S-3974.2 _______________________________________________
SENATE BILL 6765
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State of Washington 56th Legislature 2000 Regular Session
By Senators Kline, Winsley, Wojahn, McDonald, Bauer and Costa
Read first time 01/26/2000. Referred to Committee on Health & Long‑Term Care.
AN ACT Relating to services and community placement for persons with developmental disabilities; amending RCW 71A.20.080 and 71A.12.010; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the United States supreme court has provided a clear legal framework directing states to enable individuals with developmental disabilities to live in community settings. In June of 1999, the United States supreme court, in the case of Olmstead v. L.C. ruled that it is a form of discrimination under the Americans with disabilities act when states fail to find placements for individuals with disabilities who are able and desire to live in a community setting, thus causing them to remain in an institutional setting. In making its ruling the court said, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." It is therefore the intent of the legislature, in compliance with the supreme court's decision, to make sure that persons with developmental disabilities are given every opportunity to live in community settings.
Sec. 2. RCW 71A.20.080 and 1989 c 175 s 143 are each amended to read as follows:
Whenever
in the judgment of the secretary, the treatment and training of any resident of
a residential habilitation center has progressed to the point that it is deemed
advisable to return such resident to the community, the secretary ((may))
shall grant placement on such terms and conditions as the secretary may
deem advisable after consultation in the manner provided in RCW 71A.10.070. A
team of skilled evaluators, including at least one regional case manager, shall
annually assess each resident to determine if he or she can be supported in a
community setting in accordance with RCW 71A.10.015. The secretary shall
give written notice of the decision to return a resident to the community as
provided in RCW 71A.10.060 or a decision to keep the resident in the
residential habilitation center. The notice must include a statement
advising the recipient of the right to an adjudicative proceeding under RCW
71A.10.050 and the time limits for filing an application for an adjudicative
proceeding. The notice must also include a statement advising the recipient of
the right to judicial review of an adverse adjudicative order as provided in
chapter 34.05 RCW.
A placement decision shall not be implemented at any level during any period during which an appeal can be taken or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently pursued.
The department of social and health services shall ((periodically))
annually evaluate ((at reasonable intervals)) the adjustment of
the resident to the specific placement ((to determine whether the resident
should be continued in the placement or returned to the institution or given a
different placement)), whether in a residential habilitation center or
in a community setting. The evaluation shall include regular on-site visits to
observe the resident's living situation and all supports, including health
services and vacation or day programs. Any person who is found to be in a
setting that is unsafe or inappropriate shall be promptly transferred to a
setting where his or her needs will be met.
Sec. 3. RCW 71A.12.010 and 1988 c 176 s 201 are each amended to read as follows:
It
is declared to be the policy of the state to authorize the secretary to develop
and coordinate state services for persons with developmental disabilities; to
((encourage)) require research and staff training for state and
local personnel working with persons with developmental disabilities; and to
cooperate with communities to encourage the establishment and development of
services to persons with developmental disabilities through locally
administered and locally controlled programs.
The complexities of developmental disabilities require the services of many state departments as well as those of the community. Services should be planned and provided as a part of a continuum. A pattern of facilities and services should be established, within appropriations designated for this purpose, which is sufficiently complete to meet the needs of each person with a developmental disability regardless of age or degree of handicap, and at each stage of the person's development. All services shall be adequately monitored annually for safety and quality.
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