[atlas:bill]

AN ACT Relating to community-based services for persons with developmental disabilities; amending RCW 71A.12.010, 71A.12.120, 71A.14.030, 71A.14.040, 71A.14.050, 71A.14.060, 71A.14.070, 71A.14.080, and 71A.14.090; and adding a new section to chapter 71A.14 RCW.

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

Sec. 1. 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 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~~)) establish and develop 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.

Sec. 2. RCW 71A.12.120 and 1988 c 176 s 212 are each amended to read as follows:

(1) The governor may take whatever action is necessary to enable the state to participate in the manner set forth in this title in any programs provided by any federal law and to designate state agencies authorized to administer within this state the several federal acts providing federal moneys to assist in providing services and training at the state or local level for persons with developmental disabilities and for persons who work with persons with developmental disabilities.

(2) Designated state agencies may apply for and accept and disburse federal grants, matching funds, or other funds or gifts or donations from any source available for use by the state or by local government or association of retarded citizens to provide more adequate services for and habilitation of persons with developmental disabilities.

NEW SECTION. Sec. 3. A new section is added to chapter 71A.14 RCW to read as follows:

The legislature finds that local communities can best administer funding for community-based services to persons with developmental disabilities. The legislature finds that county governments and associations for retarded citizens are the entities best qualified to administer these local funds and services. The legislature declares its intent that all appropriations for community-based services shall be administered by either the local county government or local association of retarded citizens, under contract with the secretary. Such contracts shall be executed pursuant to the provisions of RCW 71A.14.030 and 71A.14.040.

Sec. 4. RCW 71A.14.030 and 1988 c 176 s 303 are each amended to read as follows:

Pursuant to RCW 71A.14.040 the secretary shall work with the county governing authorities ((~~and~~)), developmental disability boards, and associations of retarded citizens, who apply for state funds to coordinate and provide local services for persons with developmental disabilities and their families. The secretary ((~~is authorized to promulgate~~)) shall adopt rules establishing the eligibility of each county ((~~and~~)), the developmental disability board, and association of retarded citizens for state funds to be used ((~~for the work of the board in coordinating and providing~~)) to coordinate and provide services to persons with developmental disabilities and their families. In developing these rules, the secretary shall give weight to the efficiency of the proposal as demonstrated through minimized administrative costs and maximized numbers of persons served. The secretary shall give weight to the effectiveness of the proposal as demonstrated by outcome measures. In the case of county governing authorities and developmental disability boards, an application for state funds shall be made by the board with the approval of the county governing authority, or by the county governing authority on behalf of the board. In the case of associations of retarded citizens, an application for state funds shall be made by the local association with the approval of its board.

Sec. 5. RCW 71A.14.040 and 1988 c 176 s 304 are each amended to read as follows:

The secretary shall review the applications from the county governing authority and association of retarded citizens made under RCW 71A.14.030. The secretary ((~~may~~)) shall approve an application if it meets the requirements of this chapter and the rules ((~~promulgated~~)) adopted by the secretary. The amount of the contract shall be the same as the funding administered by the secretary for community-based services to persons with developmental disabilities in each county during fiscal years 2001 and 2002. The secretary shall ((~~promulgate~~)) adopt rules to assist in determining the ((~~amount of the grant~~)) distribution of any funding increase or decrease appropriated to the department in subsequent fiscal years. In ((~~promulgating~~)) adopting the rules, the secretary shall consider the population of the area served, the needs of the area, and the ability of the community to provide funds for the developmental disability program provided in this title.

Sec. 6. RCW 71A.14.050 and 1988 c 176 s 305 are each amended to read as follows:

The department may require by rule that in order to be eligible for state funds, the county ((~~and~~)), the developmental disability board, and the association of retarded citizens shall provide the following indirect services to the community:

(1) Serve as an informational and referral agency within the community for persons with developmental disabilities and their families;

(2) Coordinate all local services for persons with developmental disabilities and their families to insure the maximum utilization of all available services;

(3) Prepare comprehensive plans for present and future development of services and for reasonable progress toward the coordination of all local services to persons with developmental disabilities.

Sec. 7. RCW 71A.14.060 and 1988 c 176 s 306 are each amended to read as follows:

The secretary by rule may authorize the county ((~~and~~)), the developmental disability board, and the association of retarded citizens to provide any service for persons with developmental disabilities that the department is authorized to provide, except for operating residential habilitation centers under chapter 71A.20 RCW.

Sec. 8. RCW 71A.14.070 and 1988 c 176 s 307 are each amended to read as follows:

In order for the developmental disability board or association of retarded citizens to plan, coordinate, and provide required services for persons with developmental disabilities, the county governing authority and the board or association of retarded citizens shall be eligible to obtain such confidential information from public or private schools and the department as is necessary to accomplish the purposes of this chapter. Such information shall be kept in accordance with state law and rules ((~~promulgated~~)) adopted by the secretary under chapter 34.05 RCW to permit the use of the information to coordinate and plan services. All persons permitted to have access to or to use such information shall sign an oath of confidentiality, substantially as follows:

"As a condition of obtaining information from (fill in facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of using such confidential information, where release of such information may possibly make the person who received such services identifiable. I recognize that unauthorized release of confidential information may subject me to civil liability under state law."

Sec. 9. RCW 71A.14.080 and 1988 c 176 s 308 are each amended to read as follows:

The county governing authority ((~~and~~)), the developmental disability board created under RCW 71A.14.020, and associations of retarded citizens are authorized to receive and spend funds received from the state under this chapter, or any federal funds received through any state agency, or any gifts or donations received by it for the benefit of persons with developmental disabilities.

Sec. 10. RCW 71A.14.090 and 1988 c 176 s 309 are each amended to read as follows:

RCW 71A.12.120 authorizes local governments and associations of retarded citizens to participate in federal programs for persons with developmental disabilities.