BILL REQ. #:  Z-0431.1 

Read first time 01/11/2005.   Referred to Committee on Children & Family Services.

     AN ACT Relating to the operations of residential habilitation centers; amending RCW 28A.190.020, 71A.20.020, 72.05.010, 71A.10.050, 71A.20.080, and 43.21C.038; adding a new section to chapter 71A.20 RCW; and repealing RCW 71A.20.030.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 71A.20 RCW to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Closure" means the discontinuation of services to clients by a residential habilitation center.
     (2) "Downsizing" means:
     (a) The discontinuation of a category of services at the facility by relinquishing a federal certification to provide services under either nursing or intermediate care facility/mentally retarded regulations;
     (b) The closure of one or more residential housing units; or
     (c) A planned reduction in the residential capacity of a residential habilitation center.

Sec. 2   RCW 28A.190.020 and 1990 c 33 s 171 are each amended to read as follows:
     The term "residential school" as used in RCW 28A.190.020 through 28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as now or hereafter amended, shall mean Green Hill school, Maple Lane school, Naselle Youth Camp, Cedar Creek Youth Camp, Mission Creek Youth Camp, Echo Glen, Lakeland Village, Rainier school, Yakima Valley school, ((Interlake school, Fircrest school,)) Francis Haddon Morgan Center, the Child Study and Treatment Center and Secondary School of Western State Hospital, and such other schools, camps, and centers as are now or hereafter established by the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts or for the care and treatment of persons who are exceptional in their needs by reason of mental and/or physical deficiency: PROVIDED, That the term shall not include the state schools for the deaf and blind or adult correctional institutions.

Sec. 3   RCW 71A.20.020 and 1994 c 215 s 1 are each amended to read as follows:
     To the extent funds are provided by the legislature, the following residential habilitation centers are ((permanently established)) authorized to provide services to persons with developmental disabilities: Lakeland Village, located at Medical Lake, Spokane county; Rainier School, located at Buckley, Pierce county; Yakima Valley School, located at Selah, Yakima county; ((Fircrest School, located at Seattle, King county;)) and Frances Haddon Morgan Children's Center, located at Bremerton, Kitsap county.

Sec. 4   RCW 72.05.010 and 1985 c 378 s 9 are each amended to read as follows:
     The purposes of RCW 72.05.010 through 72.05.210 are: To the extent funds are provided by the legislature, to provide for every child with behavior problems, mentally and physically handicapped persons, and hearing and visually impaired children, within the purview of RCW 72.05.010 through 72.05.210, as now or hereafter amended, such care, guidance and instruction, control and treatment as will best serve the welfare of the child or person and society; to insure nonpolitical and qualified operation, supervision, management, and control of the Green Hill school, the Maple Lane school, the Naselle Youth Camp, the Mission Creek Youth Camp, Echo Glen, the Cascadia Diagnostic Center, Lakeland Village, Rainier school, the Yakima Valley school, ((Interlake school, Fircrest school,)) the Francis Haddon Morgan Center, the Child Study and Treatment Center and Secondary School of Western State Hospital, and like residential state schools, camps and centers hereafter established, and to place them under the department of social and health services except where specified otherwise; and to provide for the persons committed or admitted to those schools that type of care, instruction, and treatment most likely to accomplish their rehabilitation and restoration to normal citizenship.

Sec. 5   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;
     (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 residential habilitation center to the community, unless the transfer involved the same category of residential services and was based upon a decision by the legislature to downsize or close a residential habilitation center; 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)) as provided in subsection (1)(f) of this section. 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. 6   RCW 71A.20.080 and 1989 c 175 s 143 are each amended to read as follows:
     (1) 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 grant placement on such terms and conditions as the secretary may deem advisable after consultation in the manner provided in RCW 71A.10.070. The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060. 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.
     (2) 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.
     (3) The department of social and health services shall periodically 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.
     (4) Subsection (2) of this section does not apply to decisions to return a resident to the community based upon the legislative downsizing or closure of a residential habilitation center.

Sec. 7   RCW 43.21C.038 and 1983 c 109 s 1 are each amended to read as follows:
     Nothing in RCW 43.21C.030(2)(c) shall be construed to require the preparation of an environmental impact statement or the making of a threshold determination for any decision or any action commenced subsequent to September 1, 1982, pertaining to a plan, program, or decision for the closure of a school or schools or for the school closure portion of any broader policy, plan or program by a school district board of directors, or pertaining to a decision by the legislature to close a residential habilitation center.

NEW SECTION.  Sec. 8   RCW 71A.20.030 (Facilities for Interlake School) and 1988 c 176 s 703 are each repealed.