BILL REQ. #: H-2940.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 04/16/2003. Referred to Committee on Appropriations.
AN ACT Relating to services for persons with developmental disabilities; amending RCW 13.34.160, 13.34.270, 74.13.031, 74.13.350, 74.20A.030, 71A.10.020, 71A.10.030, 71A.10.050, 71A.12.020, 71A.12.040, 71A.12.050, 71A.12.090, 71A.18.010, 71A.18.020, 71A.18.030, 71A.18.050, 35.82.285, 71A.20.010, and 84.36.042; adding new sections to chapter 71A.18 RCW; adding a new section to chapter 71A.10 RCW; creating a new section; repealing RCW 71A.10.010, 71A.10.800, 71A.10.805, 71A.10.900, 71A.10.901, 71A.10.902, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and 71A.16.010; providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the number of
individuals with a developmental disability is increasing. This
growth, along with economic and social changes, presents opportunities
for the development of long-term community services and creates a need
for different approaches to long-term service programs. The
legislature recognizes that the primary resource for long-term support
continues to be family. However, family caregivers are increasingly
employed outside the home. In addition, many families continue to
support their sons and daughters when they are no longer legally
obligated to do so. The legislature finds that supporting caregivers
in a collaborative fashion can keep families together, prevent out-of-home placements, and leverage public and private support for people
with a developmental disability.
The legislature further finds the delivery of services to persons
with developmental disabilities should be prioritized based upon an
individual needs assessment. Limited state resources should be
allocated in a manner that complements and supports the use of
individual family and natural supports, enabling the individual to be
independent and not reliant upon institutional or residential care
services until such time as these services are required in order to
reasonably assure the health and safety of the individual.
It is the intent of the legislature that the provisions of this act
shall be applied to individuals currently and prospectively receiving
services under Title 71A RCW. The immediate implementation of this act
is necessary for the support of state government and its institutions
and programs.
Sec. 2 RCW 13.34.160 and 1997 c 58 s 505 are each amended to read
as follows:
(1) In an action brought under this chapter, the court may inquire
into the ability of the parent or parents of the child to pay child
support and may enter an order of child support as set forth in chapter
26.19 RCW. The court may enforce the same by execution, or in any way
in which a court of equity may enforce its decrees. All child support
orders entered pursuant to this chapter shall be in compliance with the
provisions of RCW 26.23.050.
(2) For purposes of this section, if a dependent child's parent is
an unmarried minor parent or pregnant minor applicant, then the parent
or parents of the minor shall also be deemed a parent or parents of the
dependent child. However, liability for child support under this
subsection only exists if the parent or parents of the unmarried minor
parent or pregnant minor applicant are provided the opportunity for a
hearing on their ability to provide support. Any child support order
requiring such a parent or parents to provide support for the minor
parent's child may be effective only until the minor parent reaches
eighteen years of age.
(3) In the absence of a court order setting support, the department
may establish an administrative order for support upon receipt of a
referral or application for support enforcement services.
Sec. 3 RCW 13.34.270 and 2000 c 122 s 33 are each amended to read
as follows:
(1) Whenever the department places a child with a developmental
disability in out-of-home care pursuant to RCW 74.13.350, the
department shall obtain a judicial determination within one hundred
eighty days of the placement that continued placement is in the best
interests of the child. If the child's out-of-home placement ends
before one hundred eighty days have elapsed, no judicial determination
is required.
(2) To obtain the judicial determination, the department shall file
a petition alleging that there is located or residing within the county
a child who has a developmental disability and that the child has been
placed in out-of-home care pursuant to RCW 74.13.350. The petition
shall request that the court review the child's placement, make a
determination whether continued placement is in the best interests of
the child, and take other necessary action as provided in this section.
The petition shall contain the name, date of birth, and residence of
the child and the names and residences of the child's parent or legal
guardian who has agreed to the child's placement in out-of-home care.
Reasonable attempts shall be made by the department to ascertain and
set forth in the petition the identity, location, and custodial status
of any parent who is not a party to the placement agreement and why
that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall
schedule the petition for a hearing to be held no later than fourteen
calendar days after the petition has been filed. The department shall
provide notification of the time, date, and purpose of the hearing to
the parent or legal guardian who has agreed to the child's placement in
out-of-home care. The department shall also make reasonable attempts
to notify any parent who is not a party to the placement agreement, if
the parent's identity and location is known. Notification under this
section may be given by the most expedient means, including but not
limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the child as
provided in RCW 13.34.100, unless the court for good cause finds the
appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this
section. At the hearing, the court shall review whether the child's
best interests are served by continued out-of-home placement and
determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing
shall be held in all cases where the child has remained in out-of-home
care for at least nine months and an adoption decree or guardianship
order under chapter 11.88 RCW has not previously been entered. The
hearing shall take place no later than twelve months following
commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall
be held in all cases where the child has remained in out-of-home care
for at least fifteen months and an adoption decree or guardianship
order under chapter 11.88 RCW has not previously been entered. The
hearing shall take place no later than eighteen months following
commencement of the current placement episode.
(c) No later than ten working days before the permanency planning
hearing, the department shall submit a written permanency plan to the
court and shall mail a copy of the plan to all parties. The plan shall
be directed toward securing a safe, stable, and permanent home for the
child as soon as possible. The plan shall identify one of the
following outcomes as the primary goal and may also identify additional
outcomes as alternative goals: Return of the child to the home of the
child's parent or legal guardian; adoption; guardianship; or long-term
out-of-home care, until the child is age eighteen, with a written
agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved
before the permanency planning hearing, the court shall review the
child's status to determine whether the placement and the plan for the
child's care remains appropriate. In cases where the primary
permanency planning goal has not been achieved, the court shall inquire
regarding the reasons why the primary goal has not been achieved and
determine what needs to be done to make it possible to achieve the
primary goal.
(e) Following the first permanency planning hearing, the court
shall hold a further permanency planning hearing in accordance with
this section at least once every twelve months until a permanency
planning goal is achieved or the voluntary placement agreement is
terminated.
(6) Any party to the voluntary placement agreement may terminate
the agreement at any time. Upon termination of the agreement, the
child shall be returned to the care of the child's parent or legal
guardian, unless the child has been taken into custody pursuant to RCW
13.34.050 or 26.44.050, placed in shelter care pursuant to RCW
13.34.060, or placed in foster care pursuant to RCW 13.34.130. The
department shall notify the court upon termination of the voluntary
placement agreement and return of the child to the care of the child's
parent or legal guardian. Whenever a voluntary placement agreement is
terminated, an action under this section shall be dismissed.
(7) When state or federal funds are expended for the care and
maintenance of a child with a developmental disability, whether placed
in care as a result of an action under this chapter or a voluntary
placement agreement, the department shall refer the case to the
division of child support, unless the department finds that there is
good cause not to pursue collection of child support against the parent
or parents of the child.
(8) This section does not prevent the department from filing a
dependency petition if there is reason to believe that the child is a
dependent child as defined in RCW 13.34.030. An action filed under
this section shall be dismissed upon the filing of a dependency
petition regarding a child who is the subject of the action under this
section.
Sec. 4 RCW 74.13.031 and 2001 c 192 s 1 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency: PROVIDED, That
an investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the child's
parents, legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law enforcement
agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine basis,
to assure the safety, well-being, and quality of care being provided is
within the scope of the intent of the legislature as defined in RCW
74.13.010 and 74.15.010, and annually submit a report measuring the
extent to which the department achieved the specified goals to the
governor and the legislature.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, and to provide for the physical care of such children and
make payment of maintenance costs if needed. Except where required by
Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency
which receives children for adoption from the department shall
discriminate on the basis of race, creed, or color when considering
applications in their placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) Establish a children's services advisory committee which shall
assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.
(10) Have authority to provide continued foster care or group care
for individuals from eighteen through twenty years of age to enable
them to complete their high school or vocational school program.
(11) Refer cases to the division of child support whenever state or
federal funds are expended for the care and maintenance of a child,
including a child with a developmental disability, whether placed as a
result of an action under chapter 13.34 RCW or a voluntary placement
agreement, unless the department finds that there is good cause not to
pursue collection of child support against the parent or parents of the
child.
(12) Have authority within funds appropriated for foster care
services to purchase care for Indian children who are in the custody of
a federally recognized Indian tribe or tribally licensed child-placing
agency pursuant to parental consent, tribal court order, or state
juvenile court order; and the purchase of such care shall be subject to
the same eligibility standards and rates of support applicable to other
children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(((12))) (13) Within amounts appropriated for this specific
purpose, provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((13))) (14) Have authority to provide independent living services
to youths, including individuals eighteen through twenty years of age,
who are or have been in foster care.
Sec. 5 RCW 74.13.350 and 1998 c 229 s 1 are each amended to read
as follows:
It is the intent of the legislature that parents are responsible
for the care and support of children with developmental disabilities.
The legislature recognizes that, because of the intense support
required to care for a child with developmental disabilities, the help
of an out-of-home placement may be needed. It is the intent of the
legislature that, when the sole reason for the out-of-home placement is
the child's developmental disability, such services be offered by the
department to these children and their families through a voluntary
placement agreement. In these cases, the parents shall retain legal
custody of the child.
As used in this section, "voluntary placement agreement" means a
written agreement between the department and a child's parent or legal
guardian authorizing the department to place the child in a licensed
facility. Under the terms of this agreement, the parent or legal
guardian shall retain legal custody and the department shall be
responsible for the child's placement and care. The agreement shall at
a minimum specify the legal status of the child and the rights and
obligations of the parent or legal guardian, the child, and the
department while the child is in placement. The agreement must be
signed by the child's parent or legal guardian and the department to be
in effect, except that an agreement regarding an Indian child shall not
be valid unless executed in writing before the court and filed with the
court as provided in RCW 13.34.245. Any party to a voluntary placement
agreement may terminate the agreement at any time. Upon termination of
the agreement, the child shall be returned to the care of the child's
parent or legal guardian unless the child has been taken into custody
pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant
to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.
As used in this section, "out-of-home placement" and "out-of-home
care" mean the placement of a child in a foster family home or group
care facility licensed under chapter 74.15 RCW.
Whenever the department places a child in out-of-home care under a
voluntary placement pursuant to this section, the department shall have
the responsibility for the child's placement and care. The department
shall develop a permanency plan of care for the child no later than
sixty days from the date that the department assumes responsibility for
the child's placement and care. Within the first one hundred eighty
days of the placement, the department shall obtain a judicial
determination pursuant to RCW 13.04.030(1)(j) and 13.34.270 that the
placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no
judicial determination under RCW 13.04.030(1)(b) is required. The
permanency planning hearings shall review whether the child's best
interests are served by continued out-of-home placement and determine
the future legal status of the child.
The department shall provide for periodic administrative reviews as
required by federal law. A review may be called at any time by either
the department, the parent, or the legal guardian.
Nothing in this section shall prevent the department from filing a
dependency petition if there is reason to believe that the child is a
dependent child as defined in RCW 13.34.030.
The department shall adopt rules providing for the implementation
of chapter 386, Laws of 1997 and the transfer of responsibility for
out-of-home placements from the dependency process under chapter 13.34
RCW to the process under this chapter.
It is the intent of the legislature that the department undertake
voluntary out-of-home placement in cases where the child's
developmental disability is such that the parent, guardian, or legal
custodian is unable to provide the necessary care for the child, and
the parent, guardian, or legal custodian has determined that the child
would benefit from placement outside of the home. If the department
does not accept a voluntary placement agreement signed by the parent,
a petition may be filed and an action pursued under chapter 13.34 RCW.
The department shall inform the parent, guardian, or legal custodian in
writing of their right to civil action under chapter 13.34 RCW.
Nothing in this section prohibits the department from seeking
support from parents of a child when state or federal funds are
expended for the care and maintenance of that child, including a child
with a developmental disability, or when the department receives an
application for services from the physical custodian of the child,
unless the department finds that there is good cause not to pursue
collection of child support against the parent or parents.
Sec. 6 RCW 74.20A.030 and 2000 c 86 s 7 are each amended to read
as follows:
(1) The department shall be subrogated to the right of any
dependent child or children or person having the care, custody, and
control of said child or children, if public assistance money is paid
to or for the benefit of the child, or for the care and maintenance of
a child, including a child with a developmental disability, under a
state-funded program, or a program funded under Title IV-A or IV-E of
the federal social security act as amended by the personal
responsibility and work opportunity reconciliation act of 1996, to
prosecute or maintain any support action or execute any administrative
remedy existing under the laws of the state of Washington to obtain
reimbursement of moneys expended, based on the support obligation of
the responsible parent established by a child support order.
Distribution of any support moneys shall be made in accordance with RCW
26.23.035.
(2) The department may initiate, continue, maintain, or execute an
action to establish, enforce, and collect a support obligation,
including establishing paternity and performing related services, under
this chapter and chapter 74.20 RCW, or through the attorney general or
prosecuting attorney under chapter 26.09, 26.18, 26.20, 26.21, 26.23,
or 26.26 RCW or other appropriate statutes or the common law of this
state, for so long as and under such conditions as the department may
establish by regulation.
(3) Public assistance moneys shall be exempt from collection action
under this chapter except as provided in RCW 74.20A.270.
(4) ((No collection action shall be taken against parents of
children eligible for admission to, or children who have been
discharged from a residential habilitation center as defined by RCW
71A.10.020(8). For the period July 1, 1993, through June 30, 1995, a
collection action may be taken against parents of children with
developmental disabilities who are placed in community-based
residential care. The amount of support the department may collect
from the parents shall not exceed one-half of the parents' support
obligation accrued while the child was in community-based residential
care.)) The child support obligation shall be calculated pursuant to
chapter 26.19 RCW.
Sec. 7 RCW 71A.10.020 and 1998 c 216 s 2 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) "Community residential support services," or "community support
services," and "in-home services" means one or more of the services
listed in RCW 71A.12.040.
(2) "Department" means the department of social and health
services.
(3) "Developmental disability" means a disability attributable to
mental retardation, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the
((secretary)) department to be closely related to mental retardation or
to require treatment similar to that required for individuals with
mental retardation, which disability or other neurological or other
condition originates before the individual attains age eighteen, and
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 determinant of these
conditions, and notify the legislature of this action.)) (4) "Habilitative services" means those services ((
(4) "Eligible person" means a person who has been found by the
secretary under RCW 71A.16.040 to be eligible for services.
(5)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, supported employment, and therapy.
(((6))) (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) "Natural supports" means the provision of nonpaid assistance,
support, or care which is conducted by mutual agreement between a
person with a developmental disability and any entity in the community
including, but not limited to, family, friends, neighbors, civic
groups, or religious organizations.
(7) "Notice" or "notification" of an action of the secretary means
notice in compliance with RCW 71A.10.060.
(8) "Residential habilitation center" means a state-operated
facility for persons with developmental disabilities governed by
chapter 71A.20 RCW.
(9) "Secretary" means the secretary of social and health services
or the secretary's designee.
(10) "Service" or "services" means services provided by state or
local government to carry out this title.
(11) "Vacancy" means an opening at a residential habilitation
center, which when filled, would not require the center to exceed its
((biannually [biennially])) biennially budgeted capacity.
Sec. 8 RCW 71A.10.030 and 1988 c 176 s 103 are each amended to
read as follows:
(1) The existence of developmental disabilities does not affect the
civil rights of the person with the developmental disability except as
otherwise provided by law.
(2) ((The secretary's determination under RCW 71A.16.040 that a
person is eligible for services under this title shall not deprive the
person of any civil rights or privileges. The secretary's
determination alone shall not constitute cause to declare the)) A
person ((to be)) is not legally incompetent solely because he or she is
receiving services under this title.
(3) The department shall emphasize to the persons and entities it
contracts with the importance of recognizing the rights of a person
with a developmental disability referenced in 42 U.S.C. Sec. 15009.
The department shall require contractees to post these rights and make
them readily available to persons who have a developmental disability.
(4) This title shall not be construed to deprive the parent or
parents of any parental rights with relation to a child residing in a
residential habilitation center, except as provided in this title for
the orderly operation of such residential habilitation centers.
Sec. 9 RCW 71A.10.050 and 1989 c 175 s 138 are each amended to
read as follows:
(1) An applicant or recipient or former recipient of a
developmental disabilities service under this title from the department
of social and health services has the right to appeal the following
department actions:
(a) A denial of ((an application for eligibility under RCW
71A.16.040)) a determination that a person has a developmental
disability;
(b) An unreasonable delay in acting on an application ((for
eligibility,)) for a service((,)) or for an alternative service under
RCW 71A.18.040;
(c) A denial, reduction, or termination of a service;
(d) A claim that the person owes a debt to the state for an
overpayment;
(e) A disagreement with an action of the secretary under RCW
71A.10.060 or 71A.10.070;
(f) A decision to return a resident of ((an [a])) a habilitation
center to the community; and
(g) A decision to change a person's placement from one category of
residential services to a different category of residential services.
The adjudicative proceeding is governed by the Administrative
Procedure Act, chapter 34.05 RCW.
(2) This subsection applies only to an adjudicative proceeding in
which the department action appealed is a decision to return a resident
of a habilitation center to the community. The resident or his or her
representative may appeal on the basis of whether the specific
placement decision is in the best interests of the resident. When the
resident or his or her representative files an application for an
adjudicative proceeding under this section the department has the
burden of proving that the specific placement decision is in the best
interests of the resident.
(3) When the department takes any action described in subsection
(1) of this section it shall give notice as provided by RCW 71A.10.060.
The notice must include a statement advising the recipient of the right
to an adjudicative proceeding and the time limits for filing an
application for an adjudicative proceeding. Notice of a decision to
return a resident of a habilitation center to the community under RCW
71A.20.080 must also include a statement advising the recipient of the
right to file a petition for judicial review of an adverse adjudicative
order as provided in chapter 34.05 RCW.
Sec. 10 RCW 71A.12.020 and 1988 c 176 s 202 are each amended to
read as follows:
(1) ((To the extent that state, federal, or other funds designated
for services to persons with developmental disabilities are available,
the secretary shall provide every eligible person with habilitative
services suited to the person's needs, regardless of age or degree of
developmental disability.)) The secretary shall provide persons who receive services with
the opportunity for integration with ((
(2)nonhandicapped and less
handicapped persons)) people without disabilities to the greatest
extent possible.
(((3))) (2) The secretary shall establish minimum standards for
((habilitative)) services through the development of a quality
assurance system. Consumers, advocates, service providers, appropriate
professionals, and local government agencies shall be involved in the
development of the standards.
Sec. 11 RCW 71A.12.040 and 1988 c 176 s 204 are each amended to
read as follows:
Services that the secretary may provide or arrange with others to
provide, or the individual may self-direct, under this title include,
but are not limited to:
(1) Architectural services;
(2) Case management services;
(3) Early childhood intervention;
(4) Employment services, including supported employment;
(5) Family counseling;
(6) Family support;
(7) Information and referral;
(8) Health services and equipment;
(9) Legal services;
(10) Residential services and support, including voluntary
placement and community protection;
(11) Respite care;
(12) Therapy services and equipment;
(13) Transportation services; and
(14) Vocational services.
Sec. 12 RCW 71A.12.050 and 1988 c 176 s 205 are each amended to
read as follows:
The secretary may make payments for nonresidential services which
exceed the cost of caring for an average individual at home, and which
are reasonably necessary for the care, treatment, maintenance, support,
and training of persons with developmental disabilities, upon
application pursuant to RCW 71A.18.050. The secretary shall prioritize
nonresidential services to individuals identified as priorities in RCW
71A.12.090. The secretary shall adopt rules determining the extent and
type of care and training for which the department will pay all or a
portion of the costs.
Sec. 13 RCW 71A.12.090 and 1988 c 176 s 209 are each amended to
read as follows:
((If a person with developmental disabilities is the parent of a
child who is about to be placed for adoption or foster care by the
secretary, the parent shall be eligible to receive services in order to
promote the integrity of the family unit.)) The department shall
identify priority populations based upon assessed need. The priorities
shall be based on the severity of an individual's disability; including
whether the impact of the disability is profound, severe, moderate, or
mild, and shall include an evaluation of any extraordinary behavioral
issues and severe physical impairments, and the conditions surrounding
the individual's caregiver.
NEW SECTION. Sec. 14 A new section is added to chapter 71A.18
RCW to read as follows:
It is the intent of the legislature that the department establish
a single point of referral for persons with developmental disabilities
and their families so that they may have a place of entry and
continuing contact for services.
NEW SECTION. Sec. 15 A new section is added to chapter 71A.18
RCW to read as follows:
(1) The department shall develop a tool for the comprehensive
assessment of need for services under this title. The department is
not required to meet all needs of a person with a developmental
disability. The tool shall identify natural supports and any services
that would supplement the natural supports. The assessment tool shall
be implemented by January 2004. Development of a computer-based system
may require additional time and funding, which should be reported to
the legislature by September 2003.
(2) The assessment shall include the identification of any specific
limitations of the primary caregiver; including low income, an aging
caregiver, a single caregiver, a caregiver with a disability, a
caregiver with multiple children with a disability, or no identified
caregiver. The assessment shall be based upon the developmental age
and the level of functioning of the individual with a developmental
disability.
Sec. 16 RCW 71A.18.010 and 1988 c 176 s 501 are each amended to
read as follows:
(1) In order for a person with a developmental disability to access
services that the person with a developmental disability has been
assessed to need and has been authorized to receive, the secretary
((may)) shall produce and maintain an individual service plan for each
((eligible)) person with a developmental disability that is reviewed
annually and revised as needed. An individual service plan is a plan
that identifies the needs of a person for services and determines what
services will be in the best interests of the person and ((will meet
the person's needs)) which individuals and entities are responsible for
providing the identified services. The secretary is not required to
provide for all the needs identified in the individual service plan.
The service plan shall be developed collaboratively with the person
with a developmental disability and the person with a developmental
disability's natural supports, and any other person considered integral
to the service planning process. The service plan shall be developed
within a reasonable period of time following the department's needs
assessment and authorization that the person with a developmental
disability receive services.
(2) The department shall ensure that intake, eligibility, and the
individual assessment process shall be implemented uniformly and
completed within established time frames.
Sec. 17 RCW 71A.18.020 and 1988 c 176 s 601 are each amended to
read as follows:
The ((secretary may)) department's duty to provide a service to a
person ((eligible)) with a developmental disability under this title
((if)) is limited by the funds ((are available. If there is an
individual service plan, the secretary shall consider the need for
services as provided in that plan)) specifically appropriated to
administer this title.
Limitations in funding can be the basis for denying services to a
person with a developmental disability not enrolled in medicaid or a
federal medicaid waiver program, and limitations in funding can be the
basis for denying nonwaiver services to a person with a developmental
disability enrolled in medicaid or a federal medicaid waiver program.
NEW SECTION. Sec. 18 A new section is added to chapter 71A.18
RCW to read as follows:
(1) An applicant enrolled in a medicaid waiver or receiving waiver
services must be ICF/MR eligible.
(2) Accessing medicaid for an applicant by enrolling an applicant
in a medicaid waiver is prohibited, unless the applicant is assessed to
need waiver services and is a person assessed to meet the criteria of
a priority population.
(3) The department shall evaluate medicaid cost-sharing options for
applicants enrolled in a medicaid waiver and report to the legislature
regarding its findings by September 2003.
(4) The department shall evaluate available cost-effective options
for covering an applicant assessed to need medical coverage and report
to the legislature regarding its findings by September 2003.
(5) The department shall comply with all federal requirements that
are necessary for the receipt of federal funds.
Sec. 19 RCW 71A.18.030 and 1988 c 176 s 602 are each amended to
read as follows:
((An eligible)) A person with a developmental disability or the
((person's)) person with a developmental disability's legal
representative may reject an authorized service. Rejection of an
authorized service shall not affect the person's eligibility for
services and shall not eliminate the person from consideration for
other services or for the same service at a different time or under
different circumstances.
Sec. 20 RCW 71A.18.050 and 1988 c 176 s 604 are each amended to
read as follows:
(1) When considering the discontinuance of a service that is being
provided to a person, the secretary shall consult as required in RCW
71A.10.070.
(2) ((The discontinuance of a service under this section does not
affect the person's eligibility for services.)) Other services may be
provided or the same service may be restored when it is again available
or when it is again needed.
(3) Except when the service is discontinued at the request of the
person receiving the service or that person's legal representative, the
secretary shall give notice as required in RCW 71A.10.060.
NEW SECTION. Sec. 21 A new section is added to chapter 71A.18
RCW to read as follows:
The department shall coordinate with the office of the
superintendent of public instruction to access funding to the fullest
extent possible so that a person with a disability can achieve the
maximum level of self-sufficiency, including employability. The
department shall coordinate with all other state agencies to achieve
early intervention that may prevent the need for more complex and
costly services later in the person's development.
NEW SECTION. Sec. 22 A new section is added to chapter 71A.10
RCW to read as follows:
The department may adopt rules to implement this act.
Sec. 23 RCW 35.82.285 and 1991 c 167 s 3 are each amended to read
as follows:
Housing authorities created under this chapter may establish and
operate group homes or halfway houses to serve juveniles released from
state juvenile or correctional institutions, or to serve the
developmentally disabled as defined in RCW 71A.10.020(((2))).
Authorities may contract for the operation of facilities so
established, with qualified nonprofit organizations as agent of the
authority. Authorities may provide support or supportive services in
facilities serving juveniles, the developmentally disabled or other
persons under a disability, and the frail elderly, whether or not they
are operated by the authority.
Action under this section shall be taken by the authority only
after a public hearing as provided by chapter 42.30 RCW. In exercising
this power the authority shall not be empowered to acquire property by
eminent domain, and the facilities established shall comply with all
zoning, building, fire, and health regulations and procedures
applicable in the locality.
Sec. 24 RCW 71A.20.010 and 1988 c 176 s 701 are each amended to
read as follows:
This chapter covers the operation of residential habilitation
centers. The selection of persons to be served at the centers is
governed by ((chapters 71A.16 and 71A.18 RCW)) this title. The
purposes of this chapter are: To provide for those children and adults
who are exceptional in their needs for care, treatment, and education
by reason of developmental disabilities, residential care designed to
develop their individual capacities to their optimum; to provide for
admittance, withdrawal and discharge from state residential
habilitation centers upon application; and to insure a comprehensive
program for the education, guidance, care, treatment, and
rehabilitation of all persons admitted to residential habilitation
centers.
Sec. 25 RCW 84.36.042 and 1998 c 202 s 1 are each amended to read
as follows:
(1) All real and personal property owned or leased by a nonprofit
organization, corporation, or association to provide housing for
((eligible)) persons with developmental disabilities is exempt from
property taxation.
(a) To qualify for this exemption, the nonprofit organization,
corporation, or association must be qualified for exemption under
section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(3)). It must also have been organized for charitable purposes
to create and preserve long-term affordable housing for low-income
developmentally disabled persons.
(b) The housing must be occupied by ((eligible)) persons with a
developmental disability who have a low income.
(2) As used in this section:
(a) "Developmental disability" means the same as defined in RCW
71A.10.020;
(b) (("Eligible person" means the same as defined in RCW
71A.10.020; and)) "Low income" means the adjusted gross income of the resident
is at eighty percent or less of the median income adjusted for family
size, as most recently determined by the federal department of housing
and urban development for the county in which the housing is located
and in effect as of January 1st of the assessment year for which the
exemption is sought. "Adjusted gross income" is as defined in the
federal internal revenue code of 1986, as it exists on June 11, 1998,
or such subsequent date as the director may provide by rule consistent
with the purpose of this section.
(c)
(3) To be exempt under this section, the property must be used
exclusively for the purposes for which the exemption is granted, except
as provided in RCW 84.36.805.
(4) If the real or personal property for which exemption is sought
is leased, the benefit of the exemption must inure to the nonprofit
organization, corporation, or association leasing the property to
provide the housing for developmentally disabled persons.
NEW SECTION. Sec. 26 The following acts or parts of acts are
each repealed:
(1) RCW 71A.10.010 (Legislative finding -- Intent -- 1988 c 176) and
1988 c 176 s 1;
(2) RCW 71A.10.800 (Application of Title 71A RCW to matters pending
as of June 9, 1988) and 1988 c 176 s 1008;
(3) RCW 71A.10.805 (Headings in Title 71A RCW not part of law) and
1988 c 176 s 1002;
(4) RCW 71A.10.900 (Severability -- 1988 c 176) and 1988 c 176 s
1003;
(5) RCW 71A.10.901 (Saving -- 1988 c 176) and 1988 c 176 s 1004;
(6) RCW 71A.10.902 (Continuation of existing law -- 1988 c 176) and
1988 c 176 s 1001;
(7) RCW 71A.16.020 (Eligibility for services -- Rules) and 1988 c 176
s 402;
(8) RCW 71A.16.030 (Outreach program--Determination of eligibility
for services -- Application) and 1998 c 216 s 4 & 1988 c 176 s 403;
(9) RCW 71A.16.040 (Determination of eligibility -- Notice -- Rules for
redetermination) and 1989 c 175 s 141 & 1988 c 176 s 404; and
(10) RCW 71A.16.050 (Determination of eligibility -- Effect--Determination of appropriate services) and 1988 c 176 s 405.
NEW SECTION. Sec. 27 RCW 71A.16.010 (Referral for services--Admittance to residential habilitation centers -- Expiration of
subsections) and 1998 c 216 s 3 & 1988 c 176 s 401 are each repealed,
effective June 30, 2003.
NEW SECTION. Sec. 28 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 29 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2003.