BP BHEAD INT S

AN ACT Relating to developmental disabilities; amending RCW 71A.10.015, and 71A.20.020; adding a new section to chapter 71A.20 RCW; adding new sections to Title 71A RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The state policy declares that the state shall promote the inclusion of all persons with developmental disabilities, including people with the most severe disabilities, in community life. Yet we have facility-based service delivery systems that continue to have an institutional bias and, in addition, provide community services that are fragmented. Residents of residential habilitation centers can be successfully supported in community placements. Home and community-based services and supports offer the greatest opportunity to people with developmental disabilities for personal self-control, integration with the community, and the ability to lead as normal a life as possible. Furthermore, the majority of individuals with disabilities live at home with their families. The system must change to better address the unmet needs of these individuals and their families.

(2) The legislature recognizes that living in home and community-based settings is most conducive to personal growth and independence and is generally more cost-effective than institutional care.

(3) The legislature finds that state institutions for people with developmental disabilities may be needed for special populations who cannot be served in a cost-effective manner in home and community-based settings. The legislature also finds that many current residents at the state institutions could be supported successfully in home and community-based settings.

(4) The department of social and health services shall review the service needs of each resident of the developmental disabilities state institutions and identify the level of services appropriate to maintain the person in the most normal and least restrictive setting that is consistent with the person's needs. If a community placement would be of equal or greater value to the resident than institutional care, the department of social and health services shall move the person to a community placement if it is cost-effective to do so.

(5) Services provided in both community and institutional settings should be designed to promote acquisition of independent living skills and self-sufficiency.

(6) Funds reallocated from institutional services should be used to support both movers from the state institutions and people on waiting lists for community services.

(7) The legislature recognizes the importance of developing (a) a resource allocation system based on individual need for supports and fair distribution of available resources, and (b) efficient and cost-effective service models and staffing levels. The department of social and health services shall develop a resource allocation system, service models, and staffing levels so that services are provided in the most cost-effective manner possible.

Sec. 2. RCW 71A.10.015 and 1988 c 176 s 101 are each amended to read as follows:

The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States, including the Americans with Disabilities Act, and the state of Washington. The legislature recognizes that home and community-based settings offer the greatest opportunity for normal living for persons with developmental disabilities.

NEW SECTION. Sec. 3. A new section is added to chapter 71A.20 RCW to read as follows:

The secretary shall close residential habilitation centers or major portions of residential habilitation centers if, in the judgment of the secretary, it is cost-effective to do so. Funds appropriated by the legislature for residential habilitation centers shall be used for the following purposes when a residential habilitation center or major portion of a residential habilitation center is closed: (1) To provide for the ongoing support of former residents in community-based residential, support, and service programs; and (2) to provide services to currently unserved, eligible people with developmental disabilities living in the community.

Residential habilitation centers closed under this section shall be managed in compliance with the requirements of RCW 79.01.006 and 79.01.007.

Sec. 4. RCW 71A.20.020 and 1988 c 176 s 702 are each amended to read as follows:

(1) The following residential habilitation centers are ((~~permanently~~)) established to provide services to persons with developmental disabilities: Interlake School, located at Medical Lake, Spokane county; Lakeland Village, located at Medical Lake, Spokane county; Rainier School, located at Buckley, Pierce county; Yakima Valley School, located at Selah, Yakima county; Fircrest School, located at Seattle, King county; and Frances Haddon Morgan Children's Center, located at Bremerton, Kitsap county.

(2) The department shall institute the phased closure of the following institutions:

(a) Beginning July 1, 1993, Interlake School shall be closed by the moving of residents to specialized nursing facilities at Lakeland Village and Fircrest School, and moving the most capable residents from Lakeland Village and Fircrest School to community placement. The closure must be completed by December 31, 1994.

(b) Beginning January 1, 1994, Yakima Valley School shall be closed by moving some residents to other residential habilitation centers and by providing community alternatives for others. The closure must be completed by July 1, 1995.

(c) Beginning July 1, 1993, three hundred individuals shall be moved from Fircrest School to other residential habilitation centers and into community placement. The downsizing must be completed by July 1, 1995.

(3) Interlake School and Yakima Valley School shall be transferred to the corpus of the charitable, educational, penal, and reformatory institution account and managed in compliance with the requirements of RCW 79.01.006 and 79.01.007.

NEW SECTION. Sec. 5. A new section is added to Title 71A RCW to read as follows:

The department shall review actions taken under chapter . . ., Laws of 1993 (this act) for quality assurance purposes to ensure the health and safety of individuals moved out of residential habilitation centers, and the adequacy of community integration, assistance in activities of daily living, interpersonal relationships, and personal autonomy in the making of daily decisions.

NEW SECTION. Sec. 6. A new section is added to Title 71A RCW to read as follows:

The legislature acknowledges the talent, skill, and experience of employees of the residential habilitation centers. Many individuals who have had success in their jobs at residential habilitation centers have years of experience and have gained professional and paraprofessional skills that may be assets to other government institutional programs and to many home and community-based support systems. It is the intent of the legislature to encourage the development of a system of strategies to assist individuals with these skills to find and retain employment in a federal, state, or community setting, by maximizing the use of the current department of personnel system and the voluntary efforts of the private sector. The secretary shall develop with the assistance of the state department of personnel, the state employment security department, and other state and federal agencies as appropriate, a strategic and sequential plan for assisting employees of residential habilitation centers that close or are reduced in size find other employment.

NEW SECTION. Sec. 7. Money remaining after placement and care of the individuals who are transferred due to the closure or downsizing under RCW 71A.20.020(2) shall be used to provide family support services and support for individuals and their families eligible under Title 71A RCW who are not receiving any services and for whom family support services would be most appropriate.

NEW SECTION. Sec. 8. 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 July 1, 1993.