S-4692

AN ACT Relating to care for children with developmental disabilities provided by the department of social and health services in the division of developmental disabilities; amending RCW 71A.10.020, 71A.12.040, and 74.20A.030; adding a new section to chapter 71A.10 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that parents are responsible for the care and support of children with developmental disabilities. The legislature recognizes that, in some instances, intense support is required to care for a child with developmental disabilities, and the assistance of preventive home-based or out-of-home care might be needed. The legislature intends to consolidate all preventive home-based and out-of-home care provided to children with developmental disabilities, where those services are necessitated by issues dependent on the child's developmental disability and not on issues related to either or both abuse and neglect, and excluding those children whose permanency plan recommends adoption, through the department of social and health services in the division of developmental disabilities.

The legislature further intends that, through this transfer of administrative authority from the division of children and family services to the division of developmental disabilities within the department of social and health services, the currently authorized levels and types of services available to children with developmental disabilities and their families is unaffected.

NEW SECTION. Sec. 2. A new section is added to chapter 71A.10 RCW to read as follows:

The department shall consolidate all services currently provided through children's administration, not related to either or both abuse and neglect, to children with developmental disabilities in the division of developmental disabilities. The department shall provide for an orderly transfer of staff, equipment, and related responsibilities from the division of children and family services to the division of developmental disabilities. The division of developmental disabilities shall assume responsibilities for children with developmental disabilities under this section no later than July 1, 1998. Any disputes between the division of children and family services and the division of developmental disabilities regarding the transfer of responsibilities under this section shall be resolved by the secretary.

NEW SECTION. Sec. 1. The transfer and consolidation of services for children with developmental disabilities within the department of social and health services required by this act must be accomplished within appropriated funds.

Sec. 2. 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]~~)) determinant of these conditions, and notify the legislature of this action.

(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) "Out-of-home care" means placement in a foster family home or group care facility licensed under chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed under chapter 74.15 RCW.

(8) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

(9) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

((~~(8)~~)) (10) "Secretary" means the secretary of social and health services or the secretary's designee.

((~~(9)~~)) (11) "Service" or "services" means services provided by state or local government to carry out this title.

Sec. 3. RCW 71A.12.040 and 1988 c 176 s 204 are each amended to read as follows:

Services that the secretary may provide or arrange with others to provide under this title include, but are not limited to:

(1) Architectural services;

(2) Case management services;

(3) Early childhood intervention;

(4) Employment services;

(5) Family counseling;

(6) Family support;

(7) Information and referral;

(8) Health services and equipment;

(9) Home-based preventive and out-of-home care for children;

(10) Legal services;

((~~(10)~~)) (11) Residential services and support;

((~~(11)~~)) (12) Respite care;

((~~(12)~~)) (13) Therapy services and equipment;

((~~(13)~~)) (14) Transportation services; and

((~~(14)~~)) (15) Vocational services.

Sec. 4. RCW 74.20A.030 and 1997 c 58 s 934 are each amended to read as follows:

(1) The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of said child or children, if public assistance money is paid to or for the benefit of the child under a state program funded under Title IV-A of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996, to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the state of Washington to obtain reimbursement of moneys expended, based on the support obligation of the responsible parent established by a superior court order or RCW 74.20A.055. Distribution of any support moneys shall be made in accordance with RCW 26.23.035.

(2) The department may initiate, continue, maintain, or execute an action to establish, enforce, and collect a support obligation, including establishing paternity and performing related services, under this chapter and chapter 74.20 RCW, or through the attorney general or prosecuting attorney under chapter 26.09, 26.18, 26.20, 26.21, 26.23, or 26.26 RCW or other appropriate statutes or the common law of this state, for so long as and under such conditions as the department may establish by regulation.

(3) Public assistance moneys shall be exempt from collection action under this chapter except as provided in RCW 74.20A.270.

(((4) No collection action shall be taken against parents of children eligible for admission to, or children who have been discharged from a residential habilitation center as defined by RCW 71A.10.020(7). For the period July 1, 1993, through June 30, 1995, a collection action may be taken against parents of children with developmental disabilities who are placed in community-based residential care. The amount of support the department may collect from the parents shall not exceed one-half of the parents' support obligation accrued while the child was in community-based residential care. The child support obligation shall be calculated pursuant to chapter 26.19 RCW.))