HOUSE BILL REPORT

HB 1934

BYRepresentatives Pruitt, Scott, Wineberry, Anderson, Prentice, Ferguson, Leonard, Holland and Todd

Establishing a program to assist disabled children.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Sayan, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Brekke, Hargrove, Leonard, Padden, Raiter and Winsley.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES JANUARY 29, 1990

BACKGROUND:

The state provides a variety of services and supports through five state agencies which offer opportunities for personal growth and development to persons who are developmentally disabled.  The developmental disability must be attributed to mental retardation or other similar condition originating before the age of 18 which continues indefinitely and constitutes a substantial handicap to the individual.

Presently, there is no statewide, comprehensive, coordinated system of early intervention and family support services for infants who are handicapped or are at risk for experiencing significant developmental problems.

The Birth-to-Six Planning Project began as a planning project for Zero-to-Three infants in 1982.  Since that time, federal grants and state appropriations have encouraged the continuation of the project.  Interagency coordination has been encouraged and the foundation of a statewide plan has been developed.  A five-part research series on early intervention services in Washington state has been nearly completed.

SUMMARY:

SUBSTITUTE BILL:  A new program is created serving infants and toddlers with developmental disabilities from birth through two years of age, as well as their families.  A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs are established for providing early intervention services to enhance the development of these children to minimize their developmental delay, while avoiding the future costs of special education, a likelihood of institutionalization and preventable secondary health impairments.  The family would participate in the development of an individualized treatment plan.

The governor is to select a lead agency for assuring that the Departments of Social and Health Services, Health, Community Development, and Services for the Blind, with the assistance of the Superintendent of Public Instruction, jointly develop the statewide system of interagency programs by 1991.

The governor is also to establish and appoint members to the State Interagency Coordinating Council, for three-year terms.  The council is the policy-making body for administering the program, and oversees the duties of the lead agency and the responsibilities of the state agencies involved, and awards grants to local councils for providing services.  The council meets at least four times a year, hires staff, establishes by-laws, submits an annual report, develops a public awareness program, resolves disputes, develops a system of personnel recruitment, develops program and health and safety standards, monitors activities of the lead agency, and develops models for detecting infants at risk.

The council shall have an administrative board of no more than 15 members, appointed by the governor, consisting of parents of children with disabilities, public and private providers of services, a state legislator, and agency representatives, among others.

In addition each county, or group of counties, must appoint local interagency coordinating councils to plan, coordinate and provide services, directly or by contract, to children and their families at the local level.  The local councils must contain at least three parents, or 30 percent of the membership, in addition to representatives of public health and school districts, local providers and governing bodies, county service coordinators, local health providers and hospitals, among others.  The duties of the local councils include determining the array of services needed in the community, planning for the utilization of services and funding, designating a local lead agency, facilitating provider agreements, resolving disputes and monitoring program activities.  In addition, the local councils are to develop a local public awareness program, conduct child-find efforts, establish by-laws, meet at least six times a year, and prepare an annual report.

With specific regards to services, each infant and toddler is to receive a comprehensive multidisciplinary assessment of needs and the identification of services to meet those needs.  The family is also to receive a needs assessment, with a written individualized family service plan, containing the child's present developmental level, the family's strengths and needs related to enhancing the child's development, a statement of expected outcomes, and specific services necessary to achieve them.  The service plan is to be used by all agencies involved, and is to be evaluated at three or six- month intervals based on the age and needs of the child.

Procedural safeguards are to be provided, including the confidentiality of client records, resolution of complaints, and written notice of changes in services.  Services shall not be interrupted pending any eligibility dispute.  Disputes must first be resolved by the local lead agency, but can then be brought before the local council, and then the administrative board in turn.

The use of funds provided for this program cannot be used to supplant funds from other sources, and this program is not to be construed as altering the provision of existing services for the developmentally disabled.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The Department of Health is included as a state agency with responsibilities for infants at risk that must be coordinated.  Disputes must first be resolved by the local lead agencies before being brought to the local interagency coordinating council.  The appropriation is reduced to $6,563,000.  Services are to be delivered to unserved and underserved infants.  The effective date is changed from July 1, 1989 to July 1, 1990.

Appropriation:    $6,563,000 to the Department of Social and Health Services.

Fiscal Note:      Requested January 31, 1990.

Effective Date:The bill takes effect July 1, 1990.

House Committee ‑ Testified For:    Representative Pruitt; Scott Truax, Washington State Interagency Coordinating Council; John Taylor; Dyana Todd; Rhonda Kopa; Carolyn Major; Michael Conn-Powers, Superintendent of Public Instruction; Sharon Hansen, Developmental Disability Planning Council; John Lovek and Loren Freeman.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    There are over 6,300 infants with developmental delays in this state, and even greater numbers of the birth to three population are at risk because of such factors as poverty, parental drug abuse, child abuse and neglect, and teenage parenthood.  Less than half of these children and families are receiving any services.  No one agency has a firm mandate or adequate funding to fully serve all of these families.  Coordination among agencies is often lacking, leading to great disparities in the availability and quality of early intervention services.  A comprehensive system of support services can reduce future educational, social, and health costs by decreasing the need for later special services and long term care.  It can also enhance the development of infants with handicaps, minimizing developmental delays and maximizing the child's potential for later success.

House Committee - Testimony Against:      None.