H-4449              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2631

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on Human Services (originally sponsored by Representatives Cooper, Nutley, Raiter, Hargrove, Leonard, Ferguson and Brekke)

Read first time 2/2/90.

AN ACT Relating to community services for persons with developmental disabilities; adding new sections to chapter 71A.20 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     After January 1, 1990, residents of residential habilitation centers transferred to community programs are entitled to return to the residential habilitation center within one year of transfer, if they express an unwillingness to remain in the community program.  Residents who are considered for transfer to community programs shall retain the rights and protections provided them under RCW 71A.20.080.  All residents transferred to community programs will continue to receive appropriate services as determined through their individual habilitation plan.

NEW SECTION. Sec. 2.     When the secretary has determined that it is advisable to return a resident to the community, as a result of the individual habilitation plan process, he or she shall ensure the resident and parent or guardian are directly involved in the development of the community residential placement and related day services.

          The resident and parent or guardian shall be offered (1) tours of potential community placements and day service programs, and (2) the opportunity to meet with program administrators, and with residents and their parents or guardians who have previously moved back to the community from residential habilitation centers.  The secretary shall develop a coordinated and collaborative planning process involving the resident and his or her parent, guardian, or other representative, state employees, community residential and day service providers, and other appropriate organizations, to ensure the resident's best interests are paramount.

NEW SECTION. Sec. 3.     After the effective date of this act, if the secretary finds it is necessary to reduce the population of residential habilitation centers to implement legislative policy or ensure continued compliance with federal intermediate care facility-mentally retarded certification standards, he or she shall institute the provisions of section 2 of this act regarding coordinated and collaborative planning and implementation activities.

NEW SECTION. Sec. 4.     Residents who return to the community from residential habilitation centers under sections 1 through 4 of this act shall have the ability to choose the community residential placement which best meets their individual strengths and needs.  Within available, appropriated funds, the secretary shall develop an array of community residential placements which will include private and state-operated alternatives.  In developing this array of programs, the secretary shall seek to increase reimbursement to community program providers and endeavor to provide an adequate number of state-operated community programs across the state.

NEW SECTION. Sec. 5.     The secretary of social and health services shall report to appropriate legislative committees on the number and status of residents of residential habilitation centers who return to the community.  The report shall include:  (1) A description of the process used to place residents; (2) procedures designed to ensure their medical and habilitation needs are met; and (3) the implementation activities involved in returning residents to the community.  All interested and affected individuals shall provide appropriate legislative committees with their analysis of the department of social and health services performance in implementing this act.  The first legislative report shall be received by June 1, 1990.  The second legislative report shall be received by January 1, 1991.

NEW SECTION. Sec. 6.     Sections 1 through 4 of this act shall be added to chapter 71A.20 RCW.

NEW SECTION. Sec. 7.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.