PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Subject of Possible Rule Making: The department is amending chapter 388-825 WAC, Division of developmental disabilities services rules.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 General authority of secretary -- Rule adoption.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During the 2011 legislative session the legislature passed 2SSB 5459 and further amended state law, chapter 71A.20 RCW, directing, effective no later than July 1, 2012, no person under the age of sixteen years may be admitted to receive services at a residential habilitation center. Effective no later than July 1, 2012, no person under the age of twenty-one years may be admitted to receive services at a residential center, unless there are no service options available in the community to appropriately meet the needs of the individual. Such admission is limited to the provision of short-term respite or crisis stabilization services.
Due to these changes, the department is developing additional resources in the community, including the provision of enhanced respite services provided by licensed and contracted providers, to respond to potential service requests as a result of the new legislation.
In addition changes will be made to all references of "mental retardation" to "intellectual disability." This change to respectful language was signed by the governor in HB 2490 and is incorporated within RCW 44.04.280 State laws -- Respectful language. President Barack Obama also signed Rosa's Law, which directed that all references in federal law to "mental retardation" be changed to "intellectual disability." Similarly the law stated that references to "a mentally retarded individual" be changed to "an individual with an intellectual disability."
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alan McMullen, Program Manager, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, TTY 1-800-833-6388, e-mail alan.mcmullen@dshs.wa.gov.
June 6, 2012
Katherine I. Vasquez
Rules Coordinator