BILL REQ. #:  S-5418.3 

READ FIRST TIME 02/12/08.   

     AN ACT Relating to intensive behavior support services for children with developmental disabilities; adding a new chapter to Title 71A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that nationally the use of institutions for adults with developmental disabilities has declined dramatically, and that the use of institutions for children with developmental disabilities is extremely rare. However, the legislature finds that since 2005 an increasing number of children in Washington state have been admitted to the state's residential habilitation centers.
     The legislature recognizes that sufficient community-based support services have not been provided in Washington state for children with developmental disabilities with intense behaviors and their families.
     Within funds appropriated for this specific purpose, the legislature directs the division of developmental disabilities to create an intensive behavior support services program. The legislature intends for these services to be locally based and offered as early as possible to avoid family disruption and out-of-home placement.

NEW SECTION.  Sec. 2   Within funds appropriated for this specific purpose, intensive behavior support services may be provided to children and their families only when the department has determined that:
     (1) The child is under the age of eighteen;
     (2) The child has a developmental disability and has been determined eligible for these services;
     (3) The child/family score is substantially high enough on the behavior sections of the assessment conducted by the division of developmental disabilities within the department to indicate the child's behavior puts the child or family at significant risk and/or is very likely to require an out-of-home placement;
     (4) The child meets eligibility for the home and community waiver or waivers;
     (5) The child resides in his or her family home or is temporarily in an out-of-home placement with a plan to return home;
     (6) The family demonstrates the ability and willingness to learn the skills necessary to participate in the care outlined in the completed individual support plan; and
     (7) The family is not subject to a pending child protective services referral.

NEW SECTION.  Sec. 3   The intensive behavior support services program shall be designed to enhance the child's and parent's skills to manage behaviors, increase family and personal self-sufficiency, improve functioning of the family, reduce stress on children and families, assist the family to locate and use other community services, and to reduce the use of more costly out-of-home placement or other more costly services. Intensive behavior support services must utilize best practices and evidence-based practices, and may include:
     (1) Coordination and planning;
     (2) Intensive behavior management training of families and other individuals and partners working with the child in all domains, including the school and individualized education plan team;
     (3) Behavior consultation;
     (4) Minor home adaptations;
     (5) Motor vehicle adaptations;
     (6) Goods, services, and supplies;
     (7) In-home personal care;
     (8) Therapies; and
     (9) In-home respite and planned out-of-home respite.

NEW SECTION.  Sec. 4   The department shall be the lead administrative agency for intensive behavior support services and shall contract for the delivery of intensive behavior support services. The department shall also:
     (1) Collaborate with appropriate stakeholders to develop and implement the intensive behavior support services program within the division of developmental disabilities;
     (2) Provide coordination and planning for the implementation of intensive behavior support services;
     (3) Collect data regarding the number of families served, and cost and outcomes of the program;
     (4) License out-of-home placements on a timely basis;
     (5) Assess the child for out-of-home placement in a waiver program if the child has more complex needs and the family is unable to care for the child at home; and
     (6) Adopt the necessary rules to implement the program.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 71A RCW.

NEW SECTION.  Sec. 6   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.