FINAL BILL REPORT

SHB 1618

                                  C 176 L 88

BYHouse Committee on Human Services (originally sponsored by Representatives Brekke, Winsley, Leonard, Moyer, Padden, Scott, Anderson, Miller, Cooper, Ferguson, Sanders, May, Silver and Butterfield; by request of Department of Social and Health Services)

Reorganizing and clarifying the laws regarding services to persons with developmental disabilities.

House Committe on Human Services

Senate Committee on Health Care & Corrections

SYNOPSIS AS ENACTED

BACKGROUND:

State programs for the developmentally disabled (DD) are administered by the Department of Social and Health Services.  The statutory authority for DD programs are found principally in three titles dealing with Mental Illness (Title 71 RCW), State Institutions (Title 72 RCW) and Public Assistance (Title 74 RCW).  None of these titles describes the state developmental disabilities program and few cross-references exist between the titles.

Eligibility requirements for all residential and community services are located in the state institutions title.  The title on mental illness contains local services provisions and authorizes habilitative services and cooperative arrangements with Oregon and Idaho.  The public assistance title provides for services for children with multiple handicaps.

Throughout these titles the terminology used for the DD programs is not uniform; and to determine the law governing DD services the titles must be read together.  The definition of DD does not appear in the chapter prescribing eligibility; and eligibility is governed by conflicting terms variously expressed as "handicapped," "mentally retarded" or "mental deficiency."  No uniform terminology exists for the state institutions; they are variously referred to as state schools, state residential schools, residential schools, schools for handicapped persons, or departmental residential facilities.

Obsolete language also appears in the DD provisions.  The statute contains references to involuntary court commitments of persons with developmental disabilities.  Such involuntary commitments are possibly unconstitutional and in conflict with a law that prohibits such commitments.

SUMMARY:

A new title is created in the Washington code unifying and updating the statutory authority for state programs, policies and services provided by the Department of Social and Health Services to persons with developmental disabilities.  The new title establishes a uniform system of developmental disability services, describing the clients and services they receive, clarifying the authority of the department to provide specified services, and delineating the services clients are eligible to receive.  Statutes are amended, repealed or re-codified, and new sections are added to reflect the policy currently expressed in the code, rules or practice with the intent that no new programs, policies or services, not existing prior to the act's effective date, are authorized.  No existing rights are affected.

The new statutory authority is divided into separate parts governing general provisions, such as definitions, and administrative matters; the powers and duties of state agencies, including the authority of the department to provide and administer residential and community services; the powers and duties of local government, including DD boards; eligibility for services; individual service plans; delivery of services; and residential habilitation centers.

"Developmental disability" is defined for eligibility purposes as including an indefinite neurological condition related to mental retardation, originating before the individual attains 18 years of age, and constituting a substantial handicap.  The term residential habilitation center describes state-operated institutions for persons with developmental disabilities.

Statutory references to involuntary commitment are repealed.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    47     0 (Senate amended)

      House 93   0 (House concurred)

EFFECTIVE:June 9, 1988