group training home provider under chapters 388-101 and 388-101D WAC.
NEW SECTION
WAC 388-848-0170Is a provider a mandatory reporter?
(1) A provider supporting a participant in the civil transitions program is a mandatory reporter under chapter
74.34 RCW.
(2) In addition to mandatory reports to agents under chapter
74.34 RCW, the provider must also report to DDA an incident involving a participant that includes an allegation of abuse, improper use of restraint, neglect, personal or financial exploitation, or abandonment.
ADMINISTRATIVE HEARING RIGHTS
NEW SECTION
WAC 388-848-0180Does a participant have a right to an administrative hearing?
A participant has a right to an administrative hearing in accordance with chapter 388-02 WAC and WAC 388-825-120 through 388-825-165.