SENATE BILL REPORT

SB 6337

BYSenators Deccio, Wojahn, Johnson, Niemi, Smith, West, Kreidler, von Reichbauer and Bauer; by request of Department of Social and Health Services

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

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):January 28, 1988

Senate Staff:Don Sloma (786-7414)

AS OF JANUARY 29, 1988

BACKGROUND:

State programs for the developmentally disabled (DD) are administered by the Department of Social and Health Services and their authorities are spread principally throughout three statutory 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 also is 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 facilities.

Obsolete language appears in the code.  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 statutes for state programs, policies and services provided to persons with developmental disabilities by the Department of Social and Health Services.  Statutes are amended, repealed or recodified, and new sections are added, which reflect current policy as expressed in the code, in rules or practice, with the intent that no new programs,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 which constitutes a substantial handicap originating before the individual attains 18 years of age.  The term residential habilitation centers describes state-operated institutions for persons with developmental disabilities.

Statutory references to involuntary commitment are repealed.

Appropriation:    none

Revenue:    none

Fiscal Note:      available