AN ACT Relating to community residential facilities; adding new sections to chapter 35.21 RCW; adding new sections to chapter 35A.21 RCW; adding new sections to chapter 36.70 RCW; and adding new sections to chapter 43.20A RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 5 of this act.

(1) "Community residential facility" means a facility serving fourteen or fewer persons that is:

(a) A group care facility or foster family home licensed under chapter 74.15 RCW;

(b) A private establishment licensed under chapter 71.12 RCW to provide residential services;

(d) A facility providing residential services as defined in RCW 71.24.025; or

(e) A community residential program licensed or certified under Title 71A RCW.

(2) "Sponsoring agency" means an agency or unit of government, a voluntary agency, or any other person or organization that intends to establish or operate a community residential facility.

(3) "Secretary" means the secretary of the department of social and health services or the director of the department of health if a department of health is created.

NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:

If a sponsoring agency intends to establish a residential facility within a city or town but does not have a specific site selected, the agency may notify the governing authority of the city or town in writing of its intentions and include in the notice a description of the nature, size, and community support requirements of the program. Nothing in this section shall preclude the proposed establishment of a site under section 3 of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 35.21 RCW to read as follows:

(1) When a site for a community residential facility has been selected by the sponsoring agency, it shall notify the governing authority of the city or town in writing and include in the notice the specific address of the site, the type of community residence, the number of residents, and the community support requirements of the program. The notice shall also contain the most recently published data compiled pursuant to section 17 of this act that can reasonably be expected to permit the city or town to evaluate all such facilities affecting the nature and character of the area where the proposed facility is to be located. The city or town shall have forty days after the receipt of the notice to:

(a) Approve the site recommended by the sponsoring agency;

(b) Suggest one or more suitable sites within its jurisdiction that could accommodate such a facility; or

(c) Object to the establishment of a facility of the kind described by the sponsoring agency because establishment of the facility would result in such a concentration of community residential facilities in the city or town or in the area in proximity to the site selected that the nature and character of the areas within the city or town would be substantially altered. Such response shall be forwarded to the sponsoring agency and the secretary. If the city or town does not respond within forty days, the sponsoring agency may establish a community residential facility at a site recommended in its notice.

(2) Prior to forwarding a response to the sponsoring agency and the secretary, the city or town may hold a public hearing pursuant to local law.

(3) If the city or town approves the site recommended by the sponsoring agency, the sponsoring agency shall seek to establish the facility at the approved site.

(4) If the site or sites suggested by the city or town are satisfactory with regard to the nature, size, and community support requirements of the program of the proposed facility and the area in which such site or sites are located does not already include an excessive number of community residential facilities, the sponsoring agency shall seek to establish its facility at one of the sites designated by the city or town.

NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows:

The sponsoring agency or the city or town may request an immediate hearing before the secretary to resolve the issue if: The city or town objects to establishment of a facility in the city or town because establishment of the facility would result in such a concentration of community residential facilities that the nature and character of areas within the city or town would be substantially altered; the sponsoring agency objects to the establishment of a facility in the area or areas suggested by the city or town; or the city or town and sponsoring agency cannot agree upon a site. The secretary shall personally or by a hearing officer conduct a hearing within fifteen days of the request. In reviewing any objections, the need for such facilities in the city or town shall be considered, as shall the existing concentration of such facilities in the city or town or in the area in proximity to the site selected. The secretary shall sustain the objection if the secretary determines that the nature and character of the area in which the facility is to be based would be substantially altered as a result of establishment of the facility. The secretary shall make a determination within thirty days of the hearing.

NEW SECTION. Sec. 5. A new section is added to chapter 35.21 RCW to read as follows:

(1) Review of a decision rendered by the secretary under this section may be had in a proceeding pursuant to chapter 34.05 RCW.

(2) The department of social and health services or the department of health, if created, shall not issue an operating certificate to a sponsoring agency for operation of a facility if the sponsoring agency does not notify the city or town of its intention to establish a program as required by section 3 of this act. Any operating certificate issued without compliance with the provisions of sections 1 through 5 of this act shall be considered null and void and continued operation of the facility may be enjoined.

(3) A community residential facility established pursuant to sections 1 through 5 of this act shall be deemed a family unit for the purposes of local laws and ordinances.

NEW SECTION. Sec. 6. A new section is added to chapter 35A.21 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 7 through 10 of this act.

(1) "Community residential facility" means a facility serving fourteen or fewer persons that is:

(a) A group care facility or foster family home licensed under chapter 74.15 RCW;

(b) A private establishment licensed under chapter 71.12 RCW to provide residential services;

(d) A facility providing residential services as defined in RCW 71.24.025; or

(e) A community residential program licensed or certified under Title 71A RCW.

(2) "Sponsoring agency" means an agency or unit of government, a voluntary agency, or any other person or organization that intends to establish or operate a community residential facility.

(3) "Secretary" means the secretary of the department of social and health services or the director of the department of health if a department of health is created.

NEW SECTION. Sec. 7. A new section is added to chapter 35A.21 RCW to read as follows:

If a sponsoring agency intends to establish a residential facility within a code city but does not have a specific site selected, the agency may notify the governing authority of the code city in writing of its intentions and include in the notice a description of the nature, size, and community support requirements of the program. Nothing in this section shall preclude the proposed establishment of a site under section 8 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 35A.21 RCW to read as follows:

(1) When a site for a community residential facility has been selected by the sponsoring agency, it shall notify the governing authority of the code city in writing and include in the notice the specific address of the site, the type of community residence, the number of residents, and the community support requirements of the program. The notice shall also contain the most recently published data compiled pursuant to section 17 of this act that can reasonably be expected to permit the code city to evaluate all such facilities affecting the nature and character of the area where the proposed facility is to be located. The code city shall have forty days after the receipt of the notice to:

(a) Approve the site recommended by the sponsoring agency;

(b) Suggest one or more suitable sites within its jurisdiction that could accommodate such a facility; or

(c) Object to the establishment of a facility of the kind described by the sponsoring agency because establishment of the facility would result in such a concentration of community residential facilities in the code city or in the area in proximity to the site selected that the nature and character of the areas within the code city would be substantially altered. Such response shall be forwarded to the sponsoring agency and the secretary. If the code city does not respond within forty days, the sponsoring agency may establish a community residential facility at a site recommended in its notice.

(2) Prior to forwarding a response to the sponsoring agency and the secretary, the code city may hold a public hearing pursuant to local law.

(3) If the code city approves the site recommended by the sponsoring agency, the sponsoring agency shall seek to establish the facility at the approved site.

(4) If the site or sites suggested by the code city are satisfactory with regard to the nature, size, and community support requirements of the program of the proposed facility and the area in which such site or sites are located does not already include an excessive number of community residential facilities, the sponsoring agency shall seek to establish its facility at one of the sites designated by the code city.

NEW SECTION. Sec. 9. A new section is added to chapter 35A.21 RCW to read as follows:

The sponsoring agency or the code city may request an immediate hearing before the secretary to resolve the issue if: The code city objects to establishment of a facility in the code city because establishment of the facility would result in such a concentration of community residential facilities that the nature and character of areas within the code city would be substantially altered; the sponsoring agency objects to the establishment of a facility in the area or areas suggested by the code city; or the code city and sponsoring agency cannot agree upon a site. The secretary shall personally or by a hearing officer conduct a hearing within fifteen days of the request. In reviewing any objections, the need for such facilities in the code city shall be considered, as shall the existing concentration of such facilities in the code city or in the area in proximity to the site selected. The secretary shall sustain the objection if the secretary determines that the nature and character of the area in which the facility is to be based would be substantially altered as a result of establishment of the facility. The secretary shall make a determination within thirty days of the hearing.

NEW SECTION. Sec. 10. A new section is added to chapter 35A.21 RCW to read as follows:

(1) Review of a decision rendered by the secretary under this section may be had in a proceeding pursuant to chapter 34.05 RCW.

(2) The department of social and health services or the department of health, if created, shall not issue an operating certificate to a sponsoring agency for operation of a facility if the sponsoring agency does not notify the code city of its intention to establish a program as required by section 8 of this act. Any operating certificate issued without compliance with the provisions of sections 6 through 10 of this act shall be considered null and void and continued operation of the facility may be enjoined.

(3) A community residential facility established pursuant to sections 6 through 10 of this act shall be deemed a family unit for the purposes of local laws and ordinances.

NEW SECTION. Sec. 11. A new section is added to chapter 36.70 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 12 through 15 of this act.

(1) "Community residential facility" means a facility serving fourteen or fewer persons that is:

(a) A group care facility or foster family home licensed under chapter 74.15 RCW;

(b) A private establishment licensed under chapter 71.12 RCW to provide residential services;

(d) A facility providing residential services as defined in RCW 71.24.025; or

(e) A community residential program licensed or certified under Title 71A RCW.

(2) "Sponsoring agency" means an agency or unit of government, a voluntary agency, or any other person or organization that intends to establish or operate a community residential facility.

(3) "Secretary" means the secretary of the department of social and health services or the director of the department of health if a department of health is created.

NEW SECTION. Sec. 12. A new section is added to chapter 36.70 RCW to read as follows:

If a sponsoring agency intends to establish a residential facility within a county but does not have a specific site selected, the agency may notify the governing authority of the county in writing of its intentions and include in the notice a description of the nature, size, and community support requirements of the program. Nothing in this section shall preclude the proposed establishment of a site under section 13 of this act.

NEW SECTION. Sec. 13. A new section is added to chapter 36.70 RCW to read as follows:

(1) When a site for a community residential facility has been selected by the sponsoring agency, it shall notify the governing authority of the county in writing and include in the notice the specific address of the site, the type of community residence, the number of residents, and the community support requirements of the program. The notice shall also contain the most recently published data compiled pursuant to section 17 of this act that can reasonably be expected to permit the county to evaluate all such facilities affecting the nature and character of the area where the proposed facility is to be located. The county shall have forty days after the receipt of the notice to:

(a) Approve the site recommended by the sponsoring agency;

(b) Suggest one or more suitable sites within its jurisdiction that could accommodate such a facility; or

(c) Object to the establishment of a facility of the kind described by the sponsoring agency because establishment of the facility would result in such a concentration of community residential facilities in the county or in the area in proximity to the site selected that the nature and character of the areas within the county would be substantially altered. Such response shall be forwarded to the sponsoring agency and the secretary. If the county does not respond within forty days, the sponsoring agency may establish a community residential facility at a site recommended in its notice.

(2) Prior to forwarding a response to the sponsoring agency and the secretary, the county may hold a public hearing pursuant to local law.

(3) If the county approves the site recommended by the sponsoring agency, the sponsoring agency shall seek to establish the facility at the approved site.

(4) If the site or sites suggested by the county are satisfactory with regard to the nature, size, and community support requirements of the program of the proposed facility and the area in which such site or sites are located does not already include an excessive number of community residential facilities, the sponsoring agency shall seek to establish its facility at one of the sites designated by the county.

NEW SECTION. Sec. 14. A new section is added to chapter 36.70 RCW to read as follows:

The sponsoring agency or the county may request an immediate hearing before the secretary to resolve the issue if: The county objects to establishment of a facility in the county because establishment of the facility would result in such a concentration of community residential facilities that the nature and character of areas within the county would be substantially altered; the sponsoring agency objects to the establishment of a facility in the area or areas suggested by the county; or the county and sponsoring agency cannot agree upon a site. The secretary shall personally or by a hearing officer conduct a hearing within fifteen days of the request. In reviewing any objections, the need for such facilities in the county shall be considered, as shall the existing concentration of such facilities in the county or in the area in proximity to the site selected. The secretary shall sustain the objection if the secretary determines that the nature and character of the area in which the facility is to be based would be substantially altered as a result of establishment of the facility. The secretary shall make a determination within thirty days of the hearing.

NEW SECTION. Sec. 15. A new section is added to chapter 36.70 RCW to read as follows:

(1) Review of a decision rendered by the secretary under this section may be had in a proceeding pursuant to chapter 34.05 RCW.

(2) The department of social and health services or the department of health, if created, shall not issue an operating certificate to a sponsoring agency for operation of a facility if the sponsoring agency does not notify the county of its intention to establish a program as required by section 13 of this act. Any operating certificate issued without compliance with the provisions of sections 11 through 15 of this act shall be considered null and void and continued operation of the facility may be enjoined.

(3) A community residential facility established pursuant to sections 11 through 15 of this act shall be deemed a family unit for the purposes of local laws and ordinances.

NEW SECTION. Sec. 16. A new section is added to chapter 43.20A RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 17 and 18 of this act.

(1) "Community residential facility" means a facility serving fourteen or fewer persons that is:

(a) A group care facility or foster family home licensed under chapter 74.15 RCW;

(b) A private establishment licensed under chapter 71.12 RCW to provide residential services;

(d) A facility providing residential services as defined in RCW 71.24.025; or

(e) A community residential program licensed or certified under Title 71A RCW.

(2) "Sponsoring agency" means an agency or unit of government, a voluntary agency, or any other person or organization that intends to establish or operate a community residential facility.

NEW SECTION. Sec. 17. A new section is added to chapter 43.20A RCW to read as follows:

(1) The department shall establish a state-wide registry of community residential facilities and shall develop a uniform data base for a state-wide registry to include the following information:

(a) The nature or type of each community residential facility, including the persons it is intended to serve;

(b) The title of the sponsoring agency responsible for the operation of each community residential facility;

(c) The geographical area in which each community residential facility is located, including but not limited to street address, city or town, county, and local school district;

(d) The number of clients or residents authorized to live within each community residential facility; and

(e) The licensing authority of each community residential facility.

(2) (a) The department shall, no later than January 1, 1990, and annually thereafter, submit a report to the governor and the appropriate committees of the legislature including the following information:

(i) A registry of all community residential facilities presently operating in this state, including for each facility the types of services provided, the number of persons served, the number of persons authorized to reside therein, the licensing authority by which it is governed, and the city or town and county in which it is located; and

(ii) The number of persons in the state presently receiving placement in a community residential facility, including the general type of services being provided and the cities, towns, and counties in which they are provided.

(b) The department shall annually prepare an analysis of the information in (a) of this subsection to improve the ability of the state to effectively identify existing and future needs for services in different areas and coordinate planning efforts to meet such needs.

(3) The department shall provide or cause to be provided technical assistance, within available resources, to cities, towns, and counties that intend to establish similar coordinated planning functions as described in this section.

NEW SECTION. Sec. 18. A new section is added to chapter 43.20A RCW to read as follows:

The department shall:

(1) Compile appropriate information as required by section 17 of this act on the planning, administration, licensing, regulation, or operation of community residential facilities, including a list of all community residential facilities established, licensed, or certified by the department;

(2) Compile and index information received on the planning, administration, licensing, regulation, or operation of community residential facilities to establish a comprehensive registry of community residential facilities within the state;

(3) Provide access to the registry to state agencies and sponsoring agencies responsible for the planning, administration, licensing, regulation, or operation of community residential facilities to coordinate and integrate planning among the agencies;

(4) Make available to cities, towns, and counties a listing of community residential facilities located within their jurisdiction or within an adjoining city, town, or county to facilitate proper local planning efforts for the development of community residential facilities; and

(5) Promulgate rules under chapter 34.05 RCW as necessary to protect information required to be kept confidential under law and to prevent the dissemination of any personally identifiable information of residents or clients of community residential facilities.