S-4102.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 6260

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Roach and Erwin)

Read first time 02/11/92.Including fetal alcohol syndrome and fetal alcohol effect in the definition of developmental disability.

     AN ACT Relating to defining developmental disability; amending RCW 71A.10.020; and creating a new section.

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

     Sec. 1.  RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

     As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

     (1) "Department" means the department of social and health services.

     (2) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, fetal alcohol syndrome or fetal alcohol effect, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.  By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole ((determinate [determinant])) determinant of these conditions, and notify the legislature of this action.

     (3) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

     (4) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning.  Habilitative services include education, training for employment, and therapy.

     (5) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

     (6) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

     (7) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

     (8) "Secretary" means the secretary of social and health services or the secretary's designee.

     (9) "Service" or "services" means services provided by state or local government to carry out this title.

NEW SECTION. Sec. 2.      If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1992, in the omnibus appropriations act, this act shall be null and void.