reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829R - Overnight planned respite services › Section 388-829R-235 - What must an overnight planned respite services provider comply with to maintain certification?

Current through Register Vol. 24-14, July 15, 2024
To maintain certification an overnight planned respite
				  services provider must comply with:
(1) Requirements under this
				chapter;
(2) Laws governing this
				chapter, including chapter 71A.12 RCW;
(3) Requirements under chapter 74.34
				RCW;
(4) Other relevant federal,
				state and local laws, requirements, and ordinances.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829R - Overnight planned respite services › Section 388-829R-240 - When may DDA decertify an overnight planned respite services provider?

Current through Register Vol. 24-14, July 15, 2024
DDA may decertify an overnight planned respite services
				  provider who:
(1) Has had a license,
				certification, medicaid or medicare provider agreement, or a contract for the
				care of children or
vulnerable adults denied, suspended, revoked, not renewed, or
				  terminated, for noncompliance with state or federal regulations;
(2) Obtained or attempted to
				obtain a license, certification or contract by fraudulent means or
				misrepresentation; or
(3) Willfully
				prevented or interfered with or failed to cooperate with any investigation or
				certification evaluation made by the department or DDA-contracted evaluator,
				including refusal to permit authorized department representatives to interview
				clients or have access to their records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829R - Overnight planned respite services › Section 388-829R-245 - How does DDA monitor overnight planned respite services?

Current through Register Vol. 24-14, July 15, 2024
(1) To monitor overnight planned respite
				services, DDA reviews all feedback received from overnight planned respite
				services post-services surveys and follows up as needed with any
				concerns.
(2) DDA monitors an
				overnight planned respite services provider through certification evaluation to
				ensure that the client's needs are being met and the provider is in compliance
				with this chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829R - Overnight planned respite services › Section 388-829R-250 - How must the overnight planned respite services provider participate in the certification evaluation process?

Current through Register Vol. 24-14, July 15, 2024
The overnight planned respite services provider must
				  participate in the certification evaluation process with DDA employees and
				  DDA-contracted evaluators by:
(1)
				Allowing scheduled and unscheduled visits;
(2) Providing information and documentation
				as requested;
(3) Cooperating in
				setting up appointments;
(4)
				Responding to questions or issues identified;
(5) Participating in an exit conference;
				and
(6) Submitting a corrective
				action plan within an agreed time frame, if applicable.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829R - Overnight planned respite services › Section 388-829R-255 - What if the overnight planned respite services provider disagrees with a certification evaluation or certification decision?

Current through Register Vol. 24-14, July 15, 2024
If an overnight planned respite services provider disagrees
				  with a certification evaluation or certification decision under this chapter,
				  the provider may request an informal dispute resolution meeting with DDA
				  by:
(1) Submitting a written request
				to DDA no more than ten days after receiving the final certification letter and
				report; and
(2) Including a written
				statement that identifies the challenged action, describes the provider's
				concerns, and lists regulations and contract standards cited.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829R - Overnight planned respite services › Section 388-829R-260 - What if the overnight planned respite services provider disagrees with a certification action or the outcome of an informal dispute resolution?

Current through Register Vol. 24-14, July 15, 2024
(1) If an overnight
				planned respite services provider disagrees with a certification action or the
				outcome of an informal dispute resolution, the provider may request an
				administrative hearing under chapter 388-02 WAC.
(2) To request an administrative hearing the
				provider must submit a written request to the office of administrative hearings
				no more than twenty-eight days after receiving the written notice of the
				outcome of the informal dispute resolution.
(3) The administrative hearing request must
				include:
(a) A copy of the contested
				certification action; and
(b) The
				reason the provider is contesting the certification action.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › Section 388-829Z-005 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter.
"Client" means a person who has a developmental disability as
				  defined in
				  RCW
				  71A.10.020(5) and who DDA
				  has determined eligible to receive services under chapter 71A.16 RCW. For
				  purposes of notification, informed consent, and decision-making requirements,
				  the term "client" includes the client's legal representative to the extent of
				  the representative's legal authority.
"DDA" means the developmental disabilities administration, an
				  administration of the department of social and health services, its employees,
				  and authorized agents.
"Direct support professional" means a person who interacts
				  directly with a client while the client receives emergency transitional support
				  services.
"DSHS" or "the department" means the state of Washington
				  department of social and health services, its employees, and authorized
				  agents.
"Legal representative" means a person's legal guardian,
				  limited guardian when the subject matter is within the scope of the limited
				  guardianship, attorney-at-law, attorney-in-fact, or any other person who is
				  authorized by law to act for another person.
"Provider" means the state-operated entity on the Rainier
				  School campus providing emergency transitional support services.
"State of emergency" means an emergency proclaimed as such by
				  the governor pursuant to
				  RCW
				  43.06.010.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › Section 388-829Z-010 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
This chapter establishes rules for emergency transitional
				  support services. These state-funded services, administered by DDA at Rainier
				  School, were created in direct response to a state of emergency declared by the
				  governor.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › ELIGIBILITY › Section 388-829Z-015 - Who may receive emergency transitional support services?

Current through Register Vol. 24-14, July 15, 2024
(1) To receive
				  emergency transitional support services, a person must:
(a) Have been admitted to Rainier School to
				  receive emergency transitional support services on or before March 31, 2023;
				  or
(b) Meet the following criteria:
(i) The person is eligible for DDA services
				  under chapter 388-823 WAC;
(ii) The
				  person is age 18 or older; and
(iii)
				  The person is:
(A) At risk of being
				  hospitalized without medical need; or
(B) Hospitalized without medical need and
				  there are no safe discharge options immediately available to the
				  person.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › PROVIDER QUALIFICATIONS › Section 388-829Z-020 - What are the minimum requirements for direct support professionals providing emergency transitional support services?

Current through Register Vol. 24-14, July 15, 2024
To provide emergency transitional support services, a
					 direct support professional must:
(1)
				  Have a high school diploma or GED equivalent, unless hired before September 1,
				  1991;
(2) Be age 18
				  older;
(3) Have a current
				  background check as required by WAC
				  388-829Z-025; and
(4) Successfully complete residential
				  habilitation center new employee training, which includes at a minimum:
(a) Client rights;
(b) Mandatory reporting;
(c) Blood-borne pathogens;
(d) First aid and CPR;
(e) Crisis prevention and
				  deescalation;
(f) Skills training
				  for activities of daily living; and
(g) Person-centered thinking.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › PROVIDER QUALIFICATIONS › Section 388-829Z-025 - Who must have a background check?

Current through Register Vol. 24-14, July 15, 2024
(1) A direct support professional, volunteer,
				  and any other employee who may have unsupervised access to a DDA client must
				  have a background check.
(2) Any
				  person required to have a background check under this section must have a
				  nondisqualifying background check result as required by DSHS.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › PROVIDER QUALIFICATIONS › Section 388-829Z-030 - What will disqualify a direct support professional or a volunteer from working in a capacity that may involve access to DDA clients?

Current through Register Vol. 24-14, July 15, 2024
(1) Criminal
				  convictions and pending charges that disqualify a direct support professional
				  or a volunteer from working with DDA clients are listed in chapter 388-113
				  WAC.
(2) A volunteer or person
				  employed by an emergency transitional support services provider who receives a
				  DSHS background check with a disqualifying result is prohibited from any
				  unsupervised access to DDA clients.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › SERVICE DELIVERY › Section 388-829Z-035 - What services and activities must be a part of emergency transitional support services?

Current through Register Vol. 24-14, July 15, 2024
The provider must provide the following services and
					 activities at no cost to the client:
(1) A furnished home environment, including a
				  private bedroom;
(2) Access to a
				  safe outdoor area for recreation and leisure;
(3) Support accessing social and recreational
				  opportunities in the community;
(4)
				  Access to physical and behavioral health services prescribed by the client's
				  treating professional;
(5) Three
				  nutritious meals and two snacks per day;
(6) Bedding and towels;
(7) Access to laundry facilities;
				  and
(8) Access to a telephone and a
				  place to make private calls.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › SERVICE DELIVERY › Section 388-829Z-040 - What policies and procedures must the provider have?

Current through Register Vol. 24-14, July 15, 2024
(1) The provider
				  must implement policies and procedures that address:
(a) Client rights, including a client's right
				  to file a complaint or suggestion without interference;
(b) Reporting requirements for suspected
				  abuse, neglect, financial exploitation, and abandonment;
(c) Client protections when there have been
				  allegations of abuse, neglect, financial exploitation, or
				  abandonment;
(d) Emergent
				  situations that may pose a danger or risk to the client or others;
(e) Response to a missing person and other
				  client emergencies;
(f) Emergency
				  response plans for natural and other disasters;
(g) Client access to medical, mental health,
				  and law enforcement resources;
(h)
				  Notifications to client's primary caregiver, legal representative, or relatives
				  in case of emergency;
(i) Client
				  grievances, including timelines, possible remedies, and information about how
				  to submit unresolved grievances to the department; and
(j) Aspects of medication management,
				  including:
(i) Supervision of medication;
				  and
(ii) Client refusal.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › SERVICE DELIVERY › Section 388-829Z-045 - What requirements must be met before a provider transports a client?

Current through Register Vol. 24-14, July 15, 2024
Before transporting a client, a provider or direct support
					 professional must have:
(1) Automobile
				  insurance coverage under chapter 46.30 RCW; and
(2) A valid driver's license under chapter
				  46.20 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › SERVICE DELIVERY › Section 388-829Z-050 - How must the provider regulate the water temperature at Rainier School?

Current through Register Vol. 24-14, July 15, 2024
(1) The provider
				  must regulate the water temperature at Rainier School as follows:
(a) Maintain the water temperature in the
				  household between 105 degrees and 120 degrees Fahrenheit; and
(b) Check the water temperature at least once
				  every six months.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › SERVICE DELIVERY › Section 388-829Z-055 - What records must the provider keep?

Current through Register Vol. 24-14, July 15, 2024
(1) For each client, the provider must keep
				  the following information:
(a) The client's
				  name and address;
(b) The name,
				  address, and telephone number of the client's primary guardian or legal
				  representative;
(c) A copy of the
				  client's most recent person-centered service plan;
(d) Nurse delegation records, if
				  applicable;
(e) Progress
				  notes;
(f) Incident reports, if
				  applicable;
(g) Medication
				  documentation, including a medication intake form and medication administration
				  records, if applicable;
(h) A list
				  of the client's personal property upon arrival, acquisition of new property -
				  other than consumables, and property at departure; and
(i) A record of money or gift cards managed
				  by the provider on behalf of the client, if applicable.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › SERVICE DELIVERY › Section 388-829Z-060 - How must a provider report suspected abuse and neglect?

Current through Register Vol. 24-14, July 15, 2024
A provider must immediately report suspected abandonment,
					 abuse, financial exploitation, or neglect of vulnerable adults to:
(1) Adult protective services using the DSHS
				  online reporting tool or by calling 1-877-734-6277 (TTY: 1-800-977-5456);
				  and
(2) Law enforcement agencies as
				  required under chapter 74.34 RCW, including when there is reason to suspect
				  sexual or physical abuse.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › TERMINATION › Section 388-829Z-065 - When may DDA terminate a client's emergency transitional support services?

Current through Register Vol. 24-14, July 15, 2024
(1) DDA must
				  terminate a client's emergency transitional support services if:
(a) Requested by the client; or
(b) The provider is decertified.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › TERMINATION › Section 388-829Z-070 - What are a client's notice and appeal rights?

Current through Register Vol. 24-14, July 15, 2024
(1) A client has a right to appeal a
				  termination under WAC
				  388-829Z-065(2)(a).
(2) A client does not have a right to appeal
				  termination of emergency transitional support services if the basis for
				  termination is a lack of funding or provider decertification.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › CERTIFICATION › Section 388-829Z-075 - Must the provider of emergency transitional support services be certified?

Current through Register Vol. 24-14, July 15, 2024
(1) The provider
				  of emergency transitional support services must be certified by DDA no more
				  than 90 days after the first date of service delivery.
(2) DDA certifies the provider through a
				  certification evaluation to monitor compliance with this chapter and other
				  relevant DDA policies.
(3)
				  DSHS-contracted evaluators conduct the certification evaluations.
(4) The provider must participate in a
				  certification evaluation at least once every 12 months.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › CERTIFICATION › Section 388-829Z-080 - What if the emergency transitional support services provider disagrees with a certification evaluation or certification decision?

Current through Register Vol. 24-14, July 15, 2024
If an emergency transitional support services provider
					 disagrees with a certification evaluation or certification decision under this
					 chapter, the provider may request an informal dispute resolution meeting with
					 DDA by:
(1) Submitting a written
				  request to DDA no more than 10 days after receiving the final certification
				  letter and report; and
(2)
				  Including a written statement that identifies the challenged action, describes
				  the provider's concerns, and lists regulations and contract standards
				  cited.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › CERTIFICATION › Section 388-829Z-085 - What happens if the provider is found to be out of compliance?

Current through Register Vol. 24-14, July 15, 2024
(1) If DDA finds in
				  its evaluation that the emergency transitional support services provider is out
				  of compliance with any part of this chapter, the provider and DDA must develop
				  a plan of correction.
(2) The plan
				  of correction must:
(a) Outline methods for
				  the provider to comply with the required corrections; and
(b) Provide a time frame for the provider to
				  complete the corrective actions.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-829Z - Emergency transitional support services › CERTIFICATION › Section 388-829Z-090 - When may DDA stop admission authorization for emergency transitional support services?

Current through Register Vol. 24-14, July 15, 2024
DDA may stop admission authorization for emergency
					 transitional support services if:
(1)
				  The provider demonstrates inadequate performance or inability to deliver
				  quality care that jeopardizes the client's health, safety, or
				  well-being;
(2) The provider does
				  not complete the corrective actions within the agreed upon time
				  frame;
(3) The provider fails to
				  comply with the requirements of this chapter; or
(4) DDA has substantial evidence that a
				  client's health, safety, or well-being is at risk.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0020 - What is the community protection program?

Current through Register Vol. 24-14, July 15, 2024
(1) The community protection program is an
				array of services specifically designed to support persons who meet the
				definition of an "individual with community protection issues," as defined in
				WAC 388-831-0030.
(2) Community protection services and
				supports are designed to assist program participants to live safely and
				successfully in the community while minimizing the risk to public
				safety.
(3) Participation in the
				program is voluntary.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0020, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0030 - Who are individuals with community protection issues?

Current through Register Vol. 24-14, July 15, 2024
You are considered an individual with community protection
				  issues if:
(1) You have been
				determined to have a developmental disability as defined in WAC
				388-823-0040 and
				RCW
				71A.10.020(3); and
(2) You have been identified by DDD as a
				person who meets one or more of the following:
(a) You have been charged with or convicted
				of a crime of sexual violence as defined in
				chapter
				9A.44 or 71.09
				RCW;
(b) You have been charged with
				or convicted of a crime involving sexual acts directed towards strangers or
				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;
(c) You have been charged with or convicted
				of one or more violent crimes as defined in
				RCW
				9.94A.030(45);
(d) You have not been charged with or
				convicted of a crime identified in (2)(a), (b), or (c) above, but you have a
				history of violent, stalking, sexually violent, predatory and/or opportunistic
				behavior which a qualified professional has determined demonstrates a
				likelihood to commit a violent, sexually violent and/or predatory act;
				and
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0040 - Who is covered by these rules?

Current through Register Vol. 24-14, July 15, 2024
These rules cover persons who are age eighteen or older and
				  meet the criteria defined in WAC
				  388-831-0030.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0040, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0050 - What steps are necessary for me to receive services through the community protection program?

Current through Register Vol. 24-14, July 15, 2024
In order to receive services through the community protection
				  program, you must:
(1) Receive an
				assessment of risk and/or dangerousness by a qualified professional, as
				specified in WAC
				388-831-0060;
(a) You and your representative have the
				right to choose the qualified professional who is contracted with the
				state;
(b) The division will
				provide you with a list of these qualified professionals; and
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0060 - What is contained in the risk assessment?

Current through Register Vol. 24-14, July 15, 2024
(1) The risk assessment must be consistent
				with the guidelines for risk assessments and psychological or psychosexual
				evaluations developed by the division.
(2) The risk assessment must contain:
(a) A determination by a qualified
				professional whether your behaviors can be managed successfully in the
				community with reasonably available safeguards;
(b) A determination that lesser restrictive
				residential placement alternatives have been considered and would not be
				reasonable for your situation;
(c)
				Recommendations for treatment; and
(d) A list of necessary restrictions and the
				reason for them.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0065 - What if I refuse to participate in the risk assessment?

Current through Register Vol. 24-14, July 15, 2024
(1) If you refuse to participate in the risk
				assessment, the administration cannot determine what your health and safety
				needs are, or whether you can be supported successfully in the community with
				reasonable safeguards. You will not be eligible for any administration services
				except for case management and community first choice (CFC) or medicaid
				personal care (MPC) services (if eligible under chapter 388-106 WAC).
(2) Your name will be placed on the
				specialized client database. This database identifies individuals who may
				present a danger to their communities.
(3) If DDA determines it can provide only
				case management and CFC or MPC services, you and your legal representative will
				receive a notice of the determination that explains the decision and your right
				to appeal that decision.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0065, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0070 - What type of information will I receive from the division when I am considered for placement in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
When you are considered for placement in the community
				  protection program, the division will provide you and your legal representative
				  the following information in writing:
(1) Limitations regarding the services that
				will be available due to your community protection issues;
(2) Disclosure requirements as a condition of
				receiving services other than case management;
(3) The requirement to engage in therapeutic
				treatment if it is a condition of receiving certain services;
(4) Anticipated restrictions that may be
				provided, such as intensive supervision and/or limited access to television
				viewing, reading material and videos;
(5) The right to decline services;
(6) The anticipated consequences of declining
				services, such as the loss of existing services and/or removal from waiver
				services;
(7) The right to an
				administrative hearing as specified in WAC
				388-825-120 through
				388-825-165, including an
				emergency adjudicative proceeding as specified in
				RCW
				34.05.479;
(8) The requirement to sign a preplacement
				agreement as a condition of receiving community protection program residential
				services;
(9) The right to retain
				current services as specified in WAC
				388-825-145 or
				388-825-150;
(10) The right to refuse to participate in
				the program; and
(11) Information
				about how to contact a disability rights organization.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0070, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0080 - Will I be notified of the division's determination regarding placement in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If the division determines that you are appropriate for placement in the
				community protection program, you and your legal representative will receive in
				writing a determination by the division that you meet the criteria for
				placement within the community protection program and your right to appeal this
				decision.
(2) This notification
				does not guarantee placement within the community protection program.
(3) If the division determines that you are
				not appropriate for placement in the community protection program, you and your
				legal representative will receive a notice in writing of the determination by
				the division that you do not meet the criteria for placement within the
				community protection program.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0080, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0090 - Will I be notified if the division determines that I cannot be managed successfully in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
If the division determines that your health and safety needs
				  cannot be met and you cannot be managed successfully in the community
				  protection program with reasonably available safeguards, you and your legal
				  representative will receive this determination in writing.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0090, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0100 - How do I apply for the community protection program?

Current through Register Vol. 24-14, July 15, 2024
(1) You may apply for the community
				protection program by calling the regional DDD office or a local DDD office.
				The toll free regional numbers are:
Region 1
Spokane
1-800-462-0624
Region 2
Yakima
1-800-822-7840
Region 3
Everett
Bellingham
Mount Vernon
1-800-788-2053
1-800-239-8285
1-800-491-5266
Region 4
Seattle
1-800-314-3296
Region 5
Tacoma
Bremerton
1-800-248-0949
1-800-735-6740
Region 6
Port Angeles
Tumwater
Vancouver
1-877-601-2760
1-800-339-8227
1-888-877-3490
(2)
				DDD will make arrangements with you to complete the application for the
				eligibility determination by mail or over the phone.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0100, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0110 - What information about me will be shared with others if I am offered services in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are offered services in the
				community protection program, the division will give information about you and
				your community protection issues to:
(a)
				Prospective community protection service providers; and
(b) Your current service providers.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0120 - What will my services be like in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
Your community protection services will be:
(1) Consistent with your individual support
				and supervision needs as specified in your individual support plan;
(2) Consistent with your individual treatment
				plan, which includes your most recent treatment goals and current restrictions;
				and
(3) Provided in the least
				restrictive manner and environment that minimizes the likelihood of offending
				behavior.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0120, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0130 - What services may I receive in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
(1) The division
				will only authorize services to program participants who follow the treatment
				recommendations made by the qualified professionals who assess and/or provide
				your treatment and are listed in WAC
				388-845-0220.
(2) Your residential services must be
				provided by a certified community protection intensive supported living
				services provider. Community protection intensive supported living services
				provide:
(a) An opportunity for you to live
				successfully in the community;
(b)
				A specialized environment in which you are supported to make positive choices
				to reduce the behaviors that require intensive intervention and
				supervision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0150 - Who can provide my therapy in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
You and your representative have the right to choose the
				  qualified professional to provide your therapy, subject to the following
				  conditions:
(1) Your therapy must be
				provided by a qualified professional who:
(a)
				Has at least three years experience treating individuals with developmental
				disabilities and community protection issues;
(b) Is in good standing with the department
				of health, health professions quality assurance division;
(c) Is within a reasonable distance of your
				residence; and
(d) Is contracted
				with the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0160 - What services may you receive if you refuse placement in the community protection program?

Current through Register Vol. 24-14, July 15, 2024
If you are offered and refuse community protection program
				  residential services, you may only receive case management services and
				  community first choice or medicaid personal care services (if eligible under
				  chapter 388-106 WAC).
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0160, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0200 - How often will my progress be reviewed?

Current through Register Vol. 24-14, July 15, 2024
(1) The treatment team will review your
				progress at least every ninety days.
(2) If a treatment team member has reason to
				believe that your circumstances have changed significantly, the team member may
				request that a risk reassessment be conducted at any time.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0200, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0210 - What is included in the review of my progress?

Current through Register Vol. 24-14, July 15, 2024
(1) The review of your progress will include:
(a) Evaluating the use of less restrictive
				measures;
(b) Making changes in
				your program as necessary;
(c)
				Reviewing all restrictions and recommending reductions, if
				appropriate.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0220 - When may I be considered for placement in a less restrictive residential setting?

Current through Register Vol. 24-14, July 15, 2024
(1) If you
				demonstrate success in complying with reduced restrictions and remain free of
				any offense that may indicate a relapse for at least twelve months, you may be
				considered for placement in a less restrictive residential setting.
(2) If you request placement in a less
				restrictive residential setting and that request is denied, you and your legal
				representative will receive a notice of the determination by DDD, explaining
				the reason for the denial and your right to appeal this decision.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0220, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0230 - What is the process to move me to a less restrictive residential setting?

Current through Register Vol. 24-14, July 15, 2024
(1) The process
				to move you to a less restrictive residential setting will include:
(a) Written verification of your treatment
				progress and an assessment of low risk of reoffense and/or dangerousness by
				your therapist;
(b) A
				recommendation by your therapist that you are ready for reductions in
				supervision and restrictions;
(c)
				Development of a gradual phase out plan by the treatment team, projected over a
				reasonable period of time, which includes specific criteria for evaluating
				reductions in restrictions, especially supervision;
(d) Compliance with reduced
				restrictions;
(e) The absence of
				any incidents that may indicate relapse for a period of twelve
				months;
(f) An assessment by a
				qualified professional consistent with the division guidelines for risk
				assessment and psychosexual evaluations containing:
(i) An evaluation of your risk of reoffense
				and/or dangerousness; and
(ii) An
				opinion as to whether or not you can be managed successfully in a less
				restrictive community residential setting; and
(g) A recommendation as to suitable placement
				by the treatment team.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0240 - Can I be terminated from the community protection program?

Current through Register Vol. 24-14, July 15, 2024
You may be terminated from the community protection program
				  by the division if:
(1) You physically
				assault program participants, staff or others;
(2) You repeatedly elope from the program or
				evade supervision;
(3) You engage
				in illegal behavior of any kind; or
(4) You refuse to comply with program and/or
				treatment guidelines to the extent that your therapist determines you are not
				amenable to treatment; and
(5) The
				division determines that your health and safety needs cannot be met in the
				program.
Statutory Authority:
					 RCW
					 71A.12.030 and
					 71A.12.120. 10-13-166, §
					 388-831-0240, filed 6/23/10, effective 7/24/10. Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0240, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0250 - Can I leave the community protection program at any time?

Current through Register Vol. 24-14, July 15, 2024
Your participation in the community protection program is
				  voluntary. However, if you leave the community protection program and DDD
				  determines that you require the community protection program to meet your
				  health and safety needs and those of the community, you will not be eligible
				  for other DDD residential services or employment/day program
				  services.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0250, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0260 - What enforcement actions may the division take against a provider of residential services and support?

Current through Register Vol. 24-14, July 15, 2024
The rules regarding the enforcement actions that the division
				  may take against a provider of residential services and support may be found in
				  WAC 388-101-4150 through
				  388-101-4190.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0260, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0300 - What appeal rights do I have if I receive services through the division's community protection waiver?

Current through Register Vol. 24-14, July 15, 2024
(1)
				You have the right to appeal decisions made by the division in accordance with
				WAC 388-825-120 through
				388-825-165.
(2) In addition to the right to appeal
				department actions described in WAC
				388-825-120(3),
				if you receive services through the division's community protection waiver you
				have the right to appeal the following decisions by the division:
(a) Termination of community protection
				waiver eligibility;
(b) Your
				assignment to the community protection waiver; and
(c) Denial of a request for a less
				restrictive community residential placement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0400 - Am I entitled to placement on the community protection waiver?

Current through Register Vol. 24-14, July 15, 2024
Nothing in these rules creates an entitlement to placement on
				  the community protection waiver.
Statutory Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0400, filed 9/30/08, effective
					 10/31/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-832 - Individual and family services program › Section 388-832-0001 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Agency provider"
means a long-term care worker
				  who works for a home care agency.
"Allocation"
means needs-based funding available
				  to a client and the client's family for a maximum of twelve months.
"Authorization"
means developmental disabilities
				  administration (DDA) funding approval for a service identified in a client's
				  person-centered service plan.
"Caregiver"
means a person who provides formal
				  (paid), informal (unpaid), or primary (paid or unpaid) support.
"Client"
means a person who has a developmental
				  disability as defined in
				  RCW
				  71A.10.020(3) who also has
				  been determined eligible to receive services from DDA under chapter 71A.16
				  RCW.
"DDA"
means the developmental disabilities
				  administration within the department of social and health services
				  (DSHS).
"Department"
means the department of social and
				  health services (DSHS).
"Family"
means a relative who lives with the
				  client. A relative includes the client's spouse or registered domestic partner;
				  natural, adoptive or step parent; grandparent; child; stepchild; sibling;
				  stepsibling; uncle; aunt; first cousin; niece; or nephew.
"Family home"
means the residence where the
				  client and the client's family live.
"Individual and family services contract"
means
				  a contract between DDA and the family to reimburse the family for the purchase
				  of goods and services.
"Individual provider"
means an individual who is
				  contracted with DDA to provide medicaid state plan personal care or medicaid
				  waiver personal care, respite care, or attendant care services.
" Person-centered service plan"
or
"PCSP"
is a document that authorizes DDA-paid services that meet
				  the client's needs identified in the client's DDA assessment.
"Significant change"
means a change in a
				  client's medical condition, caregiver status, behavior, living situation, or
				  employment status.
"State-funded "
means a service or program
				  funded entirely with state dollars.
"State supplementary payment"
or
"SSP"
means a state paid cash assistance program for certain DDA
				  clients eligible for supplemental security income per chapter 388-827
				  WAC.
"You"
means the client.
Statutory Authority: RCW 71A.12.30 [71A.12.030],
					 71A.12.040, and Title 71A RCW. 09-11-054, § 388-832-0001, filed 5/13/09,
					 effective 6/13/09. Statutory Authority:
					 RCW
					 71A.12.030,
					 71A.12.040, and 2007 c 283.
					 08-16-121, § 388-832-0001, filed 8/5/08, effective
					 9/5/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-832 - Individual and family services program › DESCRIPTION › Section 388-832-0005 - What is the state-funded individual and family services program?

Current through Register Vol. 24-14, July 15, 2024
The state-funded individual and family services (IFS)
					 program is a program that purchases select goods and services to support
					 eligible clients and their families.
Statutory Authority: RCW 71A.12.30 [71A.12.030],
						71A.12.040, and Title 71A RCW. 09-11-054, § 388-832-0005, filed 5/13/09,
						effective 6/13/09. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.040, and 2007 c 283.
						08-16-121, § 388-832-0005, filed 8/5/08, effective
						9/5/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-832 - Individual and family services program › DESCRIPTION › Section 388-832-0007 - What is the purpose of the individual and family services (IFS) program? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 71A.12.30 [71A.12.030],
						71A.12.040, and Title 71A RCW. 09-11-054, § 388-832-0007, filed 5/13/09,
						effective 6/13/09. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.040, and 2007 c 283.
						08-16-121, § 388-832-0007, filed 8/5/08, effective
						9/5/08.