reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › RCW Dispositions › 71A.10 GENERAL PROVISIONS

Sections
71A.10.012 Intent — 1998 c 216.
[1998 c 216 § 1.]
Expired June 30, 2003, pursuant to 1998 c 216 § 9.
71A.10.805 Headings in Title 71A RCW not part of law.
[1988 c 176 § 1002.]
Decodified pursuant to 2017 3rd sp.s. c 25 § 22.
71A.10.900 Severability-1988 c 176.
[1988 c 176 § 1003.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › RCW Dispositions › 71A.12 STATE SERVICES

Sections
71A.12.160 Residential habilitation center and community support services — Availability.
[1998 c 216 § 5.]
Expired June 30, 2003, pursuant to 1998 c 216 § 9.
71A.12.170 Identification of eligible persons — Assessment of services.
[1998 c 216 § 7.]
Expired June 30, 2003, pursuant to 1998 c 216 § 9.
71A.12.180 Identification of developmental disabilities stakeholder work group.
[1998 c 216 § 8.]
Expired June 30, 2003, pursuant to 1998 c 216 § 9.
71A.12.270 Community protection program — Enforcement actions.
[2015 c 39 § 2; 2006 c 303 § 8.]
Recodified as RCW 71A.12.300 pursuant to 2015 c 39 § 3.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › RCW Dispositions › 71A.20 RESIDENTIAL HABILITATION CENTERS

Sections
71A.20.160 Residents' vocational and community access.
[1998 c 216 § 6.]
Expired June 30, 2003, pursuant to 1998 c 216 § 9.
71A.20.190 Developmental disability service system task force.
[2015 c 225 § 111; 2011 1st sp.s. c 30 § 8.]
Repealed by 2017 3rd sp.s. c 25 § 23.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.010 - Legislative finding—Intent—1988 c 176.

RCW 71A.10.010
Legislative finding—Intent—1988 c 176.
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 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.011 - Intent—1995 c 383.

RCW 71A.10.011
Intent—1995 c 383.
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 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.015 - Declaration of policy.

RCW 71A.10.015
Declaration of policy.
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 § 101.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.030 - Civil and parental rights not affected.

RCW 71A.10.030
Civil and parental rights not affected.
(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 § 103.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.040 - Protection from discrimination.

RCW 71A.10.040
Protection from discrimination.
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 § 51; 1988 c 176 § 104.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.050 - Appeal of department actions—Right to.

RCW 71A.10.050
Appeal of department actions—Right to.
(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 § 138; 1988 c 176 § 105.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.060 - Notice by secretary.

RCW 71A.10.060
Notice by secretary.
(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 § 139; 1988 c 176 § 106.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.070 - Secretary's duty to consult.

RCW 71A.10.070
Secretary's duty to consult.
(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 § 140; 1988 c 176 § 107.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.080 - Governor to designate an agency to implement a program for protection and advocacy of the rights of persons with developmental disabilities and mentally ill persons—Authority of designated agency—Liaison with state agencies.

RCW 71A.10.080
Governor to designate an agency to implement a program for protection and advocacy of the rights of persons with developmental disabilities and mentally ill persons—Authority of designated agency—Liaison with state agencies.
(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 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.090 - Prioritization and transition to minimum wage employment or other services.

RCW 71A.10.090
Prioritization and transition to minimum wage employment or other services.
(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 § 4.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.100 - No-paid services caseload—Case resource management services.

RCW 71A.10.100
No-paid services caseload—Case resource management services.
(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) A client on the no-paid services caseload shall receive case resource management services. The case resource manager's duties include: (a) Contacting and responding to the client to discuss the client's service needs, and (b) explaining to the client the service options available through the department or other community resources.
[ 2022 c 247 § 1.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.800 - Application of Title 71A RCW to matters pending as of June 9, 1988.

RCW 71A.10.800
Application of Title 71A RCW to matters pending as of June 9, 1988.
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 § 1008.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.901 - Saving—1988 c 176.

RCW 71A.10.901
Saving—1988 c 176.
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 § 1004.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.10 - General Provisions. › 71A.10.902 - Continuation of existing law—1988 c 176.

RCW 71A.10.902
Continuation of existing law—1988 c 176.
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 § 1001.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.010 - State and local program—Coordination—Continuum.

RCW 71A.12.010
State and local program—Coordination—Continuum.
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 § 52; 1988 c 176 § 201.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.020 - Objectives of program.

RCW 71A.12.020
Objectives of program.
(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 § 53; 1988 c 176 § 202.]
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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). RCW 71A.10.020 was subsequently amended by 2022 c 277 § 2, changing subsection (5) to subsection (6).
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Revised Code of Washington › Title 71A - Developmental Disabilities › Chapter 71A.12 - State Services. › 71A.12.280 - Community protection program—Rules, guidelines, and policy manuals.

RCW 71A.12.280
Community protection program—Rules, guidelines, and policy manuals.
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 § 9.]