reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.290 - Transition from employment services to community access program.

RCW 71A.12.290
Transition from employment services to community access program.
(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 § 2; 2012 c 49 § 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 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.310 - Annual assessment—Case manager duties.

RCW 71A.12.310
Annual assessment—Case manager duties.
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 § 2.]
NOTES:
Finding—2016 c 172: See note following RCW 43.382.005.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.320 - Risk of abuse and neglect—Process—Home visits.

RCW 71A.12.320
Risk of abuse and neglect—Process—Home visits.
(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 § 3.]
NOTES:
Finding—2016 c 172: See note following RCW 43.382.005.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.330 - Residential services and supports program—Certification fee for complaint investigations—Intent.

RCW 71A.12.330
Residential services and supports program—Certification fee for complaint investigations—Intent.
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 § 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 § 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.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.340 - Residential services and supports program—Certification fee for complaint investigations—Requirements.

RCW 71A.12.340
Residential services and supports program—Certification fee for complaint investigations—Requirements.
(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 § 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 § 5.]
Effective date—2019 c 458: See note following RCW 71A.12.330.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.350 - Residential services and supports program—Certification fee for complaint investigations—Department duties.

RCW 71A.12.350
Residential services and supports program—Certification fee for complaint investigations—Department duties.
(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 § 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.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.370 - Medicaid waiver—Eligibility—Transfer.

RCW 71A.12.370
Medicaid waiver—Eligibility—Transfer.
(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 § 6; 2021 c 56 § 4.]
NOTES:
Intent—2021 c 56: See note following RCW 74.13.805.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.010 - Coordinated and comprehensive state and local program.

RCW 71A.14.010
Coordinated and comprehensive state and local program.
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 § 301.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.020 - County developmental disability boards—Composition—Expenses.

RCW 71A.14.020
County developmental disability boards—Composition—Expenses.
(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 § 302.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.030 - County authorities—State fund eligibility—Rules—Application.

RCW 71A.14.030
County authorities—State fund eligibility—Rules—Application.
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 § 303.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.040 - Applications for state funds—Review—Approval—Rules.

RCW 71A.14.040
Applications for state funds—Review—Approval—Rules.
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 § 304.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.050 - Services to community may be required.

RCW 71A.14.050
Services to community may be required.
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 § 305.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.060 - Local authority to provide services.

RCW 71A.14.060
Local authority to provide services.
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 § 306.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.070 - Confidentiality of information—Oath.

RCW 71A.14.070
Confidentiality of information—Oath.
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 § 307.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.080 - Local authority to receive and spend funds.

RCW 71A.14.080
Local authority to receive and spend funds.
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 § 308.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.090 - Local authority to participate in federal programs.

RCW 71A.14.090
Local authority to participate in federal programs.
RCW 71A.12.120 authorizes local governments to participate in federal programs for persons with developmental disabilities.
[ 1988 c 176 § 309.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.100 - Funds from tax levy under RCW 71.20.110.

RCW 71A.14.100
Funds from tax levy under RCW 71.20.110.
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 § 310.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.110 - Contracts by boundary counties or cities in boundary counties.

RCW 71A.14.110
Contracts by boundary counties or cities in boundary counties.
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 § 311.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.120 - Parent to parent program—Goals.

RCW 71A.14.120
Parent to parent program—Goals.
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 § 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 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.130 - Parent to parent program—Activities.

RCW 71A.14.130
Parent to parent program—Activities.
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 § 3.]
NOTES:
Goal—2016 c 92: See note following RCW 71A.14.120.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.14 - Local Services. › 71A.14.140 - Parent to parent program—Funding—Administration—Training.

RCW 71A.14.140
Parent to parent program—Funding—Administration—Training.
(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 § 4.]
NOTES:
Goal—2016 c 92: See note following RCW 71A.14.120.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.16 - Eligibility for Services. › 71A.16.010 - Referral for services—Admittance to residential habilitation centers—Expiration of subsections.

RCW 71A.16.010
Referral for services—Admittance to residential habilitation centers—Expiration of subsections.
(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 § 3; 1988 c 176 § 401.]
NOTES:
Effective date—1998 c 216: See note following RCW 71A.10.020.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.16 - Eligibility for Services. › 71A.16.020 - Eligibility for services—Rules.

RCW 71A.16.020
Eligibility for services—Rules.
(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 § 3; 1988 c 176 § 402.]
NOTES:
Findings—2022 c 277: See note following RCW 71A.10.020.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.16 - Eligibility for Services. › 71A.16.030 - Determination of eligibility for services—Application.

RCW 71A.16.030
Determination of eligibility for services—Application.
(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 § 733; 1998 c 216 § 4; 1988 c 176 § 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.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.16 - Eligibility for Services. › 71A.16.040 - Determination of eligibility—Notice—Rules for redetermination.

RCW 71A.16.040
Determination of eligibility—Notice—Rules for redetermination.
(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 § 1; 1989 c 175 § 141; 1988 c 176 § 404.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.18 - Service Delivery. › 71A.18.010 - Individual service plans.

RCW 71A.18.010
Individual service plans.
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 § 501.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.18 - Service Delivery. › 71A.18.020 - Services provided if funds available.

RCW 71A.18.020
Services provided if funds available.
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 § 601.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.18 - Service Delivery. › 71A.18.030 - Rejection of service.

RCW 71A.18.030
Rejection of service.
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 § 602.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.18 - Service Delivery. › 71A.18.040 - Alternative service—Application—Determination—Reauthorization—Notice.

RCW 71A.18.040
Alternative service—Application—Determination—Reauthorization—Notice.
(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 § 9; 1989 c 175 § 142; 1988 c 176 § 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.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.18 - Service Delivery. › 71A.18.050 - Discontinuance of a service.

RCW 71A.18.050
Discontinuance of a service.
(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 § 604.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.18 - Service Delivery. › 71A.18.060 - Budget requests for expenditures.

RCW 71A.18.060
Budget requests for expenditures.
(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 § 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 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.020 - Residential habilitation centers.

RCW 71A.20.020
Residential habilitation centers.
(1) Except as provided in subsection (2) 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(2)(b) are met.
[ 2011 1st sp.s. c 30 § 5; 1994 c 215 § 1; 1988 c 176 § 702.]
NOTES:
*Reviser's note: RCW 71A.20.180 was amended by 2017 3rd sp.s. c 19 § 1, changing subsection (2)(b) to subsection (1)(a).
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 § 3.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.030 - Facilities for Interlake School.

RCW 71A.20.030
Facilities for Interlake School.
(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 § 703.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.040 - Use of Harrison Memorial Hospital property.

RCW 71A.20.040
Use of Harrison Memorial Hospital property.
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 § 704.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.050 - Superintendents—Secretary's custody of residents.

RCW 71A.20.050
Superintendents—Secretary's custody of residents.
(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 § 589; 1988 c 176 § 705.]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.060 - Work programs for residents.

RCW 71A.20.060
Work programs for residents.
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 § 706.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.070 - Educational programs.

RCW 71A.20.070
Educational programs.
(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 § 590; 1988 c 176 § 707.]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.080 - Return of resident to community—Notice—Adjudicative proceeding—Judicial review—Effect of appeal.

RCW 71A.20.080
Return of resident to community—Notice—Adjudicative proceeding—Judicial review—Effect of appeal.
(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 § 10; 1989 c 175 § 143; 1988 c 176 § 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.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.090 - Secretary to determine capacity of residential quarters.

RCW 71A.20.090
Secretary to determine capacity of residential quarters.
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 § 709.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.110 - Clothing for residents—Cost.

RCW 71A.20.110
Clothing for residents—Cost.
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 § 711.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.120 - Financial responsibility.

RCW 71A.20.120
Financial responsibility.
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 § 712.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.20 - Residential Habilitation Centers. › 71A.20.130 - Death of resident, payment of funeral expenses—Limitation.

RCW 71A.20.130
Death of resident, payment of funeral expenses—Limitation.
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 § 713.]
NOTES:
*Reviser's note: RCW 74.08.120 was repealed by 1997 c 58 § 1002.