ADOPTED 4/14/2005

539

5763-S2.E AMH LANT KNUT 113

E2SSB 5763 - H AMD TO H AMD (H-3058.3)

By Representative Lantz

   On page 55, line 33 of the amendment, after "property." insert:

   "(3) The person has the right to refuse to participate in an expanded community services program or, except where subject to commitment, to reside at an enhanced services facility. No person shall be denied other department services on the grounds that he or she has made such a refusal.

   (4) Prior to assessment, the department shall notify any person for whom referral to the enhanced community services program or an enhanced services facility is under consideration, and shall provide that person with an opportunity to review and comment on all information that is included in the assessment. All information considered in the assessment shall be made available to the person or his or her legal guardian or other legal representative, where relevant, prior to final determination.

   (5) In determining that a person has a history of unsuccessful placements, the department shall document the reasons for failure, and possible supports that could be provided that would improve the chances of success, prior to making a determination regarding the likelihood of future unsuccessful placement.

   (6) The person has a right to appeal the decision of the department that he or she is eligible for placement at an enhanced services facility, and shall be given notice of the right to appeal in a format that is accessible to the person with instructions regarding what to do if the person wants to appeal."

EFFECT: Provides additional rights to a person who may be placed in an enhanced services facility.