Date of Adoption: January 11, 2000.

Purpose: Regulatory reform as outlined in Governor's Order 97-02. Implementation of changes and new regulations from SHB 1620 and SHB 1880 passed during the 1999 legislative session. SHB 1620 requires the reporting of incidents of harm to vulnerable adults, the investigation of those reports, and the provision of protective services. This statute also defines who is a vulnerable adult, abuse, abandonment, financial exploitation, neglect, and self-neglect. SHB 1880 requires that the department establish a registry of individuals who harm a vulnerable adult who is self-directing his or her own care.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-15-120.

Statutory Authority for Adoption: RCW 74.08.090, 74.34.165, and 74.39A.050(9).

Adopted under notice filed as WSR 99-23-077 on November 16, 1999.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-71-0115, in response to public comment the word "necessary" was replaced with the word "required."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 0, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 0, Repealed 1. Effective Date of Rule: Thirty-one days after filing.

January 11, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

The statutory references for WAC 388-71-0100 through WAC 388-71-0155 are:

(1) Chapter 74.34 RCW;

(2) Chapter 74.39A. RCW; and

(3) Chapter 74.39 RCW.

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In addition to the definitions found in chapter 74.34 RCW, the following definitions apply:

"Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.

"Legal representative" means a guardian appointed under chapter 11.88 RCW or individual named in a durable power of attorney as the attorney-in-fact as defined under chapter 11.94 RCW.

"Person or entity with a duty of care" includes, but is not limited to, the following:

(1) A guardian appointed under chapter 11.88 RCW; or

(2) A person or entity providing the basic necessities of life to vulnerable adults where:

(a) The person or entity is employed by or on behalf of the vulnerable adult; or

(b) The person or entity voluntarily agrees to provide, or has been providing, the basic necessities of life to the vulnerable adult on a continuing basis.

"Personal aide" as found in RCW 74.39.007.

"Self-directed care" as found in RCW 74.39.007.

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The purpose of an adult protective services investigation is to:

(1) Determine if allegations of abandonment, abuse, financial exploitation, neglect, or self-neglect are valid.

(2) Provide protective services on valid reports with the consent of the vulnerable adult or his or her legal representative.

(3) Determine if other vulnerable adults are at risk of being harmed by individual who has abused, neglected, abandoned or financially exploited the vulnerable adult.

(4) Inform the program or facility providing care for the vulnerable adult that the reported incident of abandonment, abuse, financial exploitation, or neglect occurred. The information provided to the facility or program is required to be consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants.

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The department determines when an investigation is required. The following criteria must be met:

(1) The reported circumstances fit the definition of abandonment, abuse, financial exploitation, neglect, or self-neglect found in chapter 74.34 RCW; and

(2) The victim is a vulnerable adult defined in chapter 74.34 RCW.

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Chore personal care services and placement into a licensed and contracted adult family home or state funded adult residential care facility are provided without regard to income only:

(1) When the services are essential to, and a subordinate part of, the adult protective services plan; and

(2) For a period not to exceed ninety days during any twelve-month period of time.

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The name of a personal aide providing self-directed care for a vulnerable adult is placed on the registry when:

(1) An incident of abandonment, abuse, financial exploitation, or neglect of the vulnerable adult has been substantiated by the department; and

(2) The personal aide has either waived his or her right to a fair hearing or the hearing process results in upholding the finding of abandonment, abuse, financial exploitation, or neglect.

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The following information must be sent to the personal aide prior to placing his or her name on the registry:

(1) Nature and date of the alleged abandonment, abuse, financial exploitation, or neglect.

(2) Right to a fair hearing, as described in chapters 34.05 RCW and 388-08 WAC.

(3) Intent to place identifying information about the personal care aide on a registry.

(4) That the personal aide's failure to request a fair hearing within thirty days will result in his or her name being placed on the registry.

(5) That the name of the personal aide will be placed on the registry if the hearing process results in upholding the department's finding of abandonment, abuse, financial exploitation, or neglect.

(6) That the personal aide has a right to be represented at a fair hearing at his or her own expense.

(7) That, upon request of any person, the department will disclose the substantiated finding of abandonment, abuse, financial exploitation, or neglect and the identifying information regarding a personal aide whose name appears on a registry.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-15-120

Adult protective services.

© Washington State Code Reviser's Office