reglab/housing_qa huggingface dataset:
WA Rev Code § 71A.12.025 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.025 - Persons with developmental disabilities who commit crimes—Findings.

RCW 71A.12.025 Persons with developmental disabilities who commit crimes—Findings.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 § 5; 1989 c 420 § 2. Formerly RCW 71.05.035.]NOTES:Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 71A.12.030 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.030 - General authority of secretary—Rule adoption.

RCW 71A.12.030 General authority of secretary—Rule adoption.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 § 203.]
WA Rev Code § 71A.12.040 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.040 - Authorized services.

RCW 71A.12.040 Authorized services.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 § 204.]
WA Rev Code § 71A.12.050 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.050 - Payments for nonresidential services.

RCW 71A.12.050 Payments for nonresidential services.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 § 205.]
WA Rev Code § 71A.12.060 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.060 - Payment authorized for residents in community residential programs.

RCW 71A.12.060 Payment authorized for residents in community residential programs.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 § 206.]
WA Rev Code § 71A.12.070 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.070 - Payments under RCW 71A.12.060 supplemental to payments from other resources—Direct payments.

RCW 71A.12.070 Payments under RCW 71A.12.060 supplemental to payments from other resources—Direct payments.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 § 207.]
WA Rev Code § 71A.12.080 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.080 - Rules.

RCW 71A.12.080 Rules.(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 § 208.]
WA Rev Code § 71A.12.090 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.090 - Eligibility of parent for services.

RCW 71A.12.090 Eligibility of parent for services.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 § 209.]
WA Rev Code § 71A.12.100 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.100 - Other services.

RCW 71A.12.100 Other services.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 § 210.]
WA Rev Code § 71A.12.110 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.110 - Authority to contract for services.

RCW 71A.12.110 Authority to contract for services.(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 § 211.]
WA Rev Code § 71A.12.120 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.120 - Authority to participate in federal programs.

RCW 71A.12.120 Authority to participate in federal programs.(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 § 212.]
WA Rev Code § 71A.12.130 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.130 - Gifts—Acceptance, use, record.

RCW 71A.12.130 Gifts—Acceptance, use, record.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 § 213.]
WA Rev Code § 71A.12.140 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.140 - Duties of state agencies generally.

RCW 71A.12.140 Duties of state agencies generally.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 § 214.]
WA Rev Code § 71A.12.150 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.150 - Contracts with United States and other states for developmental disability services.

RCW 71A.12.150 Contracts with United States and other states for developmental disability services.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 § 215.]
WA Rev Code § 71A.12.200 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.200 - Community protection program—Legislative approval.

RCW 71A.12.200 Community protection program—Legislative approval.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 § 1.]
WA Rev Code § 71A.12.210 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.210 - Community protection program—Application.

RCW 71A.12.210 Community protection program—Application.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(3).[ 2006 c 303 § 2.]NOTES:*Reviser's note: RCW 71A.10.020 was amended by 2011 1st sp.s. c 30 § 3, changing subsection (3) to subsection (4). RCW 71A.10.020 was subsequently amended by 2014 c 139 § 2, changing subsection (4) to subsection (5).
WA Rev Code § 71A.12.230 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.230 - Community protection program—Risk assessment—Written notification—Written determination.

RCW 71A.12.230 Community protection program—Risk assessment—Written notification—Written determination.(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 § 4.]
WA Rev Code § 71A.12.240 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.240 - Community protection program—Appeals—Rules—Notice.

RCW 71A.12.240 Community protection program—Appeals—Rules—Notice.(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 § 5.]
WA Rev Code § 71A.12.250 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.250 - Community protection program—Services—Reviews—Rules.

RCW 71A.12.250 Community protection program—Services—Reviews—Rules.(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 § 6.]
WA Rev Code § 71A.12.260 (2021)
2021 Revised Code of Washington|Title 71A - Developmental Disabilities|Chapter 71A.12 - State Services.|71A.12.260 - Community protection program—Less restrictive residential placement.

RCW 71A.12.260 Community protection program—Less restrictive residential placement.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 § 7.]