AN ACT Relating to developmental disabilities; amending RCW 71.20.020, 71.20.040, 71.20.090, and 71.20.110; adding new sections to chapter 71.20 RCW; and repealing RCW 71.20.010, 71.20.016, 71.20.030, 71.20.050, 71.20.060, 71.20.070, and 71.20.080.

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

NEW SECTION. Sec. 1. The legislature of the state of Washington hereby recognizes that individuals with developmental disabilities are vulnerable to a loss of personal power and control over their personal lives. The legislature acknowledges that individuals with developmental disabilities need to:

(1) Exert control over their own lives thereby achieving independence.

(2) Achieve personal integration which must include:

(a) Use of the same community resources and participation in the same community activities as nonhandicapped citizens;

(b) Residences in homes or in home-like settings which are in close proximity to community resources; and

(c) Regular contact with nonhandicapped citizens during the course of normal community living, working, and service patterns.

(3) Become personally and socially productive members of society with the opportunity to engage in income producing work which results in improvements in income level, employment status or job advancements.

In order to maximize personal development and equality of opportunity and assure equal access to all aspects of society, the department of social and health services through the division of developmental disabilities shall develop, coordinate and monitor a uniform system of specialized services or special adaptations of generic services for persons with developmental disabilities. This system shall include but not be limited to: (a) Diagnosis, (b) evaluation, (c) treatment, (d) early intervention, (e) personal care, (f) day care, (g) domiciliary care, (h) special individualized living arrangements, (i) training, (j) education, (k) employment opportunities, (l) recreation and socialization options, (m) counseling, (n) protective and other social services, (o) information and referral services, advocacy, health care, nonvocational social-developmental services, and (p) transportation services as necessary. Services may be provided directly by the state, county, or other local governmental entity, or by contract with private profit or nonprofit agencies or individuals. All programs and services for developmentally disabled citizens are to be conducted consistent with chapter 49.60 RCW.

NEW SECTION. Sec. 2. It is the intent of the legislature:

(1) To require provision of appropriate habilitation programs for all persons with developmental disabilities throughout their lifetime regardless of their age or degree of handicap.

(2) To prohibit the deprivation of liberty except when such deprivation is for the purpose of care and treatment and constitutes the least restrictive available alternative adequate to meet the person's needs and to insure that procedures governing placement and habilitation of an individual afford due process protections.

(3) To insure the fullest measure of privacy, dignity, individual rights and privileges.

(4) To insure the provision of comprehensive services to all persons with developmental disabilities on a state-wide basis.

(5) To enable persons with developmental disabilities to remain with their families and in their home communities.

(6) To make available socially and physically integrated age appropriate community based services for persons with developmental disabilities which reflect the patterns of every day living experienced by nondisabled persons.

(7) To encourage state and local agencies to provide a wide array of innovative and effective services which emphasize the goals of habilitation rather than only the goal of aid for persons with developmental disabilities.

(8) To insure that persons with developmental disabilities receive the support necessary to promote increased services which result in increased independence, productivity, and integration into the community.

NEW SECTION. Sec. 3. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Developmental disability" means a chronic disability of an individual which is:

(a) Attributable to a mental or physical impairment or a combination of mental and physical impairments;

(b) Is manifested before the person attains age twenty-two;

(d) Without appropriate habilitation results in substantial functional limitations in three or more of the following areas of life activities:

(i) Self care;

(ii) Perceptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self direction;

(vi) Capacity for independent living;

(vii) Economic self sufficiency;

(e) Reflects the persons need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of life long or extended duration and are individually planned and coordinated.

(2) "Department" means the department of social and health services.

(3) "Secretary" means the secretary of the department of social and health services.

(4) "Division" means the division of developmental disabilities of the department of social and health services.

(5) "Director" means the director of the division of developmental disabilities.

(6) "Least restrictive setting or environment" means an environment that represents the least departure for the normal patterns of living experienced by persons without disabilities and which effectively meets the needs of the person with disabilities who will be receiving services.

(7) "Habilitation" means the process by which a person with developmental disabilities is assisted in acquiring and maintaining those life skills which enable an individual to cope more effectively with personal and environmental demands and to increase the level of physical, mental, emotional, vocational, and social ability through the provision of services to the individual including but not limited to: (a) Behavioral intervention, (b) counseling, (c) communication training, (d) occupational therapy, (e) physical therapy, (f) early intervention, (g) community living services, (h) functional skills, (i) training self-help skills, (j) training vocational skills, (k) employment training, (l) support, and (m) adaptive equipment.

(8) "Employment and vocational related services" means those services intended to provide the support necessary for an individual to be gainfully employed in their community. These services include but are not limited to competitive employment, supportive jobs, group support employment, and specialized industries.

(9) "Child developmental services" means professional services to children from birth through two years of age and to their families to support and maximize the child's development and parental involvement and support of the child.

(10) "Community integration services" means activities, special assistance, professional therapies, advocacy, and education individualized for persons with severe developmental disabilities for whom employment programs are not the most appropriate alternative.

(11) "Senior citizens services" means those services needed to assist older individuals with developmental disabilities to participate in the activities available to the nondisabled senior citizens in their communities.

(12) "Respite care services" means services provided in-home or out-of-home to developmentally disabled persons living with their families or foster families on an occasional or on-going basis for relief to the families either in-home or out-of-home.

(13) "Integration" means the use by persons with developmental disabilities of the same community resources that are used and available to nondisabled persons.

(14) "Individual service plan" means an annual written statement of community support and habilitation goals and objectives for each individual with developmental disabilities as defined in this chapter.

(15) "Community residential setting" means a facility-based residential living arrangement operated by a profit or not-for-profit community agency in which developmentally disabled persons live with varying degrees of appropriate care and training. Such settings include but are not limited to group homes, institutions for the mentally retarded - level E, adult family care homes, congregate care facilities, children's foster care, and adult foster care.

(16) "Tenant support services" means a nonfacility-based program providing skill training and support to individuals living in their own homes. These services include, but are not limited to regular tenant support, intensive tenant support, and alternative living.

(17) "Professional therapies" includes, but is not limited to, physical, occupational, behavioral, psychological, and communication therapies.

(18) "Medical-dental services" means the provision of medical and dental services not covered by the Medicaid program and also includes the purchase of medical-therapeutic equipment.

(19) "Transportation services" means purchased services for developmentally disabled individuals to get to necessary services, programs, or appointments.

(20) "Medically intensive home care services" means in-home care provided to individuals with developmental disabilities who would otherwise be hospitalized and includes, but is not limited to parent training, twenty-four hour licensed nursing care, professional therapies, and medical equipment.

(21) "Case management services" means services provided to every person eligible for developmental disabilities services. Case management services include, but are not limited to, assessment, planning, service brokering, client advocacy, follow-along, follow-up, crisis intervention and outreach.

(22) "Day care services" means services provided to people with developmental disabilities who live with their parents and whose parents must work outside the home.

(23) "In-home cash subsidies" means funds for each client with developmental disabilities to remain in a family home.

(24) "Attendant care" means personal service care delivered in-home or in-community which is ongoing and permanent to the disabled person.

(25) "Chore services" means personal service care to assist a developmentally disabled person to be maintained in a community setting.

Sec. 4. Section 2, chapter 110, Laws of 1967 ex. sess. and RCW 71.20.020 are each amended to read as follows:

The governor is authorized and empowered to take whatever action is necessary to enable the state to participate in the manner set forth in this chapter in any programs provided by any federal law and to designate the state agencies authorized to administer within this state the several federal acts providing federal moneys to assist in providing services and training in the state or local level for ((~~mentally retarded persons~~)) individuals with developmental disabilities, and personnel working with such persons. Such state agencies are authorized and empowered to apply for and accept and disburse federal grants, matching funds, or other funds or gifts or donations from any source available for use by the state or by communities to provide more adequate services, training and rehabilitation of ((~~the mentally retarded~~)) individuals with developmental disabilities.

Sec. 5. Section 4, chapter 110, Laws of 1967 ex. sess. as last amended by section 182, chapter 3, Laws of 1983 and RCW 71.20.040 are each amended to read as follows:

The county commissioners or county executives of any county or the boards of county commissioners or county executives of more than one county by joint action, are ((~~authorized~~)) required to appoint a community board to coordinate with the regional offices of the division to plan services for the ((~~mentally retarded and other~~)) developmentally disabled, to provide directly or indirectly a continuum of care and services to ((~~mentally retarded and other~~)) developmentally disabled persons ((~~and their families, and to coordinate all of the local mental retardation and developmental disability services within the county or counties served by such community board~~)). Members to be appointed to the board shall include but not be limited to representatives of public, private or voluntary agencies, and local governmental units ((~~which participate in a program for mentally retarded and other developmentally disabled persons, and private~~)), citizens knowledgeable or interested in services to the ((~~mentally retarded and other~~)) developmentally disabled in the community, and persons with developmental disabilities, their legal guardians or responsible family members.

The board shall consist of not less than nine nor more than fifteen members who shall be appointed by the board or boards of county commissioners for three year terms, and until their successors are appointed and qualified. The members of the community board shall not be compensated for the performance of their duties as members of the community board, but may be paid subsistence rates and mileage in the amounts prescribed by RCW 42.24.090.

NEW SECTION. Sec. 6. Persons with developmental disabilities shall be assured the following fundamental rights:

(1) Individual rights. Unless an individual's rights are modified by court order, an individual with developmental disabilities shall have the same legal rights and responsibilities guaranteed to all other individuals under the federal and state constitution and under federal and state laws.

(2) The Washington state law against discrimination, chapter 49.60 RCW, shall fully apply for all persons with developmental disabilities.

(3) The receipt of services pursuant to this chapter shall not operate to deprive a person of any rights or privileges or cause the person to be declared legally incompetent or disabled.

(4) The right to adequate and appropriate medical and dental care, a wholesome environment in which to live, a nutritionally adequate diet and protection from mistreatment, neglect, or abuse in any form.

(5) The right to engage in or refrain from religious belief, practice, and worship.

(6) The right to communicate frequently and privately with persons of the individual's own choice.

(7) The right to own and maintain personal property.

(8) The right to vote. Each person receiving services who is eligible to vote according to law has the right to vote in all primary, special and general elections as necessary, all approved services agencies shall assist individuals to register to vote, to obtain applications for absentee ballots and to obtain absentee ballots and to comply with other requirements which are prerequisite to voting and to vote.

(9) To attempt, both individually and through appropriate group activity to influence public policy on the provisions of services for persons with disabilities.

(10) The right to meaningful notification of any rules or regulations adopted by service agencies which pertain to the individual's activities, such notice to include written and oral communication and explanation in language reasonably calculated to be understood and meaningful to the individual.

(11) The right to confidentiality of information as provided in RCW 71.20.075.

(12) The right to fair employment practices in accordance with the United States department of labor regulations and applicable wage and hour laws. All persons who earn less than the prevailing wage due to the individual's productivity shall be provided the training and support necessary to promote their ability to earn the prevailing wage for the job.

(13) The right to choose specific habilitation and treatment services, with no person being discriminated against or denied other appropriate necessary services for refusing a proposed service.

(14) The right to appropriate treatment, varied services and individualized habilitation plans and programs designed to maximize the developmental potential of the based settings that are least restrictive to the individual's personal liberty.

NEW SECTION. Sec. 7. The department is given two years to complete the development of plans and programs that will provide a full array of necessary services for all eligible persons with developmental disabilities. The department, through the division and in direct coordination and cooperation with the county boards, shall provide directly or contract for a full spectrum of community-based services that shall include, but not be limited to:

(1) Case management services;

(2) Family support services, such services shall include, but not be limited to, respite care, medically intensive home care, day care, attendant care, chore, and in-home cash subsidies;

(3) Child development services;

(4) Community based residential options, including but not limited to: Tenant support and community residential settings;

(5) Vocational and employment related services;

(6) Day program services, which include but are not limited to community integration and senior citizens;

(7) Medical and dental services; and

(8) Support services, which include but are not limited to transportation and professional therapies.

NEW SECTION. Sec. 8. The division shall establish with each county board a program and budget request for services to be provided at a local level to meet the needs of all identified and eligible individuals with developmental disabilities within a county area. Service needs shall be based upon reasonable projections of population and developed from services required to meet the goals and objectives of each consumers' individual program plan. Appropriations to meet such needs shall be made by the state legislature.

NEW SECTION. Sec. 9. (1) Any person may request an evaluation to determine whether an individual has developmental disabilities. Application for evaluation shall be made to the division offices in the community where the individual resides.

Individuals shall be determined eligible for services pursuant to this chapter if it is determined that they have a developmental disability and they need assistance to meet the goals set forth in section 2 of this act. Determinations of eligibility shall be liberally construed in favor of an individual determined to have developmental disabilities. The secretary shall promulgate rules and regulations for setting forth a procedure and criteria for determining eligibility. Eligibility determinations shall be consistent with the definition of developmental disabilities uniform in nature, and applied throughout the state in a consistent manner.

(2) Twenty days after an initial determination of eligibility by the division, the division shall schedule an assessment for the individual with the developmental disabilities to be completed by an individual or team of individuals trained in assessing the nature and extent of developmental disabilities and the corresponding services necessary to meet the individual's habilitation needs.

(3) Within twenty days after the completion of the assessment referred to in subsection (2) of this section, an individual habilitation plan shall be developed. An extension of up to twenty days shall be granted when the extra time is necessary to allow the developmentally disabled individual to understand and participate in the planning process. Fostering understanding and participation by the individual with disabilities shall be a goal for all professionals working with the disabled individual.

(4) The person with developmental disabilities shall be provided with a list of approved service agencies in his or her community which can appropriately meet the individuals identified needs. The individual shall be given the opportunity to select the service agency from which the individual would like the services to be provided.

NEW SECTION. Sec. 10. An individual habilitation plan for a person with developmental disabilities shall meet the following requirements:

(1) The proposed plan shall be in writing.

(2) The plan shall be developed jointly by:

(a) A representative or representatives of the division who are primarily responsible for delivering or coordinating the delivery of services to the person for whom the plan is established;

(b) The individual with developmental disabilities;

(3) The plan shall incorporate a summary of the information accumulated in the assessment referred to in section 9 of this act and include a statement of the nature of the client's specific problems and the services necessary to meet the specific needs of the client.

(4) The plan shall contain a statement of the long-term habilitation goals of the person and the intermediate habilitation objectives relating to the attainment of such goals. Such goals should be specifically tailored to the needs of the individual, include diversity and choice, provide for the individual's development of personal independence, productivity, and integration into the community. The objectives shall be stated specifically and in sequence and shall be expressed in behavioral or other terms that provide measurable indices progress.

(5) The plan shall:

(a) Describe how the objectives shall be achieved and the barriers that might interfere with the achievement of them;

(b) State an objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved;

(c) Provide for a specific case manager program coordinator who will be responsible for the implementation and monitoring of the plan.

(6) The plan shall contain a statement in readily understandable language of specific habilitation services which have been identified as necessary and will be provided. It shall identify each agency which will deliver those identified services or programs and shall describe the personnel and their qualifications necessary for the provision of the identified services and programs. The plan shall specify the date of the initiation of each service being offered as well as the anticipated duration of such service.

(7) The plan shall specify the role and objectives of all parties to the implementation of the plan.

NEW SECTION. Sec. 11. Each habilitation plan shall be reviewed at least annually. In the course of the review and consistent with the objective of full participation of the individual receiving services, and where appropriate the individual's parent, guardian, or other legal representative, the designated representative from the division, and a representative of all current service providers shall participate. The review shall determine whether planned services have been provided, the appropriateness of current services, a determination of whether objectives have been reached within the time frame specified in the individual habilitation plan and all necessary modifications or revisions of current objectives and service patterns to meet the identified needs of the person receiving services.

NEW SECTION. Sec. 12. The secretary shall promulgate procedural protections to insure that the individual with developmental disabilities or the individual's guardian or limited guardian, where pertinent, has meaningful notification and opportunity to appeal any adverse determinations on either eligibility or program planning.

Sec. 13. Section 9, chapter 110, Laws of 1967 ex. sess. as amended by section 7, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.090 are each amended to read as follows:

A community board provided for in RCW 71.20.040 as now or hereafter amended is authorized to receive and spend funds received from the state under this chapter, or any federal funds received through any state agency, or any gifts or donations received by it for the benefit of ((~~the mentally retarded or other developmentally disabled~~)) persons with developmental disabilities.

Sec. 14. Section 16, chapter 110, Laws of 1967 ex. sess. as last amended by section 183, chapter 3, Laws of 1983 and RCW 71.20.110 are each amended to read as follows:

In order to provide additional funds for the coordination of ((~~community mental retardation and other developmental disability~~)) services for individuals with developmental disabilities and to provide ((~~community mental retardation, other developmental disability, or mental health~~)) services for individuals with developmental disabilities, the board of county commissioners of each county in the state shall budget and levy annually a tax in a sum equal to the amount which would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property in the county to be used for such purposes: PROVIDED, That all or part of the funds collected from the tax levied for the purposes of this section may be transferred to the state of Washington, department of social and health services, for the purpose of obtaining federal matching funds to provide and coordinate ((~~community mental retardation, other developmental disability, and mental health~~)) services for individuals with developmental disabilities. In the event a county elects to transfer such tax funds to the state for this purpose, the state shall grant these moneys and the additional funds received as matching funds to service-providing community agencies or community boards in the county which has made such transfer, pursuant to the plan approved by the county, as provided by chapters 71.20, 71.24, and 71.28 RCW, all as now or hereafter amended.

The amount of a levy allocated to the purposes specified in this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.

NEW SECTION. Sec. 15. It shall be the obligation of the secretary to report to the legislature on the fifth anniversary of the passage of this legislation on the progress of the department in assisting persons with developmental disabilities to meet the goals as set forth by the legislature in section 2 of this act.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 110, Laws of 1967 ex. sess. and RCW 71.20.010;

(2) Section 6, chapter 224, Laws of 1982, section 19, chapter 41, Laws of 1983 1st ex. sess. and RCW 71.20.016;

(3) Section 3, chapter 110, Laws of 1967 ex. sess., section 181, chapter 3, Laws of 1983 and RCW 71.20.030;

(4) Section 5, chapter 110, Laws of 1967 ex. sess., section 4, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.050;

(5) Section 6, chapter 110, Laws of 1967 ex. sess., section 5, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.060;

(6) Section 7, chapter 110, Laws of 1967 ex. sess., section 6, chapter 71, Laws of 1974 ex. sess. and RCW 71.20.070; and

(7) Section 8, chapter 110, Laws of 1967 ex. sess. and RCW 71.20.080.

NEW SECTION. Sec. 17. Sections 1 through 3, 6 through 12, and 15 of this act are each added to chapter 71.20 RCW.