S-3060.2          _______________________________________________

                                 SENATE BILL 6097

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators Roach, Johnson and L. Smith

Read first time 01/15/92.  Referred to Committee on Children & Family Services.Creating a complaint resolution process for persons with developmental disabilities who apply for or receive services from the department of social and health services.

     AN ACT Relating to persons with developmental disabilities; adding a new section to chapter 71A.10 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.      It is the intent of the legislature that  timely and fair procedures for resolution of grievances with the department of social and health services be provided to persons with developmental disabilities, or their legal representatives.  Grievances should be resolved at the lowest departmental level possible.  However, all levels of the department involved in the grievance should be held accountable and responsible to individuals who are experiencing difficulties with the department's services or decisions.

NEW SECTION. Sec. 2.  A new section is added to chapter 71A.10 RCW to read as follows:

     In addition to the appeals process provided for in RCW 71A.10.050, the department shall develop and implement, by July 1, 1992, a formal complaint resolution process to be used by an applicant for services, recipient of services, or his or her legal representative who has complaints regarding a policy of a division of the department or procedure or application of a division policy or procedure.

     The department shall inform applicants for services, recipients of services, or their legal representatives of the availability of the complaint resolution process and how to access it, in the same priority set forth in RCW 71A.10.060.  The department shall incorporate information regarding the complaint resolution process into training for foster parents, employees of the division of developmental disabilities, and other department personnel as appropriate.  The department shall also notify its service contractors of the process and require cooperation with it as a condition of future contracts.

     Any applicant for services, recipient of services, or his or her legal representative who uses the complaint resolution process and who is subjected to any reprisal or retaliatory action by the department, undertaken after the complainant makes his or her complaint known to the department may seek judicial review of the reprisal or retaliatory action in superior court.  In such action, the reviewing court may award reasonable attorneys' fees to the prevailing party.

     Thirty days following the completion of the department's complaint resolution process, unless an agreed extension exists, the applicant for services or recipient of services, or his or her legal representative may file for an adjudicative proceeding under chapter 34.05 RCW.

     The department shall compile complaint resolution data including about whom a complaint was made, by whom, and the outcome of the complaint.  The department shall submit semiannual reports, due January and July of each year, beginning in January 1993, to the senate children and family services committee and the house of representatives human services committee.

     The dispute resolution process in this section is in addition to other available legal remedies.