SENATE BILL REPORT
ESHB 1618
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
Senate Hearing Date(s):February 18, 1988
Majority Report: Do pass as amended.
Signed by Senators Deccio, Chairman; Kreidler, Niemi, Wojahn.
Senate Staff:Don Sloma (786-7414)
February 19, 1988
AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 18, 1988
BACKGROUND:
State programs for the developmentally disabled (DD) are administered by the Department of Social and Health Services and their statutory authorities are spread principally throughout three titles dealing with Mental Illness (Title 71 RCW), State Institutions (Title 72 RCW), and Public Assistance (Title 74 RCW). Neither title describes the state developmental disabilities program and there are few cross-references between the titles.
Eligibility for all residential and community services is located in the title dealing with state institutions. The title on mental illness houses local services through community boards and provides for habilitative services and cooperative arrangements with Oregon and Idaho. The title on public assistance provides for services for children with multiple handicaps.
The terminology employed for the DD programs throughout these titles lacks uniformity, and must be read together in order to extrapolate the law governing DD services. The definition of DD does not appear in the chapter prescribing eligibility, and there are conflicting terms variously expressed as "handicapped," "mentally retarded" or "mental deficiency" which govern eligibility. There is also no uniform terminology for the state institutions and they are variously referred to as a state school, state residential school, residential school, school for handicapped persons, or departmental residential facility.
Language appears in the code which is obsolete. Statutes contain references to involuntary court commitments of persons with developmental disabilities which are possibly unconstitutional and in conflict with a law prohibiting such commitments and superceding it.
SUMMARY:
A new title in the code is created unifying and updating the statutory authority for state programs, policies and services provided to persons with developmental disabilities by the Department of Social and Health Services. The new title provides a uniform system of developmental disability services, describing the clients and services they receive, clarifying the authority of the Department to provide certain services, and specifying the services clients are eligible to receive. Statutes are amended, repealed or re-codified, and new sections are added, which reflect current policy as expressed in the code, in rules or practice, with the intent that no new programs, policies or services, not currently existing, are authorized, nor are existing rights affected. The new authority is divided into 10 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; residential habilitation centers; amendatory sections; and statutory construction.
The definition of a developmental disability for eligibility purposes is made uniform and includes an indefinite neurological condition related to mental retardation, originating before the individual attains 18-years of age, which constitutes a substantial handicap. The term residential habilitation centers describes state-operated institutions for persons with developmental disabilities.
Statutory references to involuntary commitment are repealed.
SUMMARY OF PROPOSED SENATE AMENDMENTS:
The unintended expansion of 30-day diagnostic evaluation services to persons not yet determined to be eligible for developmental disability services is eliminated.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: Sue Elliott, DSHS (for); Carol Greenough, King County and Association of Human Services (for); Greg Hanon, DDPC (for); Jeff Larsen, Washington Assembly (for); Roger Stone, Washington Protection and Advocacy System (for)