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title-71a•Title 71A RCW — Developmental Disabilities
The legislature finds that the statutory authority for the programs, policies, and services of the department of social and health services for persons with developmental disabilities often lack[s] clarity and contain[s] internal inconsistencies. In addition, existing authority is in several chapters of the code and frequently contains obsolete language not reflecting current use. The legislature declares that it is in the public interest to unify and update statutes for programs, policies, and services provided to persons with developmental disabilities.
The legislature intends to recodify the authority for the programs, policies, and services for persons with developmental disabilities. This recodification is not intended to affect existing programs, policies, and services, nor to establish any new program, policies, or services not otherwise authorized before June 9, 1988. The legislature intends to provide only those services authorized under state law before June 9, 1988, and only to the extent funds are provided by the legislature.
[ 1988 c 176 s 1. ]
The legislature recognizes that the emphasis of state developmental disability services is shifting from institutional-based care to community services in an effort to increase the personal and social independence and fulfillment of persons with developmental disabilities, consistent with state policy as expressed in RCW 71A.10.015. It is the intent of the legislature that financial savings achieved from program reductions and efficiencies within the developmental disabilities program shall be redirected within the program to provide public or private community-based services for eligible persons who would otherwise be unidentified or unserved.
[ 1995 c 383 s 1. ]
The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington.
[ 1988 c 176 s 101. ]
As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Administration" means the department of social and health services developmental disabilities administration.
(2) "Assessment" means an evaluation is provided by the department to determine:
(a) If the individual meets functional and financial criteria for medicaid services; and
(b) The individual's support needs for service determination.
(3) "Community residential support services," or "community support services," and "in-home services" means one or more of the services listed in RCW 71A.12.040.
(4) "Crisis stabilization services" means services provided to persons with developmental disabilities who are experiencing behaviors that jeopardize the safety and stability of their current living situation. Crisis stabilization services include:
(a) Temporary intensive services and supports, typically not to exceed sixty days, to prevent psychiatric hospitalization, institutional placement, or other out-of-home placement; and
(b) Services designed to stabilize the person and strengthen their current living situation so the person may continue to safely reside in the community during and beyond the crisis period.
(5) "Department" means the department of social and health services.
(6) "Developmental disability" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. By June 30, 2025, the administration shall promulgate rules to further define developmental disability without the use of intelligence quotient scores.
(7) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.
(8) "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.
(9) "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.
(10) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.
(11) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.
(12) "Respite services" means relief for families and other caregivers of people with disabilities, typically not to exceed ninety days, to include both in-home and out-of-home respite care on an hourly and daily basis, including twenty-four hour care for several consecutive days. Respite care workers provide supervision, companionship, and personal care services temporarily replacing those provided by the primary caregiver of the person with disabilities. Respite care may include other services needed by the client, including medical care which must be provided by a licensed health care practitioner.
(13) "Secretary" means the secretary of social and health services or the secretary's designee.
(14) "Service" or "services" means services provided by state or local government to carry out this title.
(15) "Service request list" means a list of eligible persons who have received an assessment for service determination and their assessment shows that they meet the eligibility requirements for the requested service but were denied access due to funding limits.
(16) "State-operated living alternative" means programs for community residential services which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports to individuals who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. State-operated living alternatives are operated and staffed with state employees.
(17) "Supported living" means community residential services and housing which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports provided to individuals with disabilities who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. Supported living services are provided under contracts with private agencies or with individuals who are not state employees.
(18) "Vacancy" means an opening at a residential habilitation center, which when filled, would not require the center to exceed its biennially budgeted capacity.
[ 2022 c 277 s 2. Prior: 2014 c 139 s 2; 2011 1st sp.s. c 30 s 3; 2010 c 94 s 21; 1998 c 216 s 2; 1988 c 176 s 102. ]
NOTES:
Findings—2022 c 277: "The legislature finds that requiring intelligence quotient testing to determine if a person has an intellectual or developmental disability is expensive, inaccessible to marginalized communities, complicated to receive, and time-consuming for families already struggling to care for their child with an intellectual or developmental disability. Further, the legislature finds that intelligence quotient testing does not accurately indicate whether a person needs support to be personally and socially productive, which is the goal of the developmental disabilities administration outlined in RCW 71A.10.015. Therefore, the legislature finds that requiring intelligence quotient testing in assessing whether a person has an intellectual or developmental disability is not an appropriate diagnostic tool and eliminating the use of intelligence quotient scores has been a goal of the legislature for more than 40 years." [ 2022 c 277 s 1.]
Finding—Intent—Program development—Implementation—Program funding—2014 c 139: See notes following RCW 71A.16.050.
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Purpose—2010 c 94: See note following RCW 44.04.280.
Effective date—1998 c 216: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 1998]." [ 1998 c 216 s 10.]
(1) The existence of developmental disabilities does not affect the civil rights of the person with the developmental disability except as otherwise provided by law.
(2) The secretary's determination under RCW 71A.16.040 that a person is eligible for services under this title shall not deprive the person of any civil rights or privileges. The secretary's determination alone shall not constitute cause to declare the person to be legally incompetent.
(3) This title shall not be construed to deprive the parent or parents of any parental rights with relation to a child residing in a residential habilitation center, except as provided in this title for the orderly operation of such residential habilitation centers.
[ 1988 c 176 s 103. ]
Persons are protected from discrimination because of a developmental disability as well as other mental or physical disabilities by the law against discrimination, chapter 49.60 RCW, by other state and federal statutes, rules, and regulations, and by local ordinances, when the persons have a qualifying disability under those statutes, rules, regulations, and ordinances.
[ 2020 c 274 s 51; 1988 c 176 s 104. ]
(1) An applicant or recipient or former recipient of a developmental disabilities service under this title from the department of social and health services has the right to appeal the following department actions:
(a) A denial of an application for eligibility under RCW 71A.16.040;
(b) An unreasonable delay in acting on an application for eligibility, for a service, or for an alternative service under RCW 71A.18.040;
(c) A denial, reduction, or termination of a service;
(d) A claim that the person owes a debt to the state for an overpayment;
(e) A disagreement with an action of the secretary under RCW 71A.10.060 or 71A.10.070;
(f) A decision to return a resident of an [a] habilitation center to the community; and
(g) A decision to change a person's placement from one category of residential services to a different category of residential services.
The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
(2) This subsection applies only to an adjudicative proceeding in which the department action appealed is a decision to return a resident of a habilitation center to the community. The resident or his or her representative may appeal on the basis of whether the specific placement decision is in the best interests of the resident. When the resident or his or her representative files an application for an adjudicative proceeding under this section the department has the burden of proving that the specific placement decision is in the best interests of the resident.
(3) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060. The notice must include a statement advising the recipient of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice of a decision to return a resident of a habilitation center to the community under RCW 71A.20.080 must also include a statement advising the recipient of the right to file a petition for judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.
[ 1989 c 175 s 138; 1988 c 176 s 105. ]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
(1) Whenever this title requires the secretary to give notice, the secretary shall give notice to the person with a developmental disability and, except as provided in subsection (3) of this section, to at least one other person. The other person shall be the first person known to the secretary in the following order of priority:
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for the rights of persons with developmental disabilities, appointed in compliance with 42 U.S.C. Sec. 6042; or
(e) A person who is not an employee of the department or of a person who contracts with the department under this title who, in the opinion of the secretary, will be concerned with the welfare of the person.
(2) Notice to a person with a developmental disability shall be given in a way that the person is best able to understand. This can include reading or explaining the materials to the person.
(3) A person with a developmental disability may in writing request the secretary to give notice only to that person. The secretary shall comply with that direction unless the secretary denies the request because the person may be at risk of losing rights if the secretary complies with the request. The secretary shall give notice as provided in subsections (1) and (2) of this section. On filing an application with the secretary within thirty days of receipt of the notice, the person who made the request has the right to an adjudicative proceeding under RCW 71A.10.050 on the secretary's decision.
(4) The giving of notice to a person under this title does not empower the person who is given notice to take any action or give any consent.
[ 1989 c 175 s 139; 1988 c 176 s 106. ]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
(1) Whenever this title places on the secretary the duty to consult, the secretary shall carry out that duty by consulting with the person with a developmental disability and, except as provided in subsection (2) of this section, with at least one other person. The other person shall be in order of priority:
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for the rights of persons with developmental disabilities, appointed in compliance with 42 U.S.C. Sec. 6042; or
(e) Any other person who is not an employee of the department or of a person who contracts with the department under this title who, in the opinion of the secretary, will be concerned with the welfare of the person.
(2) A person with a developmental disability may in writing request the secretary to consult only with that person. The secretary shall comply with that direction unless the secretary denies the request because the person may be at risk of losing rights if the secretary complies with the request. The secretary shall give notice as provided in RCW 71A.10.060 when a request is denied. On filing an application with the secretary within thirty days of receipt of the notice, the person who made the request has the right to an adjudicative proceeding under RCW 71A.10.050 on the secretary's decision.
(3) Consultation with a person under this section does not authorize the person who is consulted to take any action or give any consent.
[ 1989 c 175 s 140; 1988 c 176 s 107. ]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
(1) The governor shall designate an agency to implement a program for the protection and advocacy of the rights of persons with developmental disabilities pursuant to the developmentally disabled assistance and bill of rights act, 89 Stat. 486; 42 U.S.C. Secs. 6000-6083 (1975), (as amended). The designated agency shall have the authority to pursue legal, administrative, and other appropriate remedies to protect the rights of the developmentally disabled and to investigate allegations of abuse and neglect. The designated agency shall be independent of any state agency that provides treatment or services other than advocacy services to persons with developmental disabilities.
(2) The agency designated under subsection (1) of this section shall implement a program for the protection and advocacy of the rights of mentally ill persons pursuant to the protection and advocacy for mentally ill individuals act of 1986, 100 Stat. 478; 42 U.S.C. Secs. 10801-10851 (1986), (as amended). The designated agency shall have the authority to pursue legal, administrative, and other appropriate remedies to protect the rights of mentally ill persons and to investigate allegations of abuse or neglect of mentally ill persons. The designated agency shall be independent of any state agency that provides treatment or services other than advocacy services to mentally ill persons.
(3) The governor shall designate an appropriate state official to serve as liaison between the agency designated to implement the protection and advocacy programs and the state departments and agencies that provide services to persons with developmental disabilities and mentally ill persons.
[ 1991 c 333 s 1. ]
(1) To the extent consistent with federal law and federal funding requirements, the department must prioritize individuals, utilizing the expiration dates of the special certificates, for the provision of individual technical assistance to an individual, prior to the expiration date of the individual's special certificate, and may utilize the individual technical assistance to allow for an effective transition into at least minimum wage employment or other services.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department must work with contracted providers to expand employment and day services to individuals leaving special certificate employment, including but not limited to providing individual technical assistance and individual supported employment services to individuals leaving special certificate employment.
(3) Prior to the expiration date of the individual's special certificate, the department must provide written and verbal notification to the individual and their legal representatives informing them of all available waiver services and the processes for the individual to identify, transition to, and request any of the available waiver services.
[ 2021 c 97 s 4. ]
(1) The department shall hire two permanent, full-time employees to regularly review and maintain the no-paid services caseload. This includes, but is not limited to, updating the no-paid services caseload to accurately reflect a current head count of eligible individuals and identifying the number of individuals contacted who are currently interested in receiving a paid service from the developmental disabilities administration and if the individual would like services now or within the next year. Beginning December 1, 2022, the department shall annually report this information to the governor and the appropriate committees of the legislature.
(2) The department may provide limited case resource management services to a client on the no-paid services caseload. The case resource manager's duties include responding to the client to discuss the client's service needs and explaining to the client the service options available through the department or other community resources. Inactive clients on the no-paid services caseload may not receive case resource management services.
[ 2025 c 337 s 1; 2022 c 247 s 1. ]
(1) When enrolling eligible clients in open home and community-based services waiver slots and for the purposes of determining access to specific waiver services, to the extent consistent with federal law and federal funding requirements, the administration shall prioritize clients in the following populations:
(a) Persons who are age 45 and older;
(b) Persons who, within the previous six months, have remained in a hospital without a safe discharge plan;
(c) Persons with intellectual or developmental disabilities who are transitioning from high school and need a waiver with supported employment services;
(d) Persons who are discharging from institutional settings including residential habilitation centers and state hospitals;
(e) Persons the administration has determined to be in immediate risk of admission to an intermediate care facility due to unmet health and welfare needs;
(f) Persons who have been found incompetent to stand trial in a criminal matter due to a developmental disability;
(g) Persons eligible for services under RCW 71A.12.090; and
(h) Persons currently and formerly eligible for services through a community protection waiver in the interest of enhancing the safety of the community, caretakers, and others.
(2) Persons who meet the criteria outlined in RCW 71A.12.370 shall be enrolled in waiver services, to the extent consistent with federal law and federal funding requirements.
(3) The administration shall align its rules to provide for the prioritization for waiver slots and services for the populations identified in subsection (1) of this section.
(4) The administration shall routinely collect data on the following items related to home and community-based services waivers and make the data publicly available on the administration's website:
(a) The number of people enrolled in each waiver;
(b) The capacity and waitlist, if any, for each waiver, including the number of people from the prioritized populations identified in subsection (1) of this section as well as persons identified in subsection (2) of this section who are on a waitlist for waiver enrollment;
(c) The number of people from the prioritized populations identified in subsection (1) of this section as well as persons identified in subsection (2) of this section that have been enrolled on each waiver since the last report;
(d) Any requests for waiver services that have not been fulfilled and the reason the request has not been fulfilled; and
(e) Any unfulfilled requests for waiver services from the prioritized populations identified in subsection (1) of this section as well as persons identified in subsection (2) of this section, including the type of service and the reason the request has not been fulfilled.
[ 2025 c 212 s 2. ]
NOTES:
Finding—Intent—2025 c 212: "The legislature finds that resources to support people with developmental disabilities are limited and many are in dire need of support. Enrollment into and receipt of developmental disabilities administration home and community-based services and supports can prevent traumatic and expensive hospital stays and institutionalization as well as harm in communities leading to incarceration. The legislature recognizes that until the state can achieve a system capable of providing help as soon as help is needed for all individuals with developmental disabilities, it is imperative to strategically intervene at times of crisis so that populations for which intervention is most critical are served without delay. Therefore, the legislature intends to provide a clear prioritization of populations most in need for developmental disabilities services and supports." [ 2025 c 212 s 1.]
Except as provided in RCW 71A.10.901, this title shall govern:
(1) The continued provision of services to persons with developmental disabilities who are receiving services on June 9, 1988.
(2) The disposition of hearings, lawsuits, or appeals that are pending on June 9, 1988.
(3) All other questions or matters covered by this title, from June 9, 1988.
[ 1988 c 176 s 1008. ]
The repeals made by sections 1005 through 1007, chapter 176, Laws of 1988, shall not be construed as affecting any existing right, status, or eligibility for services acquired under the provisions of the statutes repealed, nor as affecting the validity of any rule or order promulgated under the prior statutes, nor as affecting the status of any person appointed or employed under the prior statutes.
[ 1988 c 176 s 1004. ]
Insofar as provisions of this title are substantially the same as provisions of the statutes repealed by sections 1005, 1006, and 1007, chapter 176, Laws of 1988, the provisions of this title shall be construed as restatements and continuations of the prior law, and not as new enactments.
[ 1988 c 176 s 1001. ]
It is declared to be the policy of the state to authorize the secretary to develop and coordinate state services for persons with developmental disabilities; to encourage research and staff training for state and local personnel working with persons with developmental disabilities; and to cooperate with communities to encourage the establishment and development of services to persons with developmental disabilities through locally administered and locally controlled programs.
The complexities of developmental disabilities require the services of many state departments as well as those of the community. Services should be planned and provided as a part of a continuum. A pattern of facilities and services should be established, within appropriations designated for this purpose, which is sufficiently complete to meet the needs of each person with a developmental disability regardless of age or degree of disability, and at each stage of the person's development.
[ 2020 c 274 s 52; 1988 c 176 s 201. ]
(1) To the extent that state, federal, or other funds designated for services to persons with developmental disabilities are available, the secretary shall provide every eligible person with habilitative services suited to the person's needs, regardless of age or degree of developmental disability.
(2) The secretary shall provide persons who receive services with the opportunity for integration with persons without disabilities and persons with less acute disabilities to the greatest extent possible.
(3) The secretary shall establish minimum standards for habilitative services. Consumers, advocates, service providers, appropriate professionals, and local government agencies shall be involved in the development of the standards.
[ 2020 c 274 s 53; 1988 c 176 s 202. ]
The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and for the safety of others the state may need to exercise control over those few dangerous individuals who are developmentally disabled, have been charged with crimes that involve a threat to public safety or security, and have been found either incompetent to stand trial or not guilty by reason of insanity.
The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state control over dangerous developmentally disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing programs in mental institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities.
Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with crimes that involve a threat to public safety or security and have been found incompetent to stand trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.
[ 1998 c 297 s 5; 1989 c 420 s 2. Formerly RCW 71.05.035. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
The secretary is authorized to provide, or arrange with others to provide, all services and facilities that are necessary or appropriate to accomplish the purposes of this title, and to take all actions that are necessary or appropriate to accomplish the purposes of this title. The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, as are appropriate to carry out this title.
[ 1988 c 176 s 203. ]
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) Legal services;
(10) Residential services and support;
(11) Respite care;
(12) Therapy services and equipment;
(13) Transportation services; and
(14) Vocational services.
[ 1988 c 176 s 204. ]
The secretary may make payments for nonresidential services which exceed the cost of caring for an average individual at home, and which are reasonably necessary for the care, treatment, maintenance, support, and training of persons with developmental disabilities, upon application pursuant to RCW 71A.18.050. The secretary shall adopt rules determining the extent and type of care and training for which the department will pay all or a portion of the costs.
[ 1988 c 176 s 205. ]
The secretary is authorized to pay for all or a portion of the costs of care, support, and training of residents of a residential habilitation center who are placed in community residential programs under this section and RCW 71A.12.070 and 71A.12.080.
[ 1988 c 176 s 206. ]
All payments made by the secretary under RCW 71A.12.060 shall, insofar as reasonably possible, be supplementary to payments to be made for the costs of care, support, and training in a community residential program by the estate of such resident of the residential habilitation center, or from any resource which such resident may have, or become entitled to, from any public, federal, or state agency. Payments by the secretary under this title may, in the secretary's discretion, be paid directly to community residential programs, or to counties having created developmental disability boards under chapter 71A.14 RCW.
[ 1988 c 176 s 207. ]
(1) The secretary shall adopt rules concerning the eligibility of residents of residential habilitation centers for placement in community residential programs under this title; determination of ability of such persons or their estates to pay all or a portion of the cost of care, support, and training; the manner and method of licensing or certification and inspection and approval of such community residential programs for placement under this title; and procedures for the payment of costs of care, maintenance, and training in community residential programs. The rules shall include standards for care, maintenance, and training to be met by such community residential programs.
(2) The secretary shall coordinate state activities and resources relating to placement in community residential programs to help efficiently expend state and local resources and, to the extent designated funds are available, create an effective community residential program.
[ 1988 c 176 s 208. ]
If a person with developmental disabilities is the parent of a child who is about to be placed for adoption or foster care by the secretary, the parent shall be eligible to receive services in order to promote the integrity of the family unit.
[ 1988 c 176 s 209. ]
Consistent with the general powers of the secretary and whether or not a particular person with a developmental disability is involved, the secretary may:
(1) Provide information to the public on developmental disabilities and available services;
(2) Engage in research concerning developmental disabilities and the habilitation of persons with developmental disabilities, and cooperate with others who do such research;
(3) Provide consultant services to public and private agencies to promote and coordinate services to persons with developmental disabilities;
(4) Provide training for persons in state or local governmental agencies or with private entities who come in contact with persons with developmental disabilities or who have a role in the care or habilitation of persons with developmental disabilities.
[ 1988 c 176 s 210. ]
(1) The secretary may enter into agreements with any person, corporation, or governmental entity to pay the contracting party to perform services that the secretary is authorized to provide under this title, except for operation of residential habilitation centers under chapter 71A.20 RCW.
(2) The secretary by contract or by rule may impose standards for services contracted for by the secretary.
[ 1988 c 176 s 211. ]
(1) The governor may take whatever action is necessary to enable the state to participate in the manner set forth in this title in any programs provided by any federal law and to designate state agencies authorized to administer within this state the several federal acts providing federal moneys to assist in providing services and training at the state or local level for persons with developmental disabilities and for persons who work with persons with developmental disabilities.
(2) Designated state agencies may apply for and accept and disburse federal grants, matching funds, or other funds or gifts or donations from any source available for use by the state or by local government to provide more adequate services for and habilitation of persons with developmental disabilities.
[ 1988 c 176 s 212. ]
The secretary may receive and accept from any person, organization, or estate gifts of money or personal property on behalf of a residential habilitation center, or the residents therein, or on behalf of the entire program for persons with developmental disabilities, or any part of the program, and to use the gifts for the purposes specified by the donor where such use is consistent with law. In the absence of a specified purpose, the secretary shall use such money or personal property for the general benefit of persons with developmental disabilities. The secretary shall keep an accurate record of the amount or kind of gift, the date received, manner expended, and the name and address of the donor. Any increase resulting from such gift may be used for the same purpose as the original gift.
[ 1988 c 176 s 213. ]
Each state agency that administers federal or state funds for services to persons with developmental disabilities, or for research or staff training in the field of developmental disabilities, shall:
(1) Investigate and determine the nature and extent of services within its legal authority that are presently available to persons with developmental disabilities in this state;
(2) Develop and prepare any state plan or application which may be necessary to establish the eligibility of the state or any community to participate in any program established by the federal government relating to persons with developmental disabilities;
(3) Cooperate with other state agencies providing services to persons with developmental disabilities to determine the availability of services and facilities within the state, and to coordinate state and local services in order to maximize services to persons with developmental disabilities and their families;
(4) Review and approve any proposed plans that local governments are required to submit for the expenditure of funds by local governments for services to persons with developmental disabilities; and
(5) Provide consultant and staff training for state and local personnel working in the field of developmental disability.
[ 1988 c 176 s 214. ]
The secretary shall have the authority, in the name of the state, to enter into contracts with any duly authorized representative of the United States of America, or its territories, or other states for the provision of services under this title at the expense of the United States, its territories, or other states. The contracts may provide for the separate or joint maintenance, care, treatment, training, or education of persons. The contracts shall provide that all payments due to the state of Washington from the United States, its territories, or other states for services rendered under the contracts shall be paid to the department and transmitted to the state treasurer for deposit in the general fund.
[ 1988 c 176 s 215. ]
(1) The individual and family services program for individuals eligible to receive services under this title is established. This program replaces family support opportunities, traditional family support, and the flexible family support pilot program. The department shall transfer funding associated with these existing family support programs to the individual and family services program and shall operate the program within available funding. The services provided under the individual and family services program shall be funded by state funding without benefit of federal match.
(2) The department shall adopt rules to implement this section. The rules shall provide:
(a) That eligibility to receive services in the individual and family services program be determined solely by an assessment of individual need;
(b) For service priority levels to be developed that specify a maximum amount of dollars for each person per level per year;
(c) That the dollar caps for each service priority level be adjusted by the vendor rate increases authorized by the legislature; and
(d) That the following services be available under the program:
(i) Respite care;
(ii) Therapies;
(iii) Architectural and vehicular modifications;
(iv) Equipment and supplies;
(v) Specialized nutrition and clothing;
(vi) Excess medical costs not covered by another source;
(vii) Copays for medical and therapeutic services;
(viii) Transportation;
(ix) Training;
(x) Counseling;
(xi) Behavior management;
(xii) Parent/sibling education;
(xiii) Recreational opportunities; and
(xiv) Community services grants.
(3) In addition to services provided for the service priority levels under subsections (1) and (2) of this section, the department shall provide for:
(a) One-time exceptional needs and emergency needs for individuals and families not receiving individual and family services annual grants to assist individuals and families who experience a short-term crisis; and
(b) Respite services based on the department's assessment for:
(i) A parent who provides personal care in the home to his or her adult son or daughter with developmental disabilities; or
(ii) A family member who replaces the parent as the primary caregiver, resides with, and provides personal care in the home for the adult with developmental disabilities.
(4) If a person has more complex needs, a family is experiencing a more prolonged crisis, or it is determined a person needs additional services, the department shall assess the individual to determine if placement in a waiver program would be appropriate.
[ 2009 c 312 s 1; 2007 c 283 s 2. ]
NOTES:
Findings—Intent—2007 c 283: "(1) The legislature finds that:
(a) A developmental disability is a natural part of human life, and the presence of a developmental disability in the life of a person does not diminish the person's rights or opportunity to participate fully in the life of the local community;
(b) Investing in family members who have children and adults living in the family home preserves a valuable natural support system for the individual with a developmental disability and is also cost-effective for the state of Washington;
(c) Providing support services to families can help maintain the well-being of the family and stabilize the family unit.
(2) It is the intent of the legislature:
(a) To partner with families as care providers for children with developmental disabilities and adults who choose to live in the family home;
(b) That individual and family services be centered on the needs of the person with a developmental disability and the family;
(c) That, to the maximum extent possible, individuals and families must be given choice of services and exercise control over the resources available to them." [ 2007 c 283 s 1.]
Short title—2007 c 283: "This act may be known and cited as the Lance Morehouse, Jr. memorial individual and family services act." [ 2007 c 283 s 3.]
Construction—2007 c 283: "Nothing in this act shall be construed to create an entitlement to services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable, the child or family is not eligible for such services, or sufficient funding has not been appropriated for this program." [ 2007 c 283 s 4.]
The department of social and health services is providing a structured, therapeutic environment for persons who are eligible for placement in the community protection program in order for them to live safely and successfully in the community while minimizing the risk to public safety.
The legislature approves of steps already taken by the department to create a community protection program within the division of developmental disabilities.
[ 2006 c 303 s 1. ]
RCW 71A.12.220 through 71A.12.280 apply to a person:
(1)(a) Who has been charged with or convicted of a crime and meets the following criteria:
(i) Has been convicted of one of the following:
(A) A crime of sexual violence as defined in chapter 9A.44 or 71.09 RCW including, but not limited to, rape, rape of a child, and child molestation;
(B) Sexual acts directed toward strangers, individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or persons of casual acquaintance with whom no substantial personal relationship exists; or
(C) One or more violent offenses, as defined by RCW 9.94A.030; and
(ii) Constitutes a current risk to others as determined by a qualified professional. Charges or crimes that resulted in acquittal must be excluded; or
(b) Who has not been charged with and/or convicted of a crime, but meets the following criteria:
(i) Has a history of stalking, violent, sexually violent, predatory, and/or opportunistic behavior which demonstrates a likelihood to commit a violent, sexually violent, and/or predatory act; and
(ii) Constitutes a current risk to others as determined by a qualified professional; and
(2) Who has been determined to have a developmental disability as defined by RCW 71A.10.020.
[ 2025 c 58 s 2042; 2006 c 303 s 2. ]
NOTES:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Assessment" means the written opinion of a qualified professional stating, at a minimum:
(a) Whether a person meets the criteria established in RCW 71A.12.210;
(b) What restrictions are necessary.
(2) "Certified community protection program intensive supported living services" means access to twenty-four-hour supervision, instruction, and support services as identified in the person's plan of care.
(3) "Community protection program" means services specifically designed to support persons who meet the criteria of RCW 71A.12.210.
(4) "Constitutes a risk to others" means a determination of a person's risk and/or dangerousness based upon a thorough assessment by a qualified professional.
(5) "Department" means the department of social and health services.
(6) "Developmental disability" means that condition defined in RCW 71A.10.020.
(7) "Disclosure" means providing copies of professional assessments, incident reports, legal documents, and other information pertaining to community protection issues to ensure the provider has all relevant information. Polygraph and plethysmograph reports are excluded from disclosure.
(8) "Division" means the division of developmental disabilities.
(9) "Managed successfully" means that a person supported by a community protection program does not engage in the behavior identified in RCW 71A.12.210.
(10) "Opportunistic behavior" means an act committed on impulse, which is not premeditated.
(11) "Predatory" means acts directed toward strangers, individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or casual acquaintances with whom no substantial personal relationship exists. Predatory behavior may be characterized by planning and/or rehearsing the act, stalking, and/or grooming the victim.
(12) "Qualified professional" means a person with at least three years' prior experience working with individuals with developmental disabilities, and: (a) If the person being assessed has demonstrated sexually aggressive or sexually violent behavior, that person must be assessed by a qualified professional who is a certified sex offender treatment provider, or affiliate sex offender treatment provider working under the supervision of a certified sex offender treatment provider; or (b) if the person being assessed has demonstrated violent, dangerous, or aggressive behavior, that person must be assessed by a licensed psychologist or psychiatrist who has received specialized training in the treatment of or has at least three years' prior experience treating violent or aggressive behavior.
(13) "Treatment team" means the program participant and the group of people responsible for the development, implementation, and monitoring of the person's individualized supports and services. This group may include, but is not limited to, the case resource manager, therapist, residential provider, employment/day program provider, and the person's legal representative and/or family, provided the person consents to the family member's involvement.
(14) "Violent offense" means any felony defined as a violent offense in RCW 9.94A.030.
(15) "Waiver" means the community-based funding under section 1915 of Title XIX of the federal social security act.
[ 2025 c 58 s 2043; 2006 c 303 s 3. ]
NOTES:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
(1) Prior to receiving services through the community protection program, a person must first receive an assessment of risk and/or dangerousness by a qualified professional. The assessment must be consistent with the guidelines for risk assessments and psychosexual evaluations developed by the department. The person requesting services and the person's legal representative have the right to choose the qualified professional who will perform the assessment from a list of state contracted qualified professionals. The assessment must contain, at a minimum, a determination by the qualified professional whether the person can be managed successfully in the community with reasonably available safeguards and that lesser restrictive residential placement alternatives have been considered and would not be reasonable for the person seeking services. The department may request an additional evaluation by a qualified professional evaluator who is contracted with the state.
(2) Any person being considered for placement in the community protection program and his or her legal representative must be informed in writing of the following: (a) Limitations regarding the services that will be available due to the person's community protection issues; (b) disclosure requirements as a condition of receiving services other than case management; (c) the requirement to engage in therapeutic treatment may be a condition of receiving certain services; (d) anticipated restrictions that may be provided including, but not limited to intensive supervision, limited access to television viewing, reading material, videos; (e) the right to accept or decline services; (f) the anticipated consequences of declining services such as the loss of existing services and removal from waiver services; (g) the right to an administrative fair hearing in accordance with department and division policy; (h) the requirement to sign a preplacement agreement as a condition of receiving community protection intensive supported living services; (i) the right to retain current services during the pendency of any challenge to the department's decision; (j) the right to refuse to participate in the program.
(3)(a) If the department determines that a person is appropriate for placement in the community protection program, the individual and his or her legal representative shall receive in writing a determination by the department that the person meets the criteria for placement within the community protection program.
(b) If the department determines that a person cannot be managed successfully in the community protection program with reasonably available safeguards, the department must notify the person and his or her legal representative in writing.
[ 2006 c 303 s 4. ]
(1) Individuals receiving services through the department's community protection waiver retain all appeal rights provided for in RCW 71A.10.050. In addition, such individuals have a right to an administrative hearing pursuant to chapter 34.05 RCW to appeal the following decisions by the department:
(a) Termination of community protection waiver eligibility;
(b) Assignment of the applicant to the community protection waiver;
(c) Denial of a request for less restrictive community residential placement.
(2) Final administrative decisions may be appealed pursuant to the provisions of RCW 34.05.510.
(3) The secretary shall adopt rules concerning the procedure applicable to requests for hearings under this section and governing the conduct thereof.
(4) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060. The notice must include a statement advising the person enrolled on the community protection waiver of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice must also include a statement advising the recipient of the right to file a petition for judicial review of a final administrative decision as provided in chapter 34.05 RCW.
(5) Nothing in this section creates an entitlement to placement on the community protection waiver nor does it create a right to an administrative hearing on department decisions denying placement on the community protection waiver.
[ 2006 c 303 s 5. ]
(1) Community protection program participants shall have appropriate opportunities to receive services in the least restrictive manner and in the least restrictive environments possible.
(2) There must be a review by the treatment team every ninety days to assess each participant's progress, evaluate use of less restrictive measures, and make changes in the participant's program as necessary. The team must review all restrictions and recommend reductions if appropriate. The therapist must write a report annually evaluating the participant's risk of offense and/or risk of behaviors that are dangerous to self or others. The department shall have rules in place describing this process. If a treatment team member has reason to be concerned that circumstances have changed significantly, the team member may request that a complete reassessment be conducted at any time.
[ 2006 c 303 s 6. ]
A participant who demonstrates success in complying with reduced restrictions and remains free of offenses that may indicate a relapse for at least twelve months, may be considered for placement in a less restrictive community residential setting.
The process to move a participant to a less restrictive residential placement shall include, at a minimum:
(1) Written verification of the person's treatment progress, compliance with reduced restrictions, an assessment of low risk of reoffense, and a recommendation as to suitable placement by the treatment team;
(2) Development of a gradual phase-out plan by the treatment team, projected over a reasonable period of time and includes specific criteria for evaluating reductions in restrictions, especially supervision;
(3) The absence of any incidents that may indicate relapse for a minimum of twelve months;
(4) A written plan that details what supports and services, including the level of supervision the person will receive from the division upon exiting the community protection program;
(5) An assessment consistent with the guidelines for risk assessments and psychosexual evaluations developed by the division, conducted by a qualified professional. At a minimum, the assessment shall include:
(a) An evaluation of the participant's risk of reoffense and/or dangerousness; and
(b) An opinion as to whether or not the person can be managed successfully in a less restrictive community residential setting;
(6) Recommendation by the treatment team that the participant is ready to move to a less restrictive community residential placement.
[ 2006 c 303 s 7. ]
The department shall develop and maintain rules, guidelines, or policy manuals, as appropriate, for implementing and maintaining the community protection program under this chapter.
[ 2006 c 303 s 9. ]
(1) Clients age 21 and older who are receiving employment services must be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment program at any time. Enrollment in an employment program begins at the time the client is authorized to receive employment.
(2) Prior approval by the department shall not be required to effectuate the client's choice to transition from an employment program to community access services after verifying nine months of participation in employment-related services.
(3) The department shall inform clients and their legal representatives of all available options for employment and day services, including the opportunity to request an exception from enrollment in an employment program. Information provided to the client and the client's legal representative must include the types of activities each service option provides, and the amount, scope, and duration of service for which the client would be eligible under each service option.
(4) The department shall work with counties and stakeholders to strengthen and expand the existing community access program, including the consideration of options that allow for alternative service settings outside of the client's residence. The program should emphasize support for the clients so that they are able to participate in activities that integrate them into their community and support independent living and skills.
(5) The department shall develop rules to allow for an exception to the requirement that a client participate in an employment program for nine months prior to transitioning to a community access program.
[ 2022 c 142 s 2; 2012 c 49 s 1. ]
NOTES:
Finding—Intent—2022 c 142: "The legislature finds that individuals with intellectual and developmental disabilities have the right to choose how they engage in their community, while having the necessary supports to do so. The dual services prohibition between individual supported employment and community inclusion has prevented individuals with intellectual and developmental disabilities from engaging in the supported activities, volunteerism, and social and practical skill-building offered by community inclusion while employed or waiting for job placement. This lack of dual services has left many individuals with intellectual and developmental disabilities unengaged, isolated, and without the freedom to choose between services. By removing this prohibition, the legislature intends to enhance and supplement individual supported employment and give back an individual's right to participate in multiple services that best meet their needs for community growth and engagement." [ 2022 c 142 s 1.]
(1) The enforcement standards in this section apply to all certified residential services and support providers.
(2) The department is authorized to take one or more of the enforcement actions listed in subsection (3) of this section when the department finds that a provider of residential services and support with whom the department entered into an agreement under this chapter has:
(a) Failed or refused to comply with the health and safety related requirements of this chapter, chapter 74.34 RCW, or the rules adopted under these chapters;
(b) Failed or refused to cooperate with the certification process;
(c) Prevented or interfered with a certification, inspection, or investigation by the department;
(d) Failed to comply with any applicable requirements regarding vulnerable adults under chapter 74.34 RCW; or
(e) Knowingly, or with reason to know, made a false statement of material fact related to certification or contracting with the department, or in any matter under investigation by the department.
(3) The department may:
(a) Refuse to certify the provider;
(b) Decertify or refuse to renew the certification of a provider;
(c) Impose reasonable conditions on a provider's certification status such as correction within a time specified in the statement of deficiency, training, and limits on the type of client the provider may serve;
(d) Suspend department referrals to the provider;
(e) Suspend the provider from accepting clients with specified needs by imposing a limited stop placement; or
(f) Require a provider to implement a plan of correction approved by the department and to cooperate with subsequent monitoring of the provider's progress.
(4) In the event a provider fails to implement the plan or plans of correction or fails to make a correction imposed under subsection (3)(c) of this section or fails to cooperate with subsequent monitoring, the department may impose civil penalties of up to one hundred dollars per day per violation and up to three thousand dollars per violation from the compliance date identified in the approved plan of correction or the statement of deficiencies. If a provider fails to submit a plan of correction for approval by the department, the department may impose civil penalties as described in this subsection starting ten days after the provider received the statement of deficiency.
(5) When determining the appropriate enforcement action or actions under subsection (3) of this section, the department must select actions commensurate with the seriousness of the harm or threat of harm to the persons being served by the provider. Further, the department may take enforcement actions that are more severe for violations that are uncorrected, repeated, pervasive, or which present a serious threat of harm to the health, safety, or welfare of persons served by the provider. By January 1, 2016, the department shall by rule develop criteria for the selection and implementation of enforcement actions authorized in subsection (3) of this section.
(6) If the department orders a stop placement, the provider may not accept any new clients until the stop placement order is terminated. If the department orders a limited stop placement, the provider may not accept clients with specific needs or at a specific site until the limited stop placement order is terminated. The department shall terminate the stop placement or limited stop placement when:
(a) The violations necessitating the stop placement or limited stop placement have been corrected; and
(b) The provider exhibits the capacity to maintain correction of the violations previously found. However, if upon revisiting the provider, the department finds new violations that the department reasonably believes will result in a new stop placement or new limited stop placement, the previous stop placement or limited stop placement remains in effect until the new stop placement or new limited stop placement is imposed.
(7) After a department finding of a violation for which a stop placement or limited stop placement has been imposed, the department shall make an on-site revisit of the provider within fifteen working days from the date the provider notifies the department of the correction to ensure correction of the violation. For violations that are serious, recurring, or uncorrected following a previous citation and that create actual or threatened harm to one or more clients' well-being, including violations of clients' rights, the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing certification suspensions or revocations. Nothing in this subsection interferes with or diminishes the department's authority and duty to ensure that a provider adequately cares for clients, including making departmental on-site revisits as needed to ensure that the provider protects clients and enforcing compliance with this chapter.
(8) The provisions of chapter 34.05 RCW apply to enforcement actions under this section. The certified provider or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a certification inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, parts of a violation, or an enforcement remedy imposed by the department. Except for the imposition of civil penalties, the effective date of enforcement actions may not be delayed or suspended pending any hearing or informal dispute resolution process.
(9) The enforcement actions and penalties authorized in this section are not exclusive or exhaustive and nothing in this section prohibits the department from taking any other action authorized in statute, rule, or under the terms of a contract with the provider.
(10) A separate residential services and support account is created in the custody of the state treasurer. All receipts from civil penalties imposed under this section must be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. The department shall use the special account only for promoting the quality of life and care of clients receiving care and services from the certified providers.
[ 2015 c 39 s 2; 2006 c 303 s 8. Formerly RCW 71A.12.270. ]
NOTES:
Intent—2015 c 39: "(1) The legislature recognizes that certified residential services and support providers delivering services to individuals who live in their own homes have a distinct role that differs in some respects from the role of providers delivering services in facilities.
(2) The legislature intends for the department of social and health services to undertake enforcement actions in a manner consistent with the individual rights and choices of residential services and support clients and the principles identified in the residential care standards. These standards, codified in regulation, include the following core principles:
(a) Health and safety;
(b) Personal power and choice;
(c) Personal value and positive recognition by self and others;
(d) A range of experiences which help people participate in the physical and social life of their communities;
(e) Good relationships with friends and relatives; and
(f) Competence to manage daily activities and pursue personal goals." [ 2015 c 39 s 1.]
At every developmental disabilities administration annual assessment, the case manager is required to meet with the client in an in-person setting. If the client is receiving personal care services or supported living services, the case manager must ask permission to view the client's living quarters and note his or her observations in the service episode record. If the case manager is unable to view the client's living quarters for any reason, the case manager must note this in his or her report along with the reason given for why this is not practicable at the current time.
[ 2016 c 172 s 2. ]
NOTES:
Finding—2016 c 172: See note following RCW 43.382.005.
(1) Within funds appropriated for this purpose, the developmental disabilities administration shall increase home visits for clients identified as having the highest risk of abuse and neglect.
(2)(a) The developmental disabilities administration must develop a process to determine which of its clients who receive an annual developmental disabilities assessment are at highest risk of abuse or neglect. The administration may consider factors such as:
(i) Whether the client lives with the client's caregiver and receives no other developmental disabilities administration services, or whether the client is largely or entirely dependent on a sole caregiver for assistance, and the caregiver is largely or entirely dependent on the client for his or her income;
(ii) Whether the client has limited ability to supervise the caregiver, to express himself or herself verbally, has few community contacts, or no independent person outside the home is identified to assist the client;
(iii) Whether the client has experienced a destabilizing event such as hospitalization, arrest, or victimization;
(iv) Whether the client has been the subject of an adult protective services or child protective services referral in the past year; or
(v) Whether the client lives in an environment that jeopardizes personal safety.
(b) The developmental disabilities administration must visit those clients identified as having the highest risk of abuse or neglect at least once every four months, including unannounced visits as needed. This unannounced visit may replace a scheduled visit; however if the case manager is unable to meet with the client, a follow-up visit must be scheduled. A client may refuse to allow an unannounced visit to take place, but this fact must be noted.
(3) The developmental disabilities administration may develop rules to implement this section.
[ 2016 c 172 s 3. ]
NOTES:
Finding—2016 c 172: See note following RCW 43.382.005.
The legislature finds that the residential services and supports program administered by the department of social and health services under RCW 71A.12.040 and chapter 388-101 WAC has experienced significant growth and that additional funds are needed to enable the department to aggressively investigate and resolve complaints of abuse, neglect, abandonment, and financial exploitation of the vulnerable populations served by the program. The legislature intends to address current funding levels that limit the department of social and health services' ability to promote vulnerable adult protections in the program. The legislature further intends that the cost of complaint investigation should be supported by an appropriate certification fee paid by the regulated businesses.
[ 2019 c 458 s 1. ]
NOTES:
Effective date—2019 c 458: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [ 2019 c 458 s 6.]
Requirement to cease collection of certification fee for compliant investigations—No federal matching funds—2019 c 458: See note following RCW 71A.12.340.
(1) After initial certification, the certified provider must pay an annual certification fee in accordance with procedures adopted by the department. The annual certification fee must be established in the omnibus appropriations act and any amendment or additions made to that act. The certification fee established by the omnibus appropriations act or any amendment or additions to the act may not exceed the department's costs of conducting complaint investigations as described in RCW 71A.12.350. The certification fee must include all of the department's cost of paying providers for the amount of the certification fee attributed to medicaid clients.
(2) No fee may be required of government-operated programs or court-appointed receivers.
[ 2019 c 458 s 2. ]
NOTES:
Requirement to cease collection of certification fee for complaint investigations—No federal matching funds—2019 c 458: "If the centers for medicare and medicaid services determines that federal funds cannot be appropriated to match state expenditures under this act, the department of social and health services must cease collecting the fee in section 2 of this act, and this act is of no force and effect. If the centers for medicare and medicaid services makes such a determination, the department must notify the office of financial management and the appropriate committees of the legislature. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2019 c 458 s 5.]
Effective date—2019 c 458: See note following RCW 71A.12.330.
(1) The department shall use the funds made available under RCW 71A.12.340 to conduct complaint investigations in certified residential services and supports programs.
(2) For the purposes of this section, "complaint investigations" include investigations of (a) complaints about provider practice, and (b) allegations that clients receiving services from the residential services and supports program have been abused, neglected, abandoned, or financially exploited, as those terms are defined in chapter 74.34 RCW.
[ 2019 c 458 s 3. ]
NOTES:
Effective date—2019 c 458: See note following RCW 71A.12.330.
Requirement to cease collection of certification fee for complaint investigations—No federal matching funds—2019 c 458: See note following RCW 71A.12.340.
(1) Subject to the availability of amounts appropriated for this specific purpose, the developmental disabilities administration of the department of social and health services shall track and monitor the following items and make the deidentified information available to the office of the developmental disabilities ombuds created in RCW 43.382.005, the legislature, the Washington state hospital association, and the public upon request:
(a) Information about clients receiving services from a provider who are taken or admitted to a hospital. This includes:
(i) The number of clients who are taken or admitted to a hospital for services without a medical need;
(ii) The number of clients who are taken or admitted to a hospital with a medical need, but are unable to discharge once the medical need is met;
(iii) Each client's length of hospital stay for nonmedical purposes;
(iv) The reason each client was unable to be discharged from a hospital once the client's medical need was met;
(v) The location, including the type of provider, where each client was before being taken or admitted to a hospital; and
(vi) The location where each client is discharged.
(b) Information about clients who are taken or admitted to a hospital once the client's provider terminates services. This includes:
(i) The number of clients who are taken or admitted to a hospital for services without a medical need;
(ii) The number of clients who are taken or admitted to a hospital with a medical need, but are unable to discharge once the medical need is met;
(iii) Each client's length of hospital stay for nonmedical purposes;
(iv) The reason each client was unable to be discharged from a hospital once the client's medical need was met;
(v) For each client, the reason the provider terminated services;
(vi) The location, including the type of provider, where each client was before being taken or admitted to a hospital; and
(vii) The location where each client is discharged.
(2) A provider must notify the department when a client is taken or admitted to a hospital for services without a medical need and when a client is taken or admitted to a hospital with a medical need but is unable to discharge back to the provider, so that the department may track and collect data as required under subsection (1) of this section.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Hospital" means a facility licensed under chapter 70.41 or 71.12 RCW.
(b) "Provider" means a certified residential services and support program that contracts with the developmental disabilities administration of the department of social and health services to provide services to administration clients. "Provider" also includes the state-operated living alternatives program operated by the administration.
[ 2019 c 324 s 13. ]
NOTES:
Findings—Intent—2019 c 324: See note following RCW 71.24.648.
Mental health drop-in center services pilot program—2019 c 324: See note following RCW 71.24.649.
Report—2019 c 324: See note following RCW 70.38.111.
Recommendations—Residential intensive behavioral health and developmental disability services—2019 c 324: See note following RCW 74.39A.030.
(1) Services provided through a medicaid waiver administered by the department, to the extent consistent with federal law and federal funding requirements, shall be provided to eligible individuals who meet the following criteria on or after July 23, 2023:
(a)(i) Are subject to a dependency;
(ii) Are receiving extended foster care services as defined in RCW 74.13.020; or
(iii) Exited a dependency or discontinued extended foster care services as defined in RCW 74.13.020; and
(b) Will begin receiving waiver services prior to the individual's 25th birthday.
(2) Persons meeting the criteria in subsection (1) of this section who are receiving services under the children's intensive behavioral support services waiver under RCW 71A.24.010 must be immediately transferred to a different waiver without a break in waiver coverage when, based on their age, they no longer qualify for the waiver under which they have been receiving services.
(3) For purposes of this section, a "dependency" includes both a dependency under chapter 13.34 RCW and circumstances in which an Indian child is in the custody of a federally recognized Indian tribe as defined in RCW 43.376.010 or the tribe's placing agency.
[ 2023 c 345 s 6; 2021 c 56 s 4. ]
NOTES:
Intent—2021 c 56: See note following RCW 74.13.805.
(1) No later than January 1, 2024, the department shall submit to the federal government a request for approval to modify eligibility requirements for the services provided through a medicaid waiver administered by the department to include eligible individuals as specified in RCW 71A.12.370. To the extent consistent with federal law and federal funding requirements, the department shall provide services to eligible individuals as specified in RCW 71A.12.370 through a medicaid waiver administered by the department beginning no later than December 1, 2024.
(2)(a) The legislature recognizes that children and youth with developmental disabilities who are subject to a dependency have unique support needs. To this end, the legislature intends to explore establishing a new medicaid waiver for this population.
(b) By December 1, 2025, the department shall submit a report to the governor and the appropriate committees of the legislature on the feasibility of establishing a new medicaid waiver tailored to meet the needs of dependent children and youth with developmental disabilities who are age 20 or younger and who meet the criteria identified in RCW 71A.12.370(1) and cannot be adequately served through one of the five medicaid waivers administered by the department as of July 23, 2023. The services provided in this waiver shall supplement, and not supplant, the child welfare services and supports a child or youth is entitled to or receives under Title IV-E of the social security act from the department of children, youth, and families, and may not duplicate services or supports available through other funding sources. The report must include:
(i) A comprehensive list and description of the services anticipated to be included in the new waiver and the associated costs by each age group;
(ii) Information on approaches taken by other states to serve children and youth in dependencies with developmental disabilities; and
(iii) Information on the outcome of services being provided under the amended waivers referenced in subsection (1) of this section.
(3) The department shall be the lead administrative agency for the waiver design for dependent children and youth and shall collaborate with the department of children, youth, and families and other relevant stakeholders to identify the services and supports currently provided to dependent children and youth and identify services and supports that will supplement supports already provided. The department of children, youth, and families shall provide to the department all information and data that is necessary for the department to determine eligibility for services, to provide appropriate and timely services and supports to qualifying children and youth, to implement and maintain compliance with federal funding requirements, and to complete design of the new waiver.
[ 2023 c 345 s 5. ]
The legislative policy to provide a coordinated and comprehensive state and local program of services for persons with developmental disability is expressed in RCW 71A.12.010.
[ 1988 c 176 s 301. ]
(1) The county governing authority of any county may appoint a developmental disability board to plan services for persons with developmental disabilities, to provide directly or indirectly a continuum of care and services to persons with developmental disabilities within the county or counties served by the community board. The governing authorities of more than one county by joint action may appoint a single developmental disability board. Nothing in this section shall prohibit a county or counties from combining the developmental disability board with another county board, such as a mental health board.
(2) Members appointed to the board shall include but not be limited to representatives of public, private, or voluntary agencies, representatives of local governmental units, and citizens knowledgeable about developmental disabilities or interested in services to persons with developmental disabilities in the community.
(3) The board shall consist of not less than nine nor more than fifteen members.
(4) Members shall be appointed for terms of three years and until their successors are appointed and qualified.
(5) The members of the developmental disability board shall not be compensated for the performance of their duties as members of the board, but may be paid subsistence rates and mileage in the amounts prescribed by RCW 42.24.090.
[ 1988 c 176 s 302. ]
Pursuant to RCW 71A.14.040 the secretary shall work with the county governing authorities and developmental disability boards who apply for state funds to coordinate and provide local services for persons with developmental disabilities and their families. The secretary is authorized to promulgate rules establishing the eligibility of each county and the developmental disability board for state funds to be used for the work of the board in coordinating and providing services to persons with developmental disabilities and their families. An application for state funds shall be made by the board with the approval of the county governing authority, or by the county governing authority on behalf of the board.
[ 1988 c 176 s 303. ]
The secretary shall review the applications from the county governing authority made under RCW 71A.14.030. The secretary may approve an application if it meets the requirements of this chapter and the rules promulgated by the secretary. The secretary shall promulgate rules to assist in determining the amount of the grant. In promulgating the rules, the secretary shall consider the population of the area served, the needs of the area, and the ability of the community to provide funds for the developmental disability program provided in this title.
[ 1988 c 176 s 304. ]
The department may require by rule that in order to be eligible for state funds, the county and the developmental disability board shall provide the following indirect services to the community:
(1) Serve as an informational and referral agency within the community for persons with developmental disabilities and their families;
(2) Coordinate all local services for persons with developmental disabilities and their families to insure the maximum utilization of all available services;
(3) Prepare comprehensive plans for present and future development of services and for reasonable progress toward the coordination of all local services to persons with developmental disabilities.
[ 1988 c 176 s 305. ]
The secretary by rule may authorize the county and the developmental disability board to provide any service for persons with developmental disabilities that the department is authorized to provide, except for operating residential habilitation centers under chapter 71A.20 RCW.
[ 1988 c 176 s 306. ]
In order for the developmental disability board to plan, coordinate, and provide required services for persons with developmental disabilities, the county governing authority and the board shall be eligible to obtain such confidential information from public or private schools and the department as is necessary to accomplish the purposes of this chapter. Such information shall be kept in accordance with state law and rules promulgated by the secretary under chapter 34.05 RCW to permit the use of the information to coordinate and plan services. All persons permitted to have access to or to use such information shall sign an oath of confidentiality, substantially as follows:
"As a condition of obtaining information from (fill in facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of using such confidential information, where release of such information may possibly make the person who received such services identifiable. I recognize that unauthorized release of confidential information may subject me to civil liability under state law."
[ 1988 c 176 s 307. ]
The county governing authority and the developmental disability board created under RCW 71A.14.020 are authorized to receive and spend funds received from the state under this chapter, or any federal funds received through any state agency, or any gifts or donations received by it for the benefit of persons with developmental disabilities.
[ 1988 c 176 s 308. ]
RCW 71A.12.120 authorizes local governments to participate in federal programs for persons with developmental disabilities.
[ 1988 c 176 s 309. ]
Counties are authorized by RCW 71.20.110 to fund county activities under this chapter. Expenditures of county funds under this chapter shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties.
[ 1988 c 176 s 310. ]
Any county or city within a county either of which is situated on the state boundaries is authorized to contract for developmental disability services with a county situated in either the states of Oregon or Idaho, which county is located on boundaries with the state of Washington.
[ 1988 c 176 s 311. ]
The goals of the parent to parent program are to:
(1) Provide early outreach, support, and education to parents who have a child with special health care needs;
(2) Match a trained volunteer support parent with a new parent who has a child with similar needs to the child of the support parent; and
(3) Provide parents with tools and resources to be successful as they learn to understand the support and advocacy needs of their children.
[ 2016 c 92 s 2. ]
NOTES:
Goal—2016 c 92: "For over thirty years, parent to parent programs for individuals with either developmental disabilities, or special health care needs, or both, have been providing emotional and informational support by matching parents seeking support with an experienced and trained support parent.
The parent to parent program currently exists in thirty-one counties: Adams, Asotin, Benton, Chelan, Clallam, Clark, Columbia, Cowlitz, Douglas, Franklin, Garfield, Grant, Grays Harbor, Island, Jefferson, King, Kitsap, Kittitas, Lewis, Lincoln, Mason, Pacific, Pierce, Skagit, Snohomish, Spokane, Thurston, Walla Walla, Whatcom, Whitman, and Yakima. It is the legislature's goal to continue, support, and enhance the programs in these counties and expand these programs statewide by 2021." [ 2016 c 92 s 1.]
Subject to the availability of funds appropriated for this specific purpose, activities of the parent to parent program may include:
(1) Outreach and support to newly identified parents of children with special health care needs;
(2) Trainings that educate parents in ways to support their child and navigate the complex health, educational, and social systems;
(3) Ongoing peer support from a trained volunteer support parent; and
(4) Regular communication with other local programs to ensure consistent practices.
[ 2016 c 92 s 3. ]
NOTES:
Goal—2016 c 92: See note following RCW 71A.14.120.
(1) Subject to the availability of funds appropriated for this specific purpose, the parent to parent program must be funded through the department and centrally administered through a pass-through to a Washington state lead organization that has extensive experience supporting and training support parents.
(2) Through the contract with the lead organization, each local program must be locally administered by an organization that shall serve as the host organization.
(3) Parents shall serve as advisors to the host organizations.
(4) A parent or grandparent of a child with developmental disabilities or special health care needs shall provide program coordination and local program information.
(5) The lead organization shall provide ongoing training to the host organizations and statewide program oversight and maintain statewide program information.
(6) For the purpose of chapter 92, Laws of 2016, "special health care needs" means disabilities, chronic illnesses or conditions, health-related educational or behavioral problems, or the risk of developing such disabilities, conditions, illnesses[,] or problems.
[ 2016 c 92 s 4. ]
NOTES:
Goal—2016 c 92: See note following RCW 71A.14.120.
(1) It is the intention of the legislature in this chapter to establish a single point of referral for persons with developmental disabilities and their families so that they may have a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. Eligible persons with developmental disabilities, whether they live in the community or residential habilitation centers, should have the opportunity to choose where they live.
(2) Until June 30, 2003, and subject to subsection (3) of this section, if there is a vacancy in a residential habilitation center, the department shall offer admittance to the center to any eligible adult, or eligible adolescent on an exceptional case-by-case basis, with developmental disabilities if his or her assessed needs require the funded level of resources that are provided by the center.
(3) The department shall not offer a person admittance to a residential habilitation center under subsection (2) of this section unless the department also offers the person appropriate community support services listed in RCW 71A.12.040.
(4) Community support services offered under subsection (3) of this section may only be offered using funds specifically designated for this purpose in the state operating budget. When these funds are exhausted, the department may not offer admittance to a residential habilitation center, or community support services under this section.
(5) Nothing in this section shall be construed to create an entitlement to state services for persons with developmental disabilities.
(6) Subsections (2) through (6) of this section expire June 30, 2003.
[ 1998 c 216 s 3; 1988 c 176 s 401. ]
NOTES:
Effective date—1998 c 216: See note following RCW 71A.10.020.
(1) A person is eligible for services under this title if the secretary finds that the person has a developmental disability as defined in RCW 71A.10.020.
(2) The secretary may adopt rules further defining and implementing the criteria in the definition of "developmental disability" under RCW 71A.10.020. Beginning July 1, 2025, the administration may not use intelligence quotient scores as a determinant of developmental disability. The administration shall maintain eligibility for the administration's services for any persons determined eligible after the age of 18 who were determined eligible using an intelligence quotient score under criteria in place prior to July 1, 2025. The administration shall not disenroll any client upon review at 18 years old who is determined to be eligible based on standards in place prior to or after July 1, 2025.
[ 2022 c 277 s 3; 1988 c 176 s 402. ]
NOTES:
Findings—2022 c 277: See note following RCW 71A.10.020.
(1) The secretary shall establish a single procedure for persons to apply for a determination of eligibility for services provided to persons with developmental disabilities.
(2) An application may be submitted by a person with a developmental disability, by the legal representative of a person with a developmental disability, or by any other person who is authorized by rule of the secretary to submit an application.
[ 2020 c 312 s 733; 1998 c 216 s 4; 1988 c 176 s 403. ]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—1998 c 216: See note following RCW 71A.10.020.
(1) On receipt of an application for services submitted under RCW 71A.16.030, the secretary in a timely manner shall make a written determination as to whether the applicant is eligible for services provided under this title for persons with developmental disabilities.
(2) The secretary shall give notice of the secretary's determination on eligibility to the person who submitted the application and to the applicant, if the applicant is a person other than the person who submitted the application for services. The notice shall also include a statement advising the recipient of the right to an adjudicative proceeding under RCW 71A.10.050 and the right to judicial review of the secretary's final decision.
(3) The secretary may establish rules for redetermination of eligibility for services under this title; however, the rules may not terminate or require redetermination of eligibility for a child under the age of 18 based solely on the child's age if the child has been determined to be eligible for services on or after the child's third birthday.
[ 2023 c 207 s 1; 1989 c 175 s 141; 1988 c 176 s 404. ]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
The determination made under this chapter is only as to whether a person is eligible for services. After the secretary has determined under this chapter that a person is eligible for services, the individual may request an assessment for eligibility for medicaid programs and specific services administered by the developmental disabilities administration. The secretary shall make a determination as to what services are appropriate for the person. The secretary shall prioritize services to medicaid eligible clients. Services may be made available to nonmedicaid eligible clients based on available funding. Services available through the state medicaid plan must be provided to those individuals who meet the eligibility criteria. The department shall establish and maintain a service request list database for individuals who are found to be eligible and have an assessed and unmet need for programs and services offered under a home and community-based services waiver, but the provision of a specific service would exceed the biennially budgeted capacity.
[ 2014 c 139 s 3; 1988 c 176 s 405. ]
NOTES:
Finding—Intent—2014 c 139: "In conjunction with recent findings from the Washington state auditor's office, the legislature finds that there are thousands of state citizens who have been determined eligible for services through the department of social and health services' developmental disability administration. For those who have asked for help but are waiting for services, families may experience financial or emotional hardships. The legislature intends to clarify and make transparent the process for accessing publicly funded services for individuals with developmental disabilities and their families. The legislature intends to significantly reduce the number of eligible individuals who are waiting for services by funding additional slots and by implementing new programs that better utilize federal funding partnerships." [ 2014 c 139 s 1.]
Program development—Implementation—2014 c 139: "The department of social and health services shall develop and implement a medicaid program to replace the individual and family services program for medicaid-eligible clients no later than May 1, 2015. The new medicaid program must offer services that closely resemble the services offered in fiscal year 2014 through the individual and family services program. To the extent possible, the department shall expand the client caseload on the medicaid program replacing the individual and family services program. The department is authorized in fiscal year 2015 to use general fund—state dollars previously provided for the individual and family services program to cover the cost of increasing the number of clients served in the new medicaid program." [ 2014 c 139 s 4.]
Program funding—2014 c 139: "By June 30, 2017, if additional federal funds through the community first choice option are attained, then the department of social and health services shall increase the number served on the medicaid program replacing the individual and family services program by at least four thousand, and increase by at least one thousand clients receiving services on the home and community-based services basic plus waiver. For both of these programs, the department of social and health services shall expend [expand] the client caseload beginning June 30, 2015." [ 2014 c 139 s 5.]
The secretary may produce and maintain an individual service plan for each eligible person. An individual service plan is a plan that identifies the needs of a person for services and determines what services will be in the best interests of the person and will meet the person's needs.
[ 1988 c 176 s 501. ]
The secretary may provide a service to a person eligible under this title if funds are available. If there is an individual service plan, the secretary shall consider the need for services as provided in that plan.
[ 1988 c 176 s 601. ]
An eligible person or the person's legal representative may reject an authorized service. Rejection of an authorized service shall not affect the person's eligibility for services and shall not eliminate the person from consideration for other services or for the same service at a different time or under different circumstances.
[ 1988 c 176 s 602. ]
(1) A person who is receiving a service under this title or the person's legal representative may request the secretary to authorize a service that is available under this title in place of a service that the person is presently receiving.
(2) The secretary upon receiving a request for change of service shall consult in the manner provided in RCW 71A.10.070 and within ninety days shall determine whether the following criteria are met:
(a) The alternative plan proposes a less dependent program than the person is participating in under current service;
(b) The alternative service is appropriate under the goals and objectives of the person's individual service plan;
(c) The alternative service is not in violation of applicable state and federal law; and
(d) The service can reasonably be made available.
(3) If the requested alternative service meets all of the criteria of subsection (2) of this section, the service shall be authorized as soon as reasonable, but not later than one hundred twenty days after completion of the determination process, unless the secretary determines that:
(a) The alternative plan is more costly than the current plan;
(b) Current appropriations are not sufficient to implement the alternative service without reducing services to existing clients; or
(c) Providing alternative service would take precedence over other priorities for delivery of service.
(4) The secretary shall give notice as provided in RCW 71A.10.060 of the grant of a request for a change of service. The secretary shall give notice as provided in RCW 71A.10.060 of denial of a request for change of service and of the right to an adjudicative proceeding.
(5)(a) When the secretary has changed service from a residential habilitation center to a setting other than a residential habilitation center, the secretary shall reauthorize service at the residential habilitation center if the secretary in reevaluating the needs of the person finds that the person needs service in a residential habilitation center.
(b) A person who has moved from a residential habilitation center that has closed to a community-based setting shall be offered a right to return to a residential habilitation center during the first year following their move to the community.
(6) If the secretary determines that current appropriations are sufficient to deliver additional services without reducing services to persons who are presently receiving services, the secretary is authorized to give persons notice under RCW 71A.10.060 that they may request the services as new services or as changes of services under this section.
[ 2011 1st sp.s. c 30 s 9; 1989 c 175 s 142; 1988 c 176 s 603. ]
NOTES:
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
(1) When considering the discontinuance of a service that is being provided to a person, the secretary shall consult as required in RCW 71A.10.070.
(2) The discontinuance of a service under this section does not affect the person's eligibility for services. Other services may be provided or the same service may be restored when it is again available or when it is again needed.
(3) Except when the service is discontinued at the request of the person receiving the service or that person's legal representative, the secretary shall give notice as required in RCW 71A.10.060.
[ 1988 c 176 s 604. ]
(1) Expenditures for the individual and family services waiver and the basic plus waiver administered under Title 71A RCW must be considered by the governor and the legislature for inclusion in maintenance level budgets beginning with the governor's budget proposal submitted in December 2022 and funding for these expenditures are subject to amounts appropriated for this specific purpose. The department of social and health services must annually submit a budget request for these expenditures.
(2) Beginning with the governor's budget proposal submitted in December 2022 and within the department's existing appropriations, the department of social and health services must annually submit a budget request for expenditures for the number of individuals who are expected to reside in state-operated living alternatives administered by the developmental disabilities administration under Title 71A RCW.
[ 2022 c 219 s 3. ]
NOTES:
Findings—Intent—2022 c 219: "(1) The legislature finds that the recommendations in the December 2019 report, "Rethinking Intellectual and Developmental Disability Policy to Empower Clients, Develop Providers, and Improve Services" and recommendations in the 2021 preliminary report of the joint executive and legislative task force established in chapter 317, Laws of 2020 are the product of deliberations among a diverse and dedicated group of stakeholders and are critical to advancing the continuum of care for individuals with developmental disabilities.
(2) The legislature intends to continue efforts to expand community residential settings and supports with the goals of reducing the risk of federal divestment from Washington's intermediate care facilities and delivering appropriate care to clients of the developmental disabilities administration. To that end, the legislature finds that a reliable network of community providers is critical to meeting these goals and that community residential rates must be established at appropriate levels to ensure that individuals with intellectual and developmental disabilities have community residential options that appropriately address their needs and ensure stable, permanent outcomes.
(3) The legislature also finds that it is imperative that internal processes within the department of social and health services, including those that guide eligibility determinations, assess hours of service delivery, and measure quality of providers, be examined to ensure that these systems function in the most streamlined and efficient manner with the goal of achieving a system that has greater consistency with regard to expectations and requirements of providers and that is structured to be more person-centered and user-friendly at interface." [ 2022 c 219 s 1.]
(1) This chapter covers the operation of residential habilitation centers. The selection of persons to be served at the centers is governed by chapters 71A.16 and 71A.18 RCW. The purposes of this chapter are: To provide for those persons who are exceptional in their needs for care, treatment, and education by reason of developmental disabilities, residential care designed to develop their individual capacities to their optimum; to provide for admittance, withdrawal and discharge from state residential habilitation centers upon application; and to insure a comprehensive program for the education, guidance, care, treatment, and rehabilitation of all persons admitted to residential habilitation centers.
(2) 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.
[ 2011 1st sp.s. c 30 s 4; 1988 c 176 s 701. ]
NOTES:
Findings—2011 1st sp.s. c 30: "The legislature finds that:
(1) A developmental disability is a natural part of human life and the presence of a developmental disability does not diminish a person's rights or the opportunity to participate in the life of the local community;
(2) The system of services for people with developmental disabilities should provide a balanced range of health, social, and supportive services at home or in other residential settings. The receipt of services should be coordinated so as to minimize administrative cost and service duplication, and eliminate unnecessarily complex system organization;
(3) The public interest would best be served by a broad array of services that would support people with developmental disabilities at home or in the community, whenever practicable, and that promote individual autonomy, dignity, and choice;
(4) In Washington state, people living in residential habilitation centers and their families are satisfied with the services they receive, and deserve to continue receiving services that meet their needs if they choose to receive those services in a community setting;
(5) As other care options for people with developmental disabilities become more available, the relative need for residential habilitation center beds is likely to decline. The legislature recognizes, however, that residential habilitation centers will continue to be a critical part of the state's long-term care options; and that such services should promote individual dignity, autonomy, and a home-like environment; and
(6) In a time of fiscal restraint, the state should consider the needs of all persons with developmental disabilities and spend its limited resources in a manner that serves more people, while not compromising the care people require." [ 2011 1st sp.s. c 30 s 1.]
Intent—2011 1st sp.s. c 30: "It is the intent of the legislature that:
(1) Community-based residential services supporting people with developmental disabilities should be available in the most integrated setting appropriate to individual needs; and
(2) An extensive transition planning and placement process should be used to ensure that people moving from a residential habilitation center to a community setting have the services and supports needed to meet their assessed health and welfare needs." [ 2011 1st sp.s. c 30 s 2.]
Conflict with federal requirements—2011 1st sp.s. c 30: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2011 1st sp.s. c 30 s 14.]
(1) Except as provided in subsections (2) and (3) of this section, the following residential habilitation centers are permanently established to provide services to persons with developmental disabilities: Lakeland Village, located at Medical Lake, Spokane county; Rainier school, located at Buckley, Pierce county; Yakima Valley school, located at Selah, Yakima county; and Fircrest school, located at Seattle, King county.
(2) The Yakima Valley school, located at Selah, Yakima county, shall cease to operate as a residential habilitation center when the conditions in RCW 71A.20.180(1)(a) are met.
(3) The Rainier school, located at Buckley, Pierce county shall cease to operate as a residential habilitation center when the conditions in RCW 71A.20.191(5) are met.
[ 2025 c 410 s 1; 2011 1st sp.s. c 30 s 5; 1994 c 215 s 1; 1988 c 176 s 702. ]
NOTES:
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Effective date—1994 c 215: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [ 1994 c 215 s 3.]
(1) The secretary may use surplus physical facilities at eastern state hospital as a residential habilitation center, which shall be known as the "Interlake School."
(2) The secretary may designate and select such buildings and facilities and tracts of land at eastern state hospital that are surplus to the needs of the department for mentally ill persons and that are reasonably necessary and adequate for services for persons with developmental disabilities. The secretary shall also designate those buildings, equipment, and facilities which are to be used jointly and mutually by both eastern state hospital and Interlake School.
[ 1988 c 176 s 703. ]
The secretary may under RCW 72.29.010 use the Harrison Memorial Hospital property at Bremerton, Kitsap county, for services to persons with developmental disabilities.
[ 1988 c 176 s 704. ]
(1) The secretary shall appoint a superintendent for each residential habilitation center. The superintendent of a residential habilitation center shall have a demonstrated history of knowledge, understanding, and compassion for the needs, treatment, and training of persons with developmental disabilities.
(2) The secretary shall have custody of all residents of the residential habilitation centers and control of the medical, educational, therapeutic, and dietetic treatment of all residents, except that the school district that conducts the program of education provided pursuant to RCW 28A.190.030 through 28A.190.050 shall have control of and joint custody of residents while they are participating in the program. The secretary shall cause surgery to be performed on any resident only upon gaining the consent of a parent, guardian, or limited guardian as authorized, except, if after reasonable effort to locate the parents, guardian, or limited guardian as authorized, and the health of the resident is certified by the attending physician to be jeopardized unless such surgery is performed, the required consent shall not be necessary.
[ 1990 c 33 s 589; 1988 c 176 s 705. ]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
The secretary shall have authority to engage the residents of a residential habilitation center in beneficial work programs, but the secretary shall not engage residents in excessive hours of work or work for disciplinary purposes.
[ 1988 c 176 s 706. ]
(1) An educational program shall be created and maintained for each residential habilitation center pursuant to RCW 28A.190.030 through 28A.190.050. The educational program shall provide a comprehensive program of academic, vocational, recreational, and other educational services best adapted to meet the needs and capabilities of each resident.
(2) The superintendent of public instruction shall assist the secretary in all feasible ways, including financial aid, so that the educational programs maintained within the residential habilitation centers are comparable to the programs advocated by the superintendent of public instruction for children with similar aptitudes in local school districts.
(3) Within available resources, the secretary shall, upon request from a local school district, provide such clinical, counseling, and evaluating services as may assist the local district lacking such professional resources in determining the needs of its exceptional children.
[ 1990 c 33 s 590; 1988 c 176 s 707. ]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
(1) Whenever in the judgment of the secretary, the treatment and training of any resident of a residential habilitation center has progressed to the point that it is deemed advisable to return such resident to the community, the secretary may grant placement on such terms and conditions as the secretary may deem advisable after consultation in the manner provided in RCW 71A.10.070. The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060. The notice must include a statement advising the recipient of the right to an adjudicative proceeding under RCW 71A.10.050 and the time limits for filing an application for an adjudicative proceeding. The notice must also include a statement advising the recipient of the right to judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.
(2) A placement decision shall not be implemented at any level during any period during which an appeal can be taken or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently pursued.
[ 2011 1st sp.s. c 30 s 10; 1989 c 175 s 143; 1988 c 176 s 708. ]
NOTES:
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
The secretary shall determine by the application of proper criteria the maximum number of persons to reside in the residential quarters of each residential habilitation center. The secretary in authorizing service at a residential habilitation center shall not exceed the maximum population for the residential habilitation center unless the secretary makes a written finding of reasons for exceeding the rated capacity.
[ 1988 c 176 s 709. ]
The secretary shall serve as custodian without compensation of personal property of a resident of a residential habilitation center that is located at the residential habilitation center, including moneys deposited with the secretary for the benefit of the resident. As custodian, the secretary shall have authority to disburse moneys from the resident's fund for the following purposes and subject to the following limitations:
(1) Subject to specific instructions by a donor of money to the secretary for the benefit of a resident, the secretary may disburse any of the funds belonging to a resident for such personal needs of the resident as the secretary may deem proper and necessary.
(2) The secretary may pay to the department as reimbursement for the costs of care, support, maintenance, treatment, hospitalization, medical care, and habilitation of a resident from the resident's fund when such fund exceeds a sum as established by rule of the department, to the extent of any notice and finding of financial responsibility served upon the secretary after such findings shall have become final. If the resident does not have a guardian, parent, spouse, or other person acting in a representative capacity, upon whom notice and findings of financial responsibility have been served, then the secretary shall not make payments to the department as provided in this subsection, until a guardian has been appointed by the court, and the time for the appeal of findings of financial responsibility as provided in RCW 43.20B.430 shall not commence to run until the appointment of such guardian and the service upon the guardian of notice and findings of financial responsibility.
(3) When services to a person are changed from a residential center to another setting, the secretary shall deliver to the person, or to the parent, guardian, or agency legally responsible for the person, all or such portion of the funds of which the secretary is custodian as defined in this section, or other property belonging to the person, as the secretary may deem necessary to the person's welfare, and the secretary may deliver to the person such additional property or funds belonging to the person as the secretary may from time to time deem proper, so long as the person continues to receive service under this title. When the resident no longer receives any services under this title, the secretary shall deliver to the person, or to the parent, person, or agency legally responsible for the person, all funds or other property belonging to the person remaining in the secretary's possession as custodian.
(4) All funds held by the secretary as custodian may be deposited in a single fund, the receipts and expenditures from the fund to be accurately accounted for by the secretary. All interest accruing from, or as a result of the deposit of such moneys in a single fund shall be credited to the personal accounts of the residents. All expenditures under this section shall be subject to the duty of accounting provided for in this section.
(5) The appointment of a guardian for the estate of a resident shall terminate the secretary's authority as custodian of any funds of the resident which may be subject to the control of the guardianship, upon receipt by the secretary of a certified copy of letters of guardianship. Upon the guardian's request, the secretary shall immediately forward to the guardian any funds subject to the control of the guardianship or other property of the resident remaining in the secretary's possession, together with a full and final accounting of all receipts and expenditures made.
(6) Upon receipt of a written request from the secretary stating that a designated individual is a resident of the residential habilitation center and that such resident has no legally appointed guardian of his or her estate, any person, bank, corporation, or agency having possession of any money, bank accounts, or choses in action owned by such resident, shall, if the amount does not exceed two hundred dollars, deliver the same to the secretary as custodian and mail written notice of the delivery to such resident at the residential habilitation center. The receipt by the secretary shall constitute full and complete acquittance for such payment and the person, bank, corporation, or agency making such payment shall not be liable to the resident or his or her legal representative. All funds so received by the secretary shall be duly deposited by the secretary as custodian in the resident's fund to the personal account of the resident. If any proceeding is brought in any court to recover property so delivered, the attorney general shall defend the lawsuit without cost to the person, bank, corporation, or agency that delivered the property to the secretary, and the state shall indemnify such person, bank, corporation, or agency against any judgment rendered as a result of such proceeding.
[ 1988 c 176 s 710. ]
When clothing for a resident of a residential habilitation center is not otherwise provided, the secretary shall provide a resident with suitable clothing, the actual cost of which shall be a charge against the parents, guardian, or estate of the resident. If such parent or guardian is unable to provide or pay for the clothing, or the estate of the resident is insufficient to provide or pay for the clothing, the clothing shall be provided by the state.
[ 1988 c 176 s 711. ]
The subject of financial responsibility for the provision of services to persons in residential habilitation centers is covered by RCW 43.20B.410 through 43.20B.455.
[ 1988 c 176 s 712. ]
Upon the death of a resident of a residential habilitation center, the secretary may supplement such funds as were in the resident's account at the time of the person's death to provide funeral and burial expense for the deceased resident. These expenses shall not exceed funeral and burial expenses allowed under *RCW 74.08.120.
[ 1988 c 176 s 713. ]
NOTES:
*Reviser's note: RCW 74.08.120 was repealed by 1997 c 58 s 1002.
(1) If a resident of a residential habilitation center desires to leave the center and the secretary believes that departures may be harmful to the resident, the secretary may hold the resident at the residential habilitation center for a period not to exceed forty-eight hours in order to consult with the person's legal representative as provided in RCW 71A.10.070 as to the best interests of the resident.
(2) The secretary shall adopt rules to provide for the application of subsection (1) of this section in a manner that protects the constitutional rights of the resident.
(3) Neither the secretary nor any person taking action under this section shall be civilly or criminally liable for performing duties under this section if such duties were performed in good faith and without gross negligence.
[ 1988 c 176 s 714. ]
Without committing the department to continued provision of service, the secretary may admit a person eligible for services under this chapter to a residential habilitation center for a period not to exceed thirty days for observation prior to determination of needed services, where such observation is necessary to determine the extent and necessity of services to be provided.
[ 1988 c 176 s 715. ]
(1) The developmental disabilities community services account is created in the state treasury.
(2) The following revenues must be deposited in the account:
(a) All net proceeds from leases or sales of real property, conservation easements, and sales of timber, from the state properties at the Fircrest residential habilitation center, the Lakeland Village residential habilitation center, the Rainier school, and the Yakima Valley school. However, real property that is determined by the department of social and health services to be required for the operations of the residential habilitation centers is excluded from the real property that may be leased or sold for the benefit of the account. In addition, real property owned by the charitable, educational, penal, and reformatory institutions trust, and revenue therefrom, is excluded; and
(b) Any other moneys appropriated or transferred to the account by the legislature.
(3) Any sale, lease, or easement under this section must be at fair market value.
(4) Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively for:
(a) Supports and services in a community setting to benefit eligible persons with intellectual and developmental disabilities;
(b) Investment expenses of the state investment board; or
(c) During the 2025-2027 fiscal biennium, the legislature may direct the treasurer to make transfers of money in the developmental disabilities community services account to the general fund.
(5) The department of social and health services must solicit recommendations from the Washington state developmental disabilities council regarding expenditure of moneys from the Dan Thompson memorial developmental disabilities community services account for supports and services in a community setting to benefit eligible persons with developmental disabilities.
(6) Expenditures from the account must supplement, and may not replace, supplant, or reduce current state expenditure levels for supports and services in the community setting for eligible persons with developmental disabilities.
(7)(a) The state investment board must invest moneys in the account. The state investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the account. All investment and operating costs associated with the investment of money shall be paid under RCW 43.33A.160 and 43.84.160.
(b) All investments made by the state investment board shall be made with the degree of judgment and care required under RCW 43.33A.140 and the investment policy established by the state investment board.
(c) The state investment board shall routinely consult and communicate with the department of social and health services and the legislature on the investment policy, earnings of the account, and related needs of the account.
(8) The account shall be known as the Dan Thompson memorial developmental disabilities community services account.
[ 2026 c 268 s 937; 2020 c 250 s 1; 2011 1st sp.s. c 30 s 12; 2008 c 265 s 1; 2005 c 353 s 1. ]
NOTES:
Effective date—2026 c 268: See note following RCW 28B.15.210.
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Effective dates—2005 c 353: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005], except for section 3 of this act which takes effect July 1, 2005, and section 4 of this act which takes effect July 1, 2006." [ 2005 c 353 s 7.]
(1)(a) The Yakima Valley school shall continue to operate as a residential habilitation center until such time that the census of permanent residents has reached eight persons. Upon such time as the facility closes to full residential care, the facility must thereafter operate crisis stabilization beds and only so many respite service beds as the needs of the department-identified catchment area or as emergency placement needs require, subject to the availability of amounts appropriated for this specific purpose.
(b) As of October 19, 2017, no new long-term admissions are permitted.
(2) The department, within available funds:
(a) Shall establish state-operated living alternatives, within funds specifically provided in the omnibus appropriations act, to provide community residential services to residential habilitation center residents transitioning to the community under chapter 30, Laws of 2011 1st sp. sess. who prefer a state-operated living alternative. The department shall offer residential habilitation center employees opportunities to work in state-operated living alternatives as they are established;
(b) May use existing supported living program capacity in the community for former residential habilitation center residents who prefer and choose a supported living program;
(c) Shall establish up to eight state-staffed crisis stabilization beds and up to eight state-staffed respite beds based upon funding provided in the omnibus appropriations act and the geographic areas with the greatest need for those services;
(d) Shall establish regional or mobile specialty services evenly distributed throughout the state, such as dental care, physical therapy, occupational therapy, and specialized nursing care, which can be made available to former residents of residential habilitation centers and, within available funds, other individuals with developmental disabilities residing in the community; and
(e) Shall continue to provide respite services in residential habilitation centers and continue to develop respite care in the community.
[ 2017 3rd sp.s. c 19 s 1; 2011 1st sp.s. c 30 s 6. ]
NOTES:
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
(1)(a) Except as provided in subsection (2) of this section, as of July 27, 2025, no new long-term admissions are permitted at the Rainier school, located at Buckley, Pierce county.
(b) Except as provided in subsection (2) of this section, as of June 30, 2027, no admissions of any kind are permitted at the Rainier school, located at Buckley, Pierce county.
(2) Until the conditions in subsection (5) of this section are met, a former long-term resident of the Rainier school who moves to a community-based setting after July 27, 2025, shall be offered the right to return to the Rainier school once during the first year following their move to the community and this shall not be considered a new admission for purposes of subsection (1) of this section. If a former resident of the Rainier school exercises the right to return established in this subsection (2), any additional request to return to the Rainier school after a second move to the community shall be reviewed by the department and must be approved by the secretary, based on the recommendation from a multidisciplinary care team. In addition to the right to return established in this subsection (2), any former resident of the Rainier school maintains the right to return to a residential habilitation center established in RCW 71A.18.040 and the right to residential habilitation center services when determined eligible.
(3)(a) The department shall:
(i) Provide state-operated living alternatives to residential habilitation center residents transitioning to the community from the Rainier school who prefer a state-operated community residential service;
(ii) Use supported living program and adult family home capacity in the community for residents of the Rainier school who prefer and choose these settings;
(iii) Provide space at other residential habilitation centers to residents of the Rainier school who prefer a different residential habilitation center setting; and
(iv) Offer employees of the Rainier school opportunities to work in state-operated living alternatives and other state facilities and programs.
(b) Sufficient funding shall be appropriated to the department to fulfill the requirements of this subsection (3).
(4) When assisting individuals who are transitioning out of the Rainier school the department shall:
(a) Offer each individual resident a meaningful choice of appropriate alternative placements;
(b) Prioritize client choice, autonomy, individual preferences, medical and behavioral health care needs, and opportunities for community integration;
(c) Develop individualized transition plans in collaboration with each resident and their family or legal guardian, caregivers, and support providers;
(d) Coordinate closely with other state agencies, local entities, health care providers, and community stakeholders to ensure seamless transitions;
(e) Provide or contract for all necessary assessments, planning, relocation expenses, housing modifications, staff training, crisis support, and related transition activities; and
(f) Implement robust oversight and accountability measures related to the transitions, and regularly monitor transition outcomes, as well as individual well-being and satisfaction.
(5) The Rainier school, located at Buckley, Pierce county shall continue to operate as a residential habilitation center until such time that the census of long-term residents has reached zero persons.
(6) "Closure" for purposes of chapter 410, Laws of 2025 means prohibiting new admissions as described in subsection (1) of this section.
[ 2025 c 410 s 2. ]
(1) The department of social and health services shall, in compliance with RCW 43.01.036, submit a report to the appropriate committees of the legislature on December 1, 2025, June 1, 2026, December 1, 2026, June 1, 2027, June 1, 2028, and annually thereafter that provides the information described in subsection (2) of this section.
(2) The report required under subsection (1) of this section must include the following:
(a) A point in time description of the capacity for all residential settings for clients of the developmental disabilities administration within the department of social and health services;
(b) The number of former residents who have transitioned out of the Rainier school after July 27, 2025, and the type of setting that the person transitioned to, including additional transitions from the initial placement;
(c) The number of deaths of former residents who have transitioned out of the Rainier school after July 27, 2025, and into other residential settings supported by the developmental disabilities administration;
(d) The geographic distribution of residential placements across all existing residential placements for clients of the developmental disabilities administration within the department of social and health services; and
(e) Information regarding former Rainier school employees who have transitioned to other state employment, left the industry, or transitioned to private sector employment after July 27, 2025.
(3) This section expires July 1, 2030.
[ 2025 c 410 s 3. ]
(1) Any time the department receives notice that a residential habilitation center is out of compliance with the centers for medicare and medicaid services conditions of participation or requirements, the secretary or the secretary's designee shall provide notice, in the manner described in subsection (2) of this section, within 10 days, of the following:
(a) The initial statement of deficiencies or other determination of noncompliance, including the reason or reasons for the finding of noncompliance, and a plain language summary of the findings that explains the nature of the noncompliance and its potential impact on resident safety;
(b) Establishment of any plan of correction for the facility; and
(c) All subsequent determinations regarding the facility's return, or failure to return, to compliance, and any related enforcement action.
(2) Notices as required in subsection (1) of this section must be:
(a) Prominently posted at the relevant residential habilitation center until the violation is corrected to the satisfaction of the centers for medicare and medicaid services. The notices must be posted in a place or places in plain view of the residents of the residential habilitation center, persons visiting those residents, and any person who inquires about placement in the facility. Posted notices must be in English and all alternative languages that have been requested by residents of the relevant residential habitation center;
(b) Provided in writing or email to individuals as indicated in RCW 71A.10.060 that are associated with residents of the relevant residential habilitation center. If individuals for which notice must be provided under this subsection (b) [(2)(b)] have indicated a preferred language other than English, notice must be provided in the preferred language; and
(c) Emailed, or delivered by other electronic means, to the relevant committees of the legislature, within existing resources.
[ 2026 c 95 s 1. ]
The provisions of this chapter shall be liberally construed to accomplish its purposes.
[ 1988 c 176 s 716. ]
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 162. ]
The secretary may enter into agreements with any person or with any person, corporation, or association operating a day training center or group training home or a combination day training center and group training home approved by the department, for the payment of all, or a portion, of the cost of the care, treatment, maintenance, support, and training of persons with developmental disabilities.
[ 1988 c 176 s 801. ]
As used in this chapter:
(1) "Day training center" means a facility equipped, supervised, managed, and operated at least three days per week by any person, association, or corporation on a nonprofit basis for the day-care, treatment, training, and maintenance of persons with developmental disabilities, and approved under this chapter and the standards under rules adopted by the secretary.
(2) "Group training home" means a facility equipped, supervised, managed, and operated on a full-time basis by any person, association, or corporation on a nonprofit basis for the full-time care, treatment, training, and maintenance of persons with developmental disabilities, and approved under this chapter and the standards under the rules adopted by the secretary.
[ 1988 c 176 s 802. ]
All payments made by the secretary under this chapter, shall be, insofar as possible, supplementary to payments to be made to a day training center or group training home, or a combination of both, by the persons with developmental disabilities resident in the home or center. Payments made by the secretary under this chapter shall not exceed actual costs for the care, treatment, support, maintenance, and training of any person with a developmental disability whether at a day training center or group training home or combination of both.
[ 1988 c 176 s 803. ]
Any person, corporation, or association may apply to the secretary for approval and certification of the applicant's facility as a day training center or a group training home for persons with developmental disabilities, or a combination of both. The secretary may either grant or deny certification or revoke certification previously granted after investigation of the applicant's facilities, to ascertain whether or not such facilities are adequate for the care, treatment, maintenance, training, and support of persons with developmental disabilities, under standards in rules adopted by the secretary. Day training centers and group training homes must meet local health and safety standards as may be required by local health and fire-safety authorities.
[ 1989 c 329 s 2; 1988 c 176 s 804. ]
(1) Except as otherwise provided in this section, the provisions of this title govern applications for payment by the state for services in a day training center or group training home approved by the secretary under this chapter.
(2) In determining eligibility and the amount of payment, the secretary shall make special provision for group training homes where parents are actively involved as a member of the administrative board of the group training home and who may provide for some of the services required by a resident therein. The special provisions shall include establishing eligibility requirements for a person placed in such a group training home to have a parent able and willing to attend administrative board meetings and participate insofar as possible in carrying out special activities deemed by the board to contribute to the well being of the residents.
(3) If the secretary determines that a person is eligible for services in a day training center or group training home, the secretary shall determine the extent and type of services to be provided and the amount that the department will pay, based upon the needs of the person and the ability of the parent or the guardian to pay or contribute to the payment of the monthly cost of the services.
(4) The secretary may, upon application of the person who is receiving services or the person's legal representative, after investigation of the ability or inability of such persons to pay, or without application being made, modify the amount of the monthly payments to be paid by the secretary for services at a day training center or group training home or combination of both.
[ 1988 c 176 s 805. ]
A day training center and a group training home under this chapter shall be a nonsectarian training center and a nonsectarian group training home.
[ 1988 c 176 s 806. ]
(1) The legislature recognizes that the number of children who have developmental disabilities along with intense behaviors is increasing, and more families are seeking out-of-home placement for their children.
(2) The legislature intends to create services and to develop supports for these children, family members, and others involved in the children's lives to avoid disruption to families, help prevent the need for out-of-home placement, and supplement the child welfare services a child may be receiving from the department of children, youth, and families.
(3) The legislature directs the department to maintain a federal waiver through which services may be provided to allow children with developmental disabilities and intense behaviors to maintain permanent and stable familial relationships. 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, but also offered to children in out-of-home placement when necessary.
[ 2023 c 345 s 3; 2009 c 194 s 1. ]
(1) To the extent funding is appropriated for this purpose, intensive behavior support services may be provided by the department, directly or by contract, to children who have developmental disabilities and intense behaviors and to their families.
(2) The department shall be the lead administrative agency for children's intensive behavior support services and shall:
(a) Collaborate with appropriate parties to develop and implement the intensive in-home support services program within the division of developmental disabilities;
(b) Use best practices and evidence-based practices;
(c) Provide coordination and planning for the implementation and expansion of intensive in-home services;
(d) Contract for the provision of intensive in-home and planned out-of-home services;
(e) Monitor and evaluate services to determine whether the program meets standards identified in the service contracts;
(f) Collect data regarding the number of families served, and costs and outcomes of the program;
(g) Adopt appropriate rules to implement the program;
(h) License out-of-home respite placements on a timely basis; and
(i) Maintain an appropriate staff-to-client ratio.
(3) A child may receive intensive behavior support services when the department has determined that:
(a) The child is under the age of twenty-one;
(b) The child has a developmental disability and has been determined eligible for these services;
(c) The child/family acuity scores are high enough in the assessment conducted by the division of developmental disabilities to indicate the child's behavior puts the child or family at significant risk or is very likely to require an out-of-home placement;
(d) The child meets eligibility for the home and community-based care waiver;
(e) The child resides in his or her family home or is in an out-of-home placement; and
(f) The family agrees to participate in the program and complete the care and support steps outlined in the completed individual support plan.
[ 2023 c 345 s 4; 2009 c 194 s 2. ]
(1) Intensive behavior support services under the program authorized in RCW 71A.24.010 shall be provided through a core team of highly trained individuals, either directly or by contract.
(2) The intensive behavior support services 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, and assist the family to locate and use other community services.
(3) The core team shall have the following characteristics and responsibilities:
(a) Expertise in behavior management, therapies, and children's crisis intervention, or the ability to access such specialized expertise;
(b) Ability to coordinate the array of services and supports needed to stabilize the family;
(c) Ability to conduct transition planning as an individual and the individual's family leave the program; and
(d) Ability to authorize and coordinate the services in the family's home and other environments, such as schools and neighborhoods.
(4) The following types of services constitute intensive behavior support services:
(a) Behavior management and consultation;
(b) Environmental adaptations;
(c) Motor vehicle adaptations;
(d) Therapy equipment and supplies;
(e) Personal care;
(f) Specialized diet goods and services;
(g) In-home respite and planned out-of-home respite;
(h) Intensive training to intervene effectively with the child for families and other individuals and partners working with the child in all domains, including the school and individualized education plan team; and
(i) Coordination and planning.
[ 2009 c 194 s 3. ]
The rights set forth in this chapter are the minimal rights guaranteed to all clients of the administration, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.
[ 2020 c 271 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administration" means the division of the department responsible for providing services to eligible persons, but does not include the division of the department responsible for the licensing and certification of services and facilities for eligible persons.
(2) "Assessment" has the same meaning as defined in RCW 71A.10.020.
(3) "Client" means a person who has a developmental disability as defined in RCW 71A.10.020 and has been determined to be eligible to receive services under chapter 71A.16 RCW.
(4) "Department" means the department of social and health services.
(5) "Developmental disabilities ombuds" means the office created under chapter 43.382 RCW.
(6) "Eligible person" has the same meaning as defined in RCW 71A.10.020.
(7) "Legal representative" means a parent of a client under age eighteen, a court-appointed guardian or limited guardian under Title 11 RCW if the subject matter is within the scope of the guardianship order, or any other person authorized by law to act for the client.
(8) "Necessary supplemental accommodation representative" means an individual who receives copies of administration correspondence in order to help a client or eligible person understand the documents and exercise the client or eligible person's rights. The necessary supplemental accommodation representative is identified by the client or eligible person when the client or eligible person does not have a legal guardian and is requesting or receiving services from the administration.
(9) "Provider" means an individual, a facility, or an agency that is one or more of the following: Licensed, certified, contracted by the department, or state operated to provide services to administration clients.
(10) "Restraint" includes:
(a) Physical restraint, which is a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the client's body that restricts freedom of movement or access to the client's body, is used for discipline or convenience, and is not required to treat the client's medical symptoms; and
(b) Chemical restraint, which is a psychopharmacologic drug that is used for discipline or convenience and is not required to treat the client's medical symptoms.
(11) "Restriction" means a limitation on the client's use or enjoyment of property, social activities, or engagement in the community.
(12) "Service plan" means any plan required by the department to deliver the services authorized by the administration to the client.
[ 2020 c 271 s 2. ]
(1) The administration must notify the individual and the individual's legal representative or necessary supplemental accommodation representative of the rights set forth in this chapter upon determining the individual is an eligible person. The notification the administration provides must be in written form. The administration must document the date that the notification required in this subsection was provided.
(2) The administration must notify a client and a client's legal representative or necessary supplemental accommodation representative of the rights set forth in this chapter upon conducting a client's assessment. The notification the administration provides must be in written form. The administration must document the date that the notification required in this subsection was provided.
(3) The client has the right to exercise autonomy and choice free from provider interference. This includes the client's rights to:
(a) Be free from sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion;
(b) Be free from discrimination based on race, color, creed, national origin, religion, sex, age, disability, marital and family status, gender identity, or sexual orientation;
(c) Make choices regarding the type of food available within the client's resources and service plan;
(d) Have visitors at the client's home and associate with persons of the client's choosing and subject to limitations as negotiated with the client's housemates;
(e) Control the client's schedule and choose activities, schedules, and health care that meet the client's needs;
(f) Information about the treatment ordered by the client's health care provider and help plan how the treatment will be implemented;
(g) Be free from unnecessary medication, restraints, and restrictions;
(h) Vote, participate in the democratic process, and help people with getting elected to office;
(i) Manage the client's money or choose a person to assist;
(j) Be part of the community;
(k) Make choices about the client's life;
(l) Choose the clothes and hairstyle the client wears;
(m) Furnish and decorate the client's bedroom to the client's preferences or furnish and decorate the client's home to the client's preferences subject to agreement with the client's housemates;
(n) Seek paid employment;
(o) Receive the services that the client agrees to receive;
(p) Decide whether or not to participate in research after the research has been explained to the client, and after the client or the client's legal representative gives written consent for the client to participate in the research; and
(q) Be free from financial exploitation.
(4) The client has the right to participate in the administration's service planning. This includes the client's right to:
(a) Be present and provide input on the client's service plans written by the administration and providers;
(b) Have meaningful opportunities to lead planning processes;
(c) Have the client's visions for a meaningful life and the client's goals for education, employment, housing, relationships, and recreation included in the planning process;
(d) Choose an advocate to attend the planning processes with the client; and
(e) Have access to current and accurate information about recreation, education, and employment opportunities available in the client's community.
(5) The client has the right to access information about services and health care. This includes the client's right to:
(a) View a copy of all of the client's service plans;
(b) Possess full copies of the client's current service plans;
(c) Review copies of the policies and procedures for any service the client receives, at any time. This includes policies and procedures about how the client may file a complaint to providers and the department;
(d) Examine the results of the department's most recent survey or inspection conducted by state surveyors or inspectors, statements of deficiency, and plans of correction in effect with respect to the client's provider and the client's residence. The client's service provider must assist the client with locating and accessing this information upon the client's request; and
(e) Receive written notification of enforcement actions taken by the department against the client's provider. The administration's case manager or designee must provide notification to the client and the client's legal representative or necessary supplemental accommodation representative within twenty days, excluding weekends and holidays, of the date of enforcement. For purposes of this subsection, a "provider" means an entity that provides residential services received by a client that is operated by or contracted through the administration. An enforcement action that requires this notification includes:
(i) Conditions placed on the provider certification or license;
(ii) Suspension or limited suspension of referrals or admissions;
(iii) Imposition of provisional certification or decertification; or
(iv) Denial, suspension, or revocation of a license or certification.
(6) The client has the right to file complaints and grievances, and to request appeals. This includes the client's right to:
(a) Appeal any decision by the department that denies, reduces, or terminates the client's eligibility, services, or choice of provider as defined in federal medicaid law and state public assistance laws;
(b) Submit grievances to the client's provider about the client's services or other concerns. This includes, but is not limited to, concerns about the behavior of other people where the client lives. The provider must maintain a written policy on the grievance process that includes timelines and possible remedies. If a grievance is unresolved, the provider must provide the client with information on how to submit the grievance to the department;
(c) File complaints and grievances, and request appeals without penalty or retaliation by the department or providers; and
(d) Receive information about how to obtain accommodation for disability in the appeal process.
(7) The client has the right to privacy and confidentiality. This includes the client's right to:
(a) Personal privacy and confidentiality of the client's personal records;
(b) Communicate privately, including the right to send and receive mail and email, and the right to use a telephone in an area where calls can be made without being overheard; and
(c) Meet with and talk privately with the client's friends and family.
(8) The client has rights during discharge, transfer, and termination of services as set forth in this subsection.
(a) Clients that are residents of a long-term care facility that is licensed under chapter 18.20, 72.36, or 70.128 RCW have the rights set forth in RCW 70.129.110.
(b) Clients that receive certified community residential services have the right to:
(i) Remain with the client's provider. Services must not be terminated unless the provider determines and documents that:
(A) The provider cannot meet the needs of the client;
(B) The client's safety or the safety of other individuals in the facility or residence is endangered;
(C) The client's health or the health of other individuals in the facility or residence would otherwise be endangered; or
(D) The provider ceases to operate.
(ii) Receive written notice from the provider of any potential termination of services at least thirty days before such termination, except when there is a health and safety emergency that requires termination of service, in which case notice shall be provided at least seventy-two hours before the date of termination. The notice must be provided to the client and the client's legal representative or necessary supplemental accommodation representative. The notice must include:
(A) The reason for termination of services; and
(B) The effective date of termination of services.
(iii) Receive a transition plan at least two days before the effective date of the termination of services, or if the termination was based on a health and safety emergency receive a transition plan within two days of the administration's receipt of notice for emergency termination. The administration must provide the client and the client's legal representative or necessary supplemental accommodation representative with the plan. The plan must include:
(A) The location where the client will be transferred;
(B) The mode of transportation to the new location; and
(C) The name, address, and telephone number of the developmental disabilities ombuds.
(c) A provider that provides services to clients in a residence owned by the provider must exhaust the procedures for termination of services prior to the commencement of any unlawful detainer action under RCW 59.12.030.
(9) The client has the right to access advocates. The client has the right to receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies. The provider must not interfere with the client's access to any of the following:
(a) Any representative of the state;
(b) The resident's individual physician;
(c) The developmental disabilities ombuds; or
(d) Any representative of the organization designated to implement the protection and advocacy program pursuant to RCW 71A.10.080.
(10) If a client is subject to a guardianship order pursuant to *chapter 11.88 RCW, the rights of the client under this chapter are exercised by the client's guardian if the subject matter is within the scope of the guardianship order.
[ 2020 c 271 s 3. ]
NOTES:
***** Reviser's note: Chapter 11.88 RCW was repealed by 2020 c 312 s 904, effective January 1, 2022.
The department shall adopt rules as necessary to inform clients and providers of the client rights set forth in this chapter. The department shall adopt rules as necessary to provide oversight and enforcement of provider practices relating to these rights for providers licensed or certified by the department.
[ 2020 c 271 s 4. ]
Nothing in this chapter limits an existing private right of action against the department, the administration, or the state of Washington. Nothing in this chapter creates a private right of action against the department, the administration, or the state of Washington.
[ 2020 c 271 s 5. ]
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, because of the intense support required to care for a child with developmental disabilities, the help of out-of-home services may be needed. It is the intent of the legislature that, when the sole reason for out-of-home services is the child's developmental disability, such services be offered by the department to these children through a voluntary person-centered service planning process and in accordance with rules adopted by the department.
[ 2020 c 41 s 1; 2019 c 470 s 17; 2011 c 309 s 34; 2004 c 183 s 4; 1998 c 229 s 1; 1997 c 386 s 16. Formerly RCW 74.13.350. ]
NOTES:
Effective date—2004 c 183: See note following RCW 13.34.160.
(1) Under the person-centered service plan, the parent or legal guardian retains legal custody for the child's placement and care. The service plan must be signed by the child's parent or legal guardian and the department to be in effect.
(2) The parent or legal guardian may terminate services at any time. Upon termination of services, the child's parent or legal guardian retains legal custody for the child's placement and care unless the child has been taken into custody by the department of children, youth, and families, pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.
(3) The department of social and health services must adopt rules for the person-centered service plan.
(4) For purposes of this section, "person-centered service plan" means a written plan between the department and a child's parent or legal guardian approving services for the child in a licensed or certified setting.
[ 2020 c 41 s 2. ]
(1) It is the intent of the legislature that the department offer voluntary out-of-home services in cases where the sole reason for the child's out-of-home services is due to the child's developmental disability and the parent, guardian, or legal custodian has determined that the child would benefit from services outside of the home. If the department does not offer out-of-home services, a petition may be filed and an action pursued under chapter 13.34 RCW.
(2) Nothing in this section prevents the department of children, youth, and families from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030.
(3) The department must adopt rules for out-of-home services.
(4) As used in this section, "out-of-home services" means the services provided to a child by a provider that is licensed to serve children under chapter 74.15 RCW and is contracted by the department or provided by a state-operated community program of the developmental disabilities administration.
[ 2020 c 41 s 3. ]
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