S-3715.1 _______________________________________________
SENATE BILL 6422
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Erwin, Talmadge, Winsley, Moyer, Wojahn, Hochstatter, Prentice, Nelson, Quigley, Deccio, Hargrove, Franklin, McAuliffe, Fraser, L. Smith, Williams, Roach, Pelz, Bluechel, Sellar, West, Oke, Bauer, Owen, Anderson, Sutherland, M. Rasmussen and Ludwig
Read first time 01/21/94. Referred to Committee on Health & Human Services.
AN ACT Relating to the definition of developmental disability; and amending RCW 71A.10.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:
As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of social and health services.
(2) "Developmental
disability" means a ((disability attributable to mental retardation,
cerebral palsy, epilepsy, autism, or another neurological or other condition of
an individual found by the secretary to be closely related to mental
retardation or to require treatment similar to that required for individuals
with mental retardation, which disability originates before the individual
attains age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial handicap to the individual.
By January 1, 1989, the department shall promulgate rules which define
neurological or other conditions in a way that is not limited to intelligence
quotient scores as the sole determinate [determinant] of these conditions, and
notify the legislature of this action)) severe, chronic disability of a
person that:
(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(b) Is manifested before the person attains age twenty-two;
(c) Is likely to continue indefinitely;
(d) Results in substantial functional limitations in three or more of the following areas of major life activity: (i) Self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic self-sufficiency; and
(e) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; except that the term, when applied to infants and young children means individuals from birth to age five, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.
(3) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.
(4) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.
(5) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.
(6) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.
(7) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.
(8) "Secretary" means the secretary of social and health services or the secretary's designee.
(9) "Service" or "services" means services provided by state or local government to carry out this title.
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