Title 71A — Title 71A DEVELOPMENTAL DISABILITIES

The legislature finds that the statutory authority for the programs, policies, and services of the department of social and health services for persons with developmental disabilities often lack[s] clarity and contain[s] internal inconsistencies. In addition, existing authority i…

The legislature recognizes that the emphasis of state developmental disability services is shifting from institutional-based care to community services in an effort to increase the personal and social independence and fulfillment of persons with developmental disabilities, consis…

The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities through a uniform…

As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.(1) "Administration" means the department of social and health services developmental disabilities administration.(2) "Assessment" means an evaluation is provided …

(1) The existence of developmental disabilities does not affect the civil rights of the person with the developmental disability except as otherwise provided by law.(2) The secretary's determination under RCW 71A.16.040 that a person is eligible for services under this title shal…

Persons are protected from discrimination because of a developmental disability as well as other mental or physical disabilities by the law against discrimination, chapter 49.60 RCW, by other state and federal statutes, rules, and regulations, and by local ordinances, when the pe…

(1) An applicant or recipient or former recipient of a developmental disabilities service under this title from the department of social and health services has the right to appeal the following department actions:(a) A denial of an application for eligibility under RCW 71A.16.04…

(1) Whenever this title requires the secretary to give notice, the secretary shall give notice to the person with a developmental disability and, except as provided in subsection (3) of this section, to at least one other person. The other person shall be the first person known t…

(1) Whenever this title places on the secretary the duty to consult, the secretary shall carry out that duty by consulting with the person with a developmental disability and, except as provided in subsection (2) of this section, with at least one other person. The other person s…

(1) The governor shall designate an agency to implement a program for the protection and advocacy of the rights of persons with developmental disabilities pursuant to the developmentally disabled assistance and bill of rights act, 89 Stat. 486; 42 U.S.C. Secs. 6000-6083 (1975), (…

(1) To the extent consistent with federal law and federal funding requirements, the department must prioritize individuals, utilizing the expiration dates of the special certificates, for the provision of individual technical assistance to an individual, prior to the expiration d…

(1) The department shall hire two permanent, full-time employees to regularly review and maintain the no-paid services caseload. This includes, but is not limited to, updating the no-paid services caseload to accurately reflect a current head count of eligible individuals and ide…

(1) When enrolling eligible clients in open home and community-based services waiver slots and for the purposes of determining access to specific waiver services, to the extent consistent with federal law and federal funding requirements, the administration shall prioritize clien…

Except as provided in RCW 71A.10.901, this title shall govern:(1) The continued provision of services to persons with developmental disabilities who are receiving services on June 9, 1988.(2) The disposition of hearings, lawsuits, or appeals that are pending on June 9, 1988.(3) A…

The repeals made by sections 1005 through 1007, chapter 176, Laws of 1988, shall not be construed as affecting any existing right, status, or eligibility for services acquired under the provisions of the statutes repealed, nor as affecting the validity of any rule or order promul…

Insofar as provisions of this title are substantially the same as provisions of the statutes repealed by sections 1005, 1006, and 1007, chapter 176, Laws of 1988, the provisions of this title shall be construed as restatements and continuations of the prior law, and not as new en…

It is declared to be the policy of the state to authorize the secretary to develop and coordinate state services for persons with developmental disabilities; to encourage research and staff training for state and local personnel working with persons with developmental disabilitie…

(1) To the extent that state, federal, or other funds designated for services to persons with developmental disabilities are available, the secretary shall provide every eligible person with habilitative services suited to the person's needs, regardless of age or degree of develo…

The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsi…

The secretary is authorized to provide, or arrange with others to provide, all services and facilities that are necessary or appropriate to accomplish the purposes of this title, and to take all actions that are necessary or appropriate to accomplish the purposes of this title. T…

Services that the secretary may provide or arrange with others to provide under this title include, but are not limited to:(1) Architectural services;(2) Case management services;(3) Early childhood intervention;(4) Employment services;(5) Family counseling;(6) Family support;(7)…

The secretary may make payments for nonresidential services which exceed the cost of caring for an average individual at home, and which are reasonably necessary for the care, treatment, maintenance, support, and training of persons with developmental disabilities, upon applicati…

The secretary is authorized to pay for all or a portion of the costs of care, support, and training of residents of a residential habilitation center who are placed in community residential programs under this section and RCW 71A.12.070 and 71A.12.080.[ 1988 c 176 s 206.]

All payments made by the secretary under RCW 71A.12.060 shall, insofar as reasonably possible, be supplementary to payments to be made for the costs of care, support, and training in a community residential program by the estate of such resident of the residential habilitation ce…

(1) The secretary shall adopt rules concerning the eligibility of residents of residential habilitation centers for placement in community residential programs under this title; determination of ability of such persons or their estates to pay all or a portion of the cost of care,…

If a person with developmental disabilities is the parent of a child who is about to be placed for adoption or foster care by the secretary, the parent shall be eligible to receive services in order to promote the integrity of the family unit.[ 1988 c 176 s 209.]

Consistent with the general powers of the secretary and whether or not a particular person with a developmental disability is involved, the secretary may:(1) Provide information to the public on developmental disabilities and available services;(2) Engage in research concerning d…

(1) The secretary may enter into agreements with any person, corporation, or governmental entity to pay the contracting party to perform services that the secretary is authorized to provide under this title, except for operation of residential habilitation centers under chapter 7…

(1) The governor may take whatever action is necessary to enable the state to participate in the manner set forth in this title in any programs provided by any federal law and to designate state agencies authorized to administer within this state the several federal acts providin…

The secretary may receive and accept from any person, organization, or estate gifts of money or personal property on behalf of a residential habilitation center, or the residents therein, or on behalf of the entire program for persons with developmental disabilities, or any part …

Each state agency that administers federal or state funds for services to persons with developmental disabilities, or for research or staff training in the field of developmental disabilities, shall:(1) Investigate and determine the nature and extent of services within its legal …

The secretary shall have the authority, in the name of the state, to enter into contracts with any duly authorized representative of the United States of America, or its territories, or other states for the provision of services under this title at the expense of the United State…

(1) The individual and family services program for individuals eligible to receive services under this title is established. This program replaces family support opportunities, traditional family support, and the flexible family support pilot program. The department shall transfe…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***The department of social and health services is providing a structured, therapeutic environment for persons who are eligible for placement in the community protection program in order for them to live safely and successfully in the commun…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***RCW 71A.12.220 through 71A.12.280 apply to a person:(1)(a) Who has been charged with or convicted of a crime and meets the following criteria:(i) Has been convicted of one of the following:(A) A crime of sexual violence as defined in chap…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Assessment" means the written opinion of a qualified professional stating, at a minimum:(a) Whether a person meets the criter…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***(1) Prior to receiving services through the community protection program, a person must first receive an assessment of risk and/or dangerousness by a qualified professional. The assessment must be consistent with the guidelines for risk a…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***(1) Individuals receiving services through the department's community protection waiver retain all appeal rights provided for in RCW 71A.10.050. In addition, such individuals have a right to an administrative hearing pursuant to chapter 3…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***(1) Community protection program participants shall have appropriate opportunities to receive services in the least restrictive manner and in the least restrictive environments possible.(2) There must be a review by the treatment team eve…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***A participant who demonstrates success in complying with reduced restrictions and remains free of offenses that may indicate a relapse for at least twelve months, may be considered for placement in a less restrictive community residential…

*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***The department shall develop and maintain rules, guidelines, or policy manuals, as appropriate, for implementing and maintaining the community protection program under this chapter.[ 2006 c 303 s 9.]

(1) Clients age 21 and older who are receiving employment services must be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment progra…

(1) The enforcement standards in this section apply to all certified residential services and support providers.(2) The department is authorized to take one or more of the enforcement actions listed in subsection (3) of this section when the department finds that a provider of re…

At every developmental disabilities administration annual assessment, the case manager is required to meet with the client in an in-person setting. If the client is receiving personal care services or supported living services, the case manager must ask permission to view the cli…

(1) Within funds appropriated for this purpose, the developmental disabilities administration shall increase home visits for clients identified as having the highest risk of abuse and neglect.(2)(a) The developmental disabilities administration must develop a process to determine…

The legislature finds that the residential services and supports program administered by the department of social and health services under RCW 71A.12.040 and chapter 388-101 WAC has experienced significant growth and that additional funds are needed to enable the department to a…

(1) After initial certification, the certified provider must pay an annual certification fee in accordance with procedures adopted by the department. The annual certification fee must be established in the omnibus appropriations act and any amendment or additions made to that act…

(1) The department shall use the funds made available under RCW 71A.12.340 to conduct complaint investigations in certified residential services and supports programs.(2) For the purposes of this section, "complaint investigations" include investigations of (a) complaints about p…

(1) Subject to the availability of amounts appropriated for this specific purpose, the developmental disabilities administration of the department of social and health services shall track and monitor the following items and make the deidentified information available to the offi…

(1) Services provided through a medicaid waiver administered by the department, to the extent consistent with federal law and federal funding requirements, shall be provided to eligible individuals who meet the following criteria on or after July 23, 2023:(a)(i) Are subject to a …