BILL REQ. #: Z-0012.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/14/09. Referred to Committee on Health & Long-Term Care.
AN ACT Relating to intensive behavior support services for children with developmental disabilities; and adding a new chapter to Title 71A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes that the number
of children who have developmental disabilities along with intense
behaviors is increasing, and more families are seeking out-of-home
placement for their children.
The legislature intends to create services and to develop supports
for these children, family members, and others involved in the
children's lives to avoid disruption to families and eliminate the need
for out-of-home placement.
The legislature directs the department to maintain a federal waiver
through which services may be provided to allow children with
developmental disabilities and intense behaviors to maintain permanent
and stable familial relationships. The legislature intends for these
services to be locally based and offered as early as possible to avoid
family disruption and out-of-home placement.
NEW SECTION. Sec. 2 (1) To the extent funding is appropriated
for this purpose, intensive behavior support services may be provided
by the department, directly or by contract, to children who have
developmental disabilities and intense behaviors and to their families.
(2) The department shall be the lead administrative agency for
children's intensive behavior support services and shall:
(a) Collaborate with appropriate parties to develop and implement
the intensive in-home support services program within the division of
developmental disabilities;
(b) Use best practices and evidence-based practices;
(c) Provide coordination and planning for the implementation and
expansion of intensive in-home services;
(d) Contract for the provision of intensive in-home services;
(e) Monitor and evaluate services to determine whether the program
meets standards identified in the service contracts;
(f) Collect data regarding the number of families served, and costs
and outcomes of the program;
(g) Adopt appropriate rules to implement the program;
(h) License out-of-home respite placements on a timely basis; and
(i) Maintain an appropriate staff-to-client ratio.
(3) A child may receive intensive behavior support services when
the department has determined that:
(a) The child is under the age of twenty-one;
(b) The child has a developmental disability and has been
determined eligible for these services;
(c) The child/family acuity scores are substantially high enough in
the assessment conducted by the division of developmental disabilities
to indicate the child's behavior puts the child or family at
significant risk or is very likely to require an out-of-home placement;
(d) The child meets eligibility for the home and community-based
care waiver;
(e) The child resides in his or her family home or is temporarily
in an out-of-home placement with a plan to return home;
(f) The family demonstrates the ability and willingness to fully
participate in the program and complete the care and support steps
outlined in the completed individual support plan; and
(g) The family is not subject to an unresolved child protective
services referral.
NEW SECTION. Sec. 3 (1) Intensive behavior support services
under the program authorized in section 2 of this act shall be provided
through a core team of highly trained individuals, either directly or
by contract.
(2) The intensive behavior support services shall be designed to
enhance the child's and parent's skills to manage behaviors, increase
family and personal self-sufficiency, improve functioning of the
family, reduce stress on children and families, and assist the family
to locate and use other community services.
(3) The core team shall have the following characteristics and
responsibilities:
(a) Expertise in behavior management, therapies, and children's
crisis intervention, or the ability to access such specialized
expertise;
(b) Ability to coordinate the array of services and supports needed
to stabilize the family;
(c) Ability to conduct transition planning as an individual and the
individual's family leave the program; and
(d) Ability to authorize or coordinate the services in the family's
home and other environments, such as schools and neighborhoods.
(4) The following types of services constitute intensive behavior
support services:
(a) Behavior management and consultation;
(b) Environmental adaptations;
(c) Motor vehicle adaptations;
(d) Therapy equipment and supplies;
(e) In-home personal care;
(f) Specialized diet goods and services;
(g) In-home respite and planned out-of-home respite;
(h) Intensive training to intervene effectively with the child for
families and other individuals and partners working with the child in
all domains, including the school and individualized education plan
team; and
(i) Coordination and planning.
NEW SECTION. Sec. 4 Sections 1 through 3 of this act constitute
a new chapter in Title