reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.29 - Rehabilitation Services for Individuals With Disabilities. › 74.29.090 - School to work program.

RCW 74.29.090
School to work program.
The department of social and health services shall:
(1) Establish a school to work program in all counties in the state to work with all students with intellectual and developmental disabilities who are potentially eligible to receive adult support services from the developmental disabilities administration of the department and are receiving high school transition services in order to connect these students with supported employment services; and
(2) In collaboration with the office of the superintendent of public instruction, the counties administering supported employment services in collaboration with the developmental disabilities administration of the department, the department of services for the blind, and any other relevant state agency working with students who are potentially eligible for adult support services from the developmental disabilities administration of the department shall:
(a) Create a statewide council to:
(i) Establish common guidelines and outcome goals across regional interagency transition networks to ensure equitable access through system navigation for individuals receiving high school transition services and connection to services after leaving the school system; and
(ii) Establish a referral and information system that helps students who are potentially eligible for adult support services from the developmental disabilities administration of the department who are transitioning from high school, and their families or guardians, connect to the necessary services and agencies that support the needs of adults with intellectual and developmental disabilities; and
(b) Establish regional interagency transition networks as proposed in the 2020 transition collaborative summative report. Each regional network shall include representation from schools, counties, the developmental disabilities administration of the department, the regional division of vocational rehabilitation, service providers, community members, and students and families. The regional networks shall identify improvement goals and report no less than annually on progress or barriers to achieving these goals to the statewide council.
[ 2022 c 167 § 6.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.005 - Findings—Intent.

RCW 74.31.005
Findings—Intent.
The center for disease control estimates that at least five million three hundred thousand Americans, approximately two percent of the United States population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a traumatic brain injury. Each year approximately one million four hundred thousand people in this country, including children, sustain traumatic brain injuries as a result of a variety of causes including falls, motor vehicle injuries, being struck by an object, or as a result of an assault and other violent crimes, including domestic violence. Additionally, there are significant numbers of veterans who sustain traumatic brain injuries as a result of their service in the military.
Prevention and the provision of appropriate supports and services in response to traumatic brain injury are consistent with the governor's executive order No. 10-01, "Implementing Health Reform the Washington Way," which recognizes protection of public health and the improvement of health status as essential responsibilities of the public health system.
Traumatic brain injury can cause a wide range of functional changes affecting thinking, sensation, language, or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age. The impact of a traumatic brain injury on the individual and family can be devastating.
The legislature recognizes that current programs and services are not funded or designed to address the diverse needs of this population. It is the intent of the legislature to develop a comprehensive plan to help individuals with traumatic brain injuries meet their needs. The legislature also recognizes the efforts of many in the private sector who are providing services and assistance to individuals with traumatic brain injuries. The legislature intends to bring together those in both the public and private sectors with expertise in this area to address the needs of this growing population.
[ 2011 c 143 § 1; 2007 c 356 § 1.]
NOTES:
Short title—2007 c 356: "This act may be known and cited as the Tommy Manning act." [ 2007 c 356 § 11.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.010 - Definitions.

RCW 74.31.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of social and health services.
(2) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020.
(3) "Secretary" means the secretary of social and health services.
(4) "Traumatic brain injury" means injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, and physical assaults. Documentation of traumatic brain injury shall be based on adequate medical history, neurological examination, mental status testing, or neuropsychological evaluation. A traumatic brain injury shall be of sufficient severity to result in impairments in one or more of the following areas: Cognition; language memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; or information processing. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
(5) "Traumatic brain injury account" means the account established under RCW 74.31.060.
(6) "Council" means the Washington traumatic brain injury strategic partnership advisory council created under RCW 74.31.020.
[ 2007 c 356 § 2.]
NOTES:
Short title—2007 c 356: See note following RCW 74.31.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.030 - Staff support—Department powers and duties—Comprehensive plan.

RCW 74.31.030
Staff support—Department powers and duties—Comprehensive plan.
(1) In response to council recommendations developed pursuant to RCW 74.31.020, the department shall include in the comprehensive statewide plan a staffing plan for providing adequate support for council activities for positions funded by the traumatic brain injury account established in RCW 74.31.060 and designate at least one staff person who shall be responsible for the following:
(a) Coordinating policies, programs, and services for individuals with traumatic brain injuries; and
(b) Providing staff support to the council created in RCW 74.31.020.
(2) The department shall provide data and information to the council established under RCW 74.31.020 that is requested by the council and is in the possession or control of the department.
(3) The department shall implement, within funds appropriated for this specific purpose, the comprehensive statewide plan to address the needs of individuals impacted by traumatic brain injuries, including the use of public-private partnerships and a public awareness campaign. The comprehensive plan should be created in collaboration with the council and should consider the following:
(a) Building provider capacity and provider training;
(b) Improving the coordination of services;
(c) The feasibility of establishing agreements with private sector agencies or tribal governments to develop services for individuals with traumatic brain injuries; and
(d) Other areas the council deems appropriate.
(4) The department shall:
(a) Assure that information and referral services are provided to individuals with traumatic brain injuries. The referral services may be funded from the traumatic brain injury account established under RCW 74.31.060;
(b) Encourage and facilitate the following:
(i) Collaboration among state agencies that provide services to individuals with traumatic brain injuries;
(ii) Collaboration among organizations and entities that provide services to individuals with traumatic brain injuries; and
(iii) Community participation in program implementation; and
(c) Have the authority to accept, expend, or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purpose of this chapter.
[ 2011 c 143 § 3; 2010 1st sp.s. c 37 § 943; 2007 c 356 § 4.]
NOTES:
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Short title—2007 c 356: See note following RCW 74.31.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.040 - Public awareness campaign.

RCW 74.31.040
Public awareness campaign.
In collaboration with the council, the department shall conduct a public awareness campaign that utilizes funding from the traumatic brain injury account to leverage a private advertising campaign to persuade Washington residents to be aware and concerned about the issues facing individuals with traumatic brain injuries through all forms of media including television, radio, and print.
[ 2011 c 143 § 4; 2007 c 356 § 5.]
NOTES:
Short title—2007 c 356: See note following RCW 74.31.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.050 - Support group programs—Funding—Recommendations.

RCW 74.31.050
Support group programs—Funding—Recommendations.
(1) The department shall provide funding from the traumatic brain injury account established by RCW 74.31.060 to programs that facilitate support groups to individuals with traumatic brain injuries and their families.
(2) The department shall use a request for proposal process to select the programs to receive funding. The council shall provide recommendations to the department on the criteria to be used in selecting the programs.
[ 2011 c 143 § 5; 2007 c 356 § 6.]
NOTES:
Short title—2007 c 356: See note following RCW 74.31.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.060 - Traumatic brain injury account.

RCW 74.31.060
Traumatic brain injury account.
The traumatic brain injury account is created in the state treasury. The fee imposed under RCW 46.63.110(7)(c) must be deposited into the account. Moneys in the account may be spent only after appropriation, and may be used only to support the activities in the statewide traumatic brain injury comprehensive plan, to provide a public awareness campaign and services relating to traumatic brain injury under RCW 74.31.040 and 74.31.050, for information and referral services, and for costs of required department staff who are providing support for the council under RCW 74.31.020 and 74.31.030. The secretary of the department of social and health services has the authority to administer the funds. The department must make every effort to disburse the incremental revenue that is the result of the fee increased under RCW 46.63.110(7)(c) in a diverse manner to include rural areas of the state.
[ 2019 c 181 § 2; 2011 c 143 § 6; 2010 1st sp.s. c 37 § 944; 2007 c 356 § 7.]
NOTES:
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Short title—2007 c 356: See note following RCW 74.31.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.31 - Traumatic Brain Injuries. › 74.31.070 - Statewide response to traumatic brain injuries suffered by domestic violence survivors—Recommendations—Educational handout—Website.

RCW 74.31.070
Statewide response to traumatic brain injuries suffered by domestic violence survivors—Recommendations—Educational handout—Website.
(1) The department, in consultation with the council and at least one representative of a community-based domestic violence program and one medical professional with experience treating survivors of domestic violence, shall develop recommendations to improve the statewide response to traumatic brain injuries suffered by domestic violence survivors. In developing recommendations, the department may consider the creation of an educational handout, to be updated on a periodic basis, regarding traumatic brain injury to be provided to victims of domestic violence. The handout may include the information and screening tool described in subsection (2) of this section.
(2)(a) The department, in consultation with the council, shall establish and recommend or develop content for a statewide website for victims of domestic violence to include:
(i) An explanation of the potential for domestic abuse to lead to traumatic brain injury;
(ii) Information on recognizing cognitive, behavioral, and physical symptoms of traumatic brain injury as well as potential impacts to a person's emotional well-being and mental health;
(iii) A self-screening tool for traumatic brain injury; and
(iv) Recommendations for persons with traumatic brain injury to help address or cope with the injury.
(b) The department must update the website created under this subsection on a periodic basis.
[ 2019 c 110 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.005 - Findings.

RCW 74.34.005
Findings.
The legislature finds and declares that:
(1) Some adults are vulnerable and may be subjected to abuse, neglect, financial exploitation, or abandonment by a family member, care provider, or other person who has a relationship with the vulnerable adult;
(2) A vulnerable adult may be home bound or otherwise unable to represent himself or herself in court or to retain legal counsel in order to obtain the relief available under this chapter or other protections offered through the courts;
(3) A vulnerable adult may lack the ability to perform or obtain those services necessary to maintain his or her well-being because he or she lacks the capacity for consent;
(4) A vulnerable adult may have health problems that place him or her in a dependent position;
(5) The department and appropriate agencies must be prepared to receive reports of abandonment, abuse, financial exploitation, or neglect of vulnerable adults;
(6) The department must provide protective services in the least restrictive environment appropriate and available to the vulnerable adult.
[ 1999 c 176 § 2.]
NOTES:
Findings—Purpose—1999 c 176: "The legislature finds that the provisions for the protection of vulnerable adults found in chapters 26.44, 70.124, and 74.34 RCW contain different definitions for abandonment, abuse, exploitation, and neglect. The legislature finds that combining the sections of these chapters that pertain to the protection of vulnerable adults would better serve this state's population of vulnerable adults. The purpose of chapter 74.34 RCW is to provide the department and law enforcement agencies with the authority to investigate complaints of abandonment, abuse, financial exploitation, or neglect of vulnerable adults and to provide protective services and legal remedies to protect these vulnerable adults." [ 1999 c 176 § 1.]
Severability—1999 c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 176 § 36.]
Conflict with federal requirements—1999 c 176: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1999 c 176 § 37.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.025 - Limitation on recovery for protective services and benefits.

RCW 74.34.025
Limitation on recovery for protective services and benefits.
The cost of benefits and services provided to a vulnerable adult under this chapter with state funds only does not constitute an obligation or lien and is not recoverable from the recipient of the services or from the recipient's estate, whether by lien, adjustment, or any other means of recovery.
[ 1999 c 176 § 4; 1997 c 392 § 304.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.040 - Reports—Contents—Identity confidential.

RCW 74.34.040
Reports—Contents—Identity confidential.
The reports made under *RCW 74.34.030 shall contain the following information if known:
(1) Identification of the vulnerable adult;
(2) The nature and extent of the suspected abuse, neglect, exploitation, or abandonment;
(3) Evidence of previous abuse, neglect, exploitation, or abandonment;
(4) The name and address of the person making the report; and
(5) Any other helpful information.
Unless there is a judicial proceeding or the person consents, the identity of the person making the report is confidential.
[ 1986 c 187 § 2; 1984 c 97 § 10.]
NOTES:
*Reviser's note: RCW 74.34.030 was repealed by 1999 c 176 § 35.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.050 - Immunity from liability.

RCW 74.34.050
Immunity from liability.
(1) A person participating in good faith in making a report under this chapter or testifying about alleged abuse, neglect, abandonment, financial exploitation, or self-neglect of a vulnerable adult in a judicial or administrative proceeding under this chapter is immune from liability resulting from the report or testimony. The making of permissive reports as allowed in this chapter does not create any duty to report and no civil liability shall attach for any failure to make a permissive report as allowed under this chapter.
(2) Conduct conforming with the reporting and testifying provisions of this chapter shall not be deemed a violation of any confidential communication privilege. Nothing in this chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW.
[ 1999 c 176 § 6; 1997 c 386 § 34; 1986 c 187 § 3; 1984 c 97 § 11.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.053 - Failure to report—False reports—Penalties.

RCW 74.34.053
Failure to report—False reports—Penalties.
(1) A person who is required to make a report under this chapter and who knowingly fails to make the report is guilty of a gross misdemeanor.
(2) A person who intentionally, maliciously, or in bad faith makes a false report of alleged abandonment, abuse, financial exploitation, or neglect of a vulnerable adult is guilty of a misdemeanor.
[ 1999 c 176 § 7.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.063 - Response to reports—Timing—Reports to law enforcement agencies—Notification to licensing authority.

RCW 74.34.063
Response to reports—Timing—Reports to law enforcement agencies—Notification to licensing authority.
(1) The department shall initiate a response to a report, no later than twenty-four hours after knowledge of the report, of suspected abandonment, abuse, financial exploitation, neglect, or self-neglect of a vulnerable adult.
(2) When the initial report or investigation by the department indicates that the alleged abandonment, abuse, financial exploitation, or neglect may be criminal, the department shall make an immediate report to the appropriate law enforcement agency. The department and law enforcement will coordinate in investigating reports made under this chapter. The department may provide protective services and other remedies as specified in this chapter.
(3) The law enforcement agency or the department shall report the incident in writing to the proper county prosecutor or city attorney for appropriate action whenever the investigation reveals that a crime may have been committed.
(4) Upon request, the department and law enforcement shall share information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable adults with each other, consistent with RCW 74.04.060, chapter 42.56 RCW, and other applicable confidentiality laws.
(5) Unless prohibited by federal law, the department of social and health services may share with the department of children, youth, and families information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable adults.
(6) The department shall notify the proper licensing authority concerning any report received under this chapter that alleges that a person who is professionally licensed, certified, or registered under Title 18 RCW has abandoned, abused, financially exploited, or neglected a vulnerable adult.
[ 2023 c 44 § 2; 2017 3rd sp.s. c 6 § 818; 2005 c 274 § 354; 1999 c 176 § 8.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.068 - Investigation results—Report—Rules.

RCW 74.34.068
Investigation results—Report—Rules.
(1) After the investigation is complete, the department may provide a written report of the outcome of the investigation to an agency or program described in this subsection when the department determines from its investigation that an incident of abuse, abandonment, financial exploitation, or neglect occurred. Agencies or programs that may be provided this report are home health, hospice, or home care agencies, or after January 1, 2002, any in-home services agency licensed under chapter 70.127 RCW, a program authorized under chapter 71A.12 RCW, an adult day care or day health program, behavioral health administrative services organizations and managed care organizations authorized under chapter 71.24 RCW, or other agencies. The report may contain the name of the vulnerable adult and the alleged perpetrator. The report shall not disclose the identity of the person who made the report or any witness without the written permission of the reporter or witness. The department shall notify the alleged perpetrator regarding the outcome of the investigation. The name of the vulnerable adult must not be disclosed during this notification.
(2) The department may also refer a report or outcome of an investigation to appropriate state or local governmental authorities responsible for licensing or certification of the agencies or programs listed in subsection (1) of this section.
(3) The department shall adopt rules necessary to implement this section.
[ 2019 c 325 § 5031; 2014 c 225 § 103; 2001 c 233 § 2.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Finding—2001 c 233: "The legislature recognizes that vulnerable adults, while living in their own homes, may be abused, neglected, financially exploited, or abandoned by individuals entrusted to provide care for them. The individuals who abuse, neglect, financially exploit, or abandon vulnerable adults may be employed by, under contract with, or volunteering for an agency or program providing care for vulnerable adults. The legislature has given the department of social and health services the responsibility to investigate complaints of abandonment, abuse, financial exploitation, or neglect of vulnerable adults and to provide protective services and other legal remedies to protect these vulnerable adults. The legislature finds that in order to continue to protect vulnerable adults, the department of social and health services be given the authority to release report information and to release the results of an investigation to the agency or program with which the individual investigated is employed, contracted, or engaged as a volunteer." [ 2001 c 233 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.070 - Cooperative agreements for services.

RCW 74.34.070
Cooperative agreements for services.
The department may develop cooperative agreements with community-based agencies providing services for vulnerable adults. The agreements shall cover: (1) The appropriate roles and responsibilities of the department and community-based agencies in identifying and responding to reports of alleged abuse; (2) the provision of case-management services; (3) standardized data collection procedures; and (4) related coordination activities.
[ 1999 c 176 § 10; 1997 c 386 § 35; 1995 1st sp.s. c 18 § 87; 1984 c 97 § 13.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.080 - Injunctions.

RCW 74.34.080
Injunctions.
If access is denied to an employee of the department seeking to investigate an allegation of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult by an individual, the department may seek an injunction to prevent interference with the investigation. The court shall issue the injunction if the department shows that:
(1) There is reasonable cause to believe that the person is a vulnerable adult and is or has been abandoned, abused, financially exploited, or neglected; and
(2) The employee of the department seeking to investigate the report has been denied access.
[ 1999 c 176 § 11; 1984 c 97 § 14.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.090 - Data collection system—Confidentiality.

RCW 74.34.090
Data collection system—Confidentiality.
The department shall maintain a system for statistical data collection, accessible for bona fide research only as the department by rule prescribes. The identity of any person is strictly confidential.
[ 1984 c 97 § 15.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.095 - Confidential information—Disclosure.

RCW 74.34.095
Confidential information—Disclosure.
(1) The following information is confidential and not subject to disclosure, except as provided in this section:
(a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;
(b) The identity of the person making the report; and
(c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.
(2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, or 74.39A RCW, the long-term care ombuds programs under federal law or state law, chapter 43.190 RCW, or the office of the developmental disabilities ombuds program under chapter 43.382 RCW.
(3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.
(4)(a) Except as provided in (b) of this subsection, upon a request for information regarding a specifically named vulnerable adult, the department may disclose only the following information:
(i) Whether or not a report was received;
(ii) The status of the report; and
(iii) The outcome of an investigation.
(b) The department may not disclose any information regarding a specifically named vulnerable adult if any of the following circumstances apply:
(i) The information concerns a vulnerable adult residing in or receiving services from a department licensed or certified facility or provider where an unannounced investigation in response to the report has not been initiated;
(ii) The requester is the alleged perpetrator;
(iii) The department has a reasonable belief that disclosure may compromise any investigation by a law enforcement agency, disciplinary authority, the department, or the department of children, youth, and families; or
(iv) The department has a reasonable belief that the information may endanger any person.
[ 2023 c 44 § 3; 2013 c 23 § 218; 2000 c 87 § 4; 1999 c 176 § 17.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.110 - Protection of vulnerable adults—Petition for protective order.

RCW 74.34.110
Protection of vulnerable adults—Petition for protective order.
A vulnerable adult, or interested person on behalf of the vulnerable adult, may seek relief from abandonment, abuse, financial exploitation, or neglect, or the threat thereof, by filing a petition for a vulnerable adult protection order under chapter 7.105 RCW.
[ 2021 c 215 § 163; 2007 c 312 § 3; 1999 c 176 § 12; 1986 c 187 § 5.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.165 - Rules.

RCW 74.34.165
Rules.
The department may adopt rules relating to the reporting, investigation, and provision of protective services in in-home settings, consistent with the objectives of this chapter.
[ 1999 c 176 § 18.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.170 - Services of department discretionary—Funding.

RCW 74.34.170
Services of department discretionary—Funding.
The provision of services under RCW * 74.34.030, 74.34.040, 74.34.050, and ** 74.34.100 through 74.34.160 are discretionary and the department shall not be required to expend additional funds beyond those appropriated.
[ 1986 c 187 § 10.]
NOTES:
Reviser's note: *(1) RCW 74.34.030 was repealed by 1999 c 176 § 35.
**(2) RCW 74.34.100 was recodified as RCW 74.34.015 pursuant to 1995 1st sp.s. c 18 § 89, effective July 1, 1995. RCW 74.34.015 was subsequently repealed by 1999 c 176 § 35. RCW 74.34.115 through 74.34.160 were repealed by 2021 c 215 § 170, effective July 1, 2022.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.200 - Abandonment, abuse, financial exploitation, or neglect of a vulnerable adult—Cause of action for damages—Legislative intent.

RCW 74.34.200
Abandonment, abuse, financial exploitation, or neglect of a vulnerable adult—Cause of action for damages—Legislative intent.
(1) In addition to other remedies available under the law, a vulnerable adult who has been subjected to abandonment, abuse, financial exploitation, or neglect either while residing in a facility or in the case of a person residing at home who receives care from a home health, hospice, or home care agency, or an individual provider, shall have a cause of action for damages on account of his or her injuries, pain and suffering, and loss of property sustained thereby. This action shall be available where the defendant is or was a corporation, trust, unincorporated association, partnership, administrator, employee, agent, officer, partner, or director of a facility, or of a home health, hospice, or home care agency licensed or required to be licensed under chapter 70.127 RCW, as now or subsequently designated, or an individual provider.
(2) It is the intent of the legislature, however, that where there is a dispute about the care or treatment of a vulnerable adult, the parties should use the least formal means available to try to resolve the dispute. Where feasible, parties are encouraged but not mandated to employ direct discussion with the health care provider, use of the long-term care ombuds or other intermediaries, and, when necessary, recourse through licensing or other regulatory authorities.
(3) In an action brought under this section, a prevailing plaintiff shall be awarded his or her actual damages, together with the costs of the suit, including a reasonable attorneys' fee. The term "costs" includes, but is not limited to, the reasonable fees for a guardian, guardian ad litem, and experts, if any, that may be necessary to the litigation of a claim brought under this section.
[ 2013 c 23 § 219; 1999 c 176 § 15; 1995 1st sp.s. c 18 § 85.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.205 - Abandonment, abuse, or neglect—Exceptions.

RCW 74.34.205
Abandonment, abuse, or neglect—Exceptions.
(1) Any vulnerable adult who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination may not for that reason alone be considered abandoned, abused, or neglected.
(2) Any vulnerable adult may not be considered abandoned, abused, or neglected under this chapter by any health care provider, facility, facility employee, agency, agency employee, or individual provider who participates in good faith in the withholding or withdrawing of life-sustaining treatment from a vulnerable adult under chapter 70.122 RCW, or who acts in accordance with chapter 7.70 RCW or other state laws to withhold or withdraw treatment, goods, or services.
[ 1999 c 176 § 16.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.220 - Financial exploitation of vulnerable adults—Training—Reporting.

RCW 74.34.220
Financial exploitation of vulnerable adults—Training—Reporting.
(1) A financial institution shall provide training concerning the financial exploitation of vulnerable adults to the employees specified in subsection (2) of this section within one year of June 10, 2010, and shall thereafter provide such training to the new employees specified in subsection (2) of this section within the first three months of their employment.
(2) A financial institution that is a broker-dealer or investment adviser as defined in RCW 21.20.005 shall provide training concerning the financial exploitation of vulnerable adults to employees who are required to be registered in the state of Washington as salespersons or investment adviser representatives under RCW 21.20.040 and who have contact with customers and access to account information on a regular basis and as part of their job. All other financial institutions shall provide training concerning the financial exploitation of vulnerable adults to employees who have contact with customers and access to account information on a regular basis and as part of their job.
(3) The training must include recognition of indicators of financial exploitation of a vulnerable adult, the manner in which employees may report suspected financial exploitation to the department and law enforcement as permissive reporters, and steps employees may take to prevent suspected financial exploitation of a vulnerable adult as authorized by law or agreements between the financial institution and customers of the financial institution. The office of the attorney general and the department shall develop a standardized training that financial institutions may offer, or the financial institution may develop its own training.
(4) A financial institution may provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation of a vulnerable adult to the department, law enforcement, or the prosecuting attorney's office, either as part of a referral to the department, law enforcement, or the prosecuting attorney's office, or upon request of the department, law enforcement, or the prosecuting attorney's office pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation.
(5) A financial institution or employee of a financial institution participating in good faith in making a report or providing documentation or access to information to the department, law enforcement, or the prosecuting attorney's office under this chapter shall be immune from criminal, civil, or administrative liability.
[ 2010 c 133 § 5.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.300 - Vulnerable adult fatality reviews.

RCW 74.34.300
Vulnerable adult fatality reviews.
(1) The department shall conduct a vulnerable adult fatality review in the event of a death of a vulnerable adult when the department has reason to believe that the death of the vulnerable adult may be related to the abuse, abandonment, exploitation, or neglect of the vulnerable adult, or may be related to the vulnerable adult's self-neglect, and the vulnerable adult was:
(a) Receiving home and community-based services in his or her own home or licensed or certified settings, described under chapters 74.39, 74.39A, 18.20, 70.128, and 71A.12 RCW, within sixty days preceding his or her death; or
(b) Living in his or her own home or licensed or certified settings described under chapters 74.39, 74.39A, 18.20, 70.128, and 71A.12 RCW and was the subject of a report under this chapter received by the department within twelve months preceding his or her death.
(2) When conducting a vulnerable adult fatality review of a person who had been receiving hospice care services before the person's death, the review shall provide particular consideration to the similarities between the signs and symptoms of abuse and those of many patients receiving hospice care services.
(3) All files, reports, records, communications, and working papers used or developed for purposes of a fatality review are confidential and not subject to disclosure pursuant to RCW 74.34.095.
(4) The department may adopt rules to implement this section.
[ 2016 c 172 § 4; 2008 c 146 § 10.]
NOTES:
Finding—2016 c 172: See note following RCW 43.382.005.
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.305 - Statement to vulnerable adults.

RCW 74.34.305
Statement to vulnerable adults.
(1) When the department opens an investigation of a report of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult, the department shall, at the time of the interview of the vulnerable adult who is an alleged victim, provide a written statement of the rights afforded under this chapter and other applicable law to alleged victims or legal guardians. This statement must include the department's name, address, and telephone number and may include other appropriate referrals. The statement must be substantially in the following form:
"You are entitled to be free from abandonment, abuse, financial exploitation, and neglect. If there is a reason to believe that you have experienced abandonment, abuse, financial exploitation, or neglect, you have the right to:
(a) Make a report to the department of social and health services and law enforcement and share any information you believe could be relevant to the investigation, and identify any persons you believe could have relevant information.
(b) Be free from retaliation for reporting or causing a report of abandonment, abuse, financial exploitation, or neglect.
(c) Be treated with dignity and addressed with respectful language.
(d) Reasonable accommodation for your disability when reporting, and during investigations and administrative proceedings.
(e) Request an order that prohibits anyone who has abandoned, abused, financially exploited, or neglected you from remaining in your home, having contact with you, or accessing your money or property.
(f) Receive from the department of social and health services information and appropriate referrals to other agencies that can advocate, investigate, or take action.
(g) Be informed of the status of investigations, proceedings, court actions, and outcomes by the agency that is handling any case in which you are a victim.
(h) Request referrals for advocacy or legal assistance to help with safety planning, investigations, and hearings.
(i) Complain to the department of social and health services, formally or informally, about investigations or proceedings, and receive a prompt response."
(2) This section shall not be construed to create any new cause of action or limit any existing remedy.
[ 2011 c 170 § 3.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.310 - Service of process or filing fees prohibited—Certified copies.

RCW 74.34.310
Service of process or filing fees prohibited—Certified copies.
A public agency may not charge a fee for filing or service of process to petitioners seeking relief under this chapter. Petitioners must be provided the necessary number of certified copies at no cost.
[ 2012 c 156 § 1.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.34 - Abuse of Vulnerable Adults. › 74.34.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 74.34.902
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 181.]
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.36 - Funding for Community Programs for the Aging. › 74.36.100 - Department to participate in and administer Federal Older Americans Act of 1965.

RCW 74.36.100
Department to participate in and administer Federal Older Americans Act of 1965.
The department of social and health services is authorized to take advantage of and participate in the Federal Older Americans Act of 1965 (Public Law 89-73, 89th Congress, 79 Stat. 220) and to accept, administer and disburse any federal funds that may be available under said act.
[ 1970 ex.s. c 18 § 27; 1967 ex.s. c 33 § 1.]
NOTES:
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.36 - Funding for Community Programs for the Aging. › 74.36.110 - Community programs and projects for the aging—Allotments for—Purpose.

RCW 74.36.110
Community programs and projects for the aging—Allotments for—Purpose.
The secretary of the department of social and health services or his or her designee is authorized to allot for such purposes all or a portion of whatever state funds the legislature appropriates or are otherwise made available for the purpose of matching local funds dedicated to community programs and projects for the aging. The purpose of RCW 74.36.110 through 74.36.130 is to stimulate and assist local communities to obtain federal funds made available under the federal older Americans act of 1965 as amended.
[ 2013 c 23 § 222; 1971 ex.s. c 169 § 10.]
NOTES:
Moneys in possession of secretary not subject to certain proceedings: RCW 74.13.070.
2023 Revised Code of Washington › Title 74 - Public Assistance › Chapter 74.36 - Funding for Community Programs for the Aging. › 74.36.120 - Community programs and projects for the aging—Standards for eligibility and approval—Informal hearing on denial of approval.

RCW 74.36.120
Community programs and projects for the aging—Standards for eligibility and approval—Informal hearing on denial of approval.
(1) The secretary or his or her designee shall adopt and set forth standards for determining the eligibility and approval of community projects and priorities therefor, and shall have final authority to approve or deny such projects and funding requested under RCW 74.36.110 through 74.36.130.
(2) Only community project proposals submitted by local public agencies, by private nonprofit agencies or organizations, or by public or other nonprofit institutions of higher education, shall be eligible for approval.
(3) Any community project applicant whose application for approval is denied will be afforded an opportunity for an informal hearing before the secretary or his or her designee, but the administrative procedure act, chapter 34.05 RCW, shall not apply.
[ 2013 c 23 § 223; 1971 ex.s. c 169 § 11.]