DSHS terminology

AN ACT Relating to correcting terminology to align the revised 1
code of Washington with recent reorganization at the department of 2
social and health services; amending RCW 2.53.055, 2.70.901, 3
10.77.400, 10.77.675, 13.34.136, 43.06.535, 43.20A.885, 43.41.275, 4
43.330.425, 43.382.005, 43.382.010, 70.128.040, 70.128.300, 5
71.09.099, 71A.10.020, 71A.10.100, 71A.16.020, 71A.16.050, 6
71A.18.060, 71A.26.010, 71A.26.030, 71A.28.030, 74.13.341, 74.04.060, 7
74.09.520, 74.09.4951, 74.29.090, 74.39A.009, and 74.39A.060; 8
reenacting and amending RCW 43.88C.010; and providing an effective 9
date. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:11
Sec. 1. RCW 2.53.055 and 2019 c 465 s 1 are each amended to read 12
as follows: 13
(1) Subject to amounts specifically appropriated for this 14
purpose, the role of kinship care legal aid coordinator is hereby 15
created at the office of civil legal aid. The office may contract 16
with a separate nonprofit legal aid organization to satisfy the 17
requirements of this section. 18
(2)(a) The kinship care legal aid coordinator shall consult with 19
the following entities: 20
Z-0616.1
SENATE BILL 6063
State of Washington 69th Legislature 2026 Regular Session
By Senators Bateman, Dhingra, Frame, Nobles, Trudeau, Wellman, and C.
Wilson; by request of Department of Social and Health Services
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 6063
(i) The kinship care oversight committee as provided for in RCW 1
74.13.621; 2
(ii) The Washington state supreme court access to justice board's 3
pro bono council; 4
(iii) The Washington state bar association moderate means 5
program; 6
(iv) The department of social and health services ((, aging and 7
long-term support administration)); and 8
(v) The office of public defense. 9
(b) The kinship care legal aid coordinator shall work with 10
entities stated in (a) of this subsection to identify and facilitate 11
the development of local and regional kinship care legal aid 12
initiatives, and further efforts to implement relevant 13
recommendations from the kinship care oversight committee as provided 14
for in RCW 74.13.621. 15
(3) The kinship care legal aid coordinator shall maintain the 16
following duties: 17
(a) Develop, expand, and deliver training materials designed to 18
help pro bono and low bono attorneys provide legal advice and 19
assistance to kinship caregivers on matters that relate to their 20
ability to meet physical, mental, social, educational, and other 21
needs of children and youth in their care; 22
(b) Produce a biennial report outlining activities undertaken by 23
the coordinator; legal aid resources developed at the statewide, 24
regional, and local levels; and other information regarding 25
development and expansion of legal aid services to kinship caregivers 26
in Washington state. Reports are due to the department of children, 27
youth, and families, department of social and health services, and 28
relevant standing committees of the legislature by December 1st of 29
each even-numbered year. 30
Sec. 2. RCW 2.70.901 and 2023 c 120 s 4 are each amended to read 31
as follows: 32
(1) All powers, duties, and functions of county government and 33
the department of social and health services pertaining to public 34
defense services for indigent persons who are committed following 35
acquittal by reason of insanity under chapter 10.77 RCW are 36
transferred to the office of public defense. County government and 37
the department of social and health services shall retain powers, 38
duties, and functions to ensure public defense services for indigent 39
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persons prior to acquittal by reason of insanity under chapter 10.77 1
RCW. 2
(2)(a) The office of public defense may request copies of records 3
in the possession of a county public defense administrator ((,)) or 4
the department of social and health services ((, or the behavioral 5
health administration )) pertaining to the powers, functions, and 6
duties transferred, which shall be timely delivered to the custody of 7
the office of public defense. In order to implement the office's 8
administration and oversight of postcommitment public defense 9
services authorized by chapter 120, Laws of 2023, the office of 10
public defense shall be entitled to personal identifying information 11
for any person committed following acquittal by reason of insanity, 12
as well as information about underlying criminal or other pending 13
court proceedings, and the identity of any existing legal counsel. 14
The county public defense administrator ((,)) or the department of 15
social and health services ((, or the behavioral health 16
administration)) shall not require the office of public defense to 17
obtain consent by the person committed following acquittal by reason 18
of insanity in order to share this information. The office of public 19
defense shall maintain the confidentiality of all confidential 20
information included in the records. Records may be transferred 21
electronically or in hard copy, as agreed by the agencies. When the 22
office of public defense has satisfied its business needs related to 23
the transferred records, the office shall destroy the records 24
following appropriate procedures. 25
(b) All funds, credits, or other assets held by the department of 26
social and health services in connection with the powers, functions, 27
and duties transferred shall be assigned to the office of public 28
defense. 29
(c) Any appropriations made to the department of social and 30
health services for carrying out the powers, functions, and duties 31
transferred shall, on July 1, 2023, be transferred and credited to 32
the office of public defense. 33
(3) Notwithstanding July 1, 2023, if implementation of office of 34
public defense contracts would result in the substitution of counsel 35
within 180 days of a scheduled hearing, the director of the office of 36
public defense may continue defense services with existing counsel to 37
facilitate continuity of effective representation and avoid further 38
continuance of a trial. When existing counsel is maintained, payment 39
to complete the trial shall be prorated based on standard contract 40
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fees established by the office of public defense under chapter 120, 1
Laws of 2023 and, at the director's discretion, may include 2
extraordinary compensation based on attorney documentation.3
Sec. 3. RCW 10.77.400 and 2023 c 453 s 3 are each amended to 4
read as follows: 5
(1)(a) Whenever a defendant has pleaded not guilty by reason of 6
insanity, the court on its own motion or on the motion of any party 7
shall either appoint or request the secretary to designate a 8
qualified expert or professional person, who shall be approved by the 9
prosecuting attorney, to evaluate and report upon the mental 10
condition of the defendant. 11
(b)(i) Whenever there is a doubt as to competency, the court on 12
its own motion or on the motion of any party shall first review the 13
allegations of incompetency. The court shall make a determination of 14
whether sufficient facts have been provided to form a genuine doubt 15
as to competency based on information provided by counsel, judicial 16
colloquy, or direct observation of the defendant. If a genuine doubt 17
as to competency exists, the court shall either appoint or request 18
the secretary to designate a qualified expert or professional person, 19
who shall be approved by the prosecuting attorney, to evaluate and 20
report upon the mental condition of the defendant.21
(ii) Nothing in this subsection (1)(b) is intended to require a 22
waiver of attorney-client privilege. Defense counsel may meet the 23
requirements under this subsection (1)(b) by filing a declaration 24
stating that they have reason to believe that a competency evaluation 25
is necessary, and stating the basis on which the defendant is 26
believed to be incompetent. 27
(c) The signed order of the court shall serve as authority for 28
the evaluator to be given access to all records held by any mental 29
health, medical, long-term services ((or)) and supports, educational, 30
or correctional facility that relate to the present or past mental, 31
emotional, or physical condition of the defendant. If the court is 32
advised by any party that the defendant may have a developmental 33
disability, the evaluation must be performed by a developmental 34
disabilities professional and the evaluator shall have access to 35
records of the ((developmental disabilities administration of the 36
department)) component of the department that provides services to 37
eligible persons with intellectual and developmental disabilities 38
under Title 71A RCW . If the court is advised by any party that the 39
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defendant may have an intellectual or developmental disability, 1
dementia, or another relevant neurocognitive disorder, the evaluator 2
shall have access to records of the ((aging and long-term support 3
administration of the department )) component of the department that 4
provides services to eligible persons under chapter 74.39A RCW.5
(d) The evaluator shall assess the defendant in a jail, detention 6
facility, in the community, or in court to determine whether a period 7
of inpatient commitment will be necessary to complete an accurate 8
evaluation. If inpatient commitment is needed, the signed order of 9
the court shall serve as authority for the evaluator to request the 10
jail or detention facility to transport the defendant to a hospital 11
or secure mental health facility for a period of commitment not to 12
exceed fifteen days from the time of admission to the facility. 13
Otherwise, the evaluator shall complete the evaluation.14
(e) The court may commit the defendant for evaluation to a 15
hospital or secure mental health facility without an assessment if: 16
(i) The defendant is charged with murder in the first or second 17
degree; (ii) the court finds that it is more likely than not that an 18
evaluation in the jail will be inadequate to complete an accurate 19
evaluation; or (iii) the court finds that an evaluation outside the 20
jail setting is necessary for the health, safety, or welfare of the 21
defendant. The court shall not order an initial inpatient evaluation 22
for any purpose other than a competency evaluation.23
(f) The order shall indicate whether, in the event the defendant 24
is committed to a hospital or secure mental health facility for 25
evaluation, all parties agree to waive the presence of the defendant 26
or to the defendant's remote participation at a subsequent competency 27
hearing or presentation of an agreed order if the recommendation of 28
the evaluator is for continuation of the stay of criminal 29
proceedings, or if the opinion of the evaluator is that the defendant 30
remains incompetent and there is no remaining restoration period, and 31
the hearing is held prior to the expiration of the authorized 32
commitment period. 33
(g) When a defendant is ordered to be evaluated under this 34
subsection (1), or when a party or the court determines at first 35
appearance that an order for evaluation under this subsection will be 36
requested or ordered if charges are pursued, the court may delay 37
granting bail until the defendant has been evaluated for competency 38
or sanity and appears before the court. Following the evaluation, in 39
determining bail the court shall consider: (i) Recommendations of the 40
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evaluator regarding the defendant's competency, sanity, or diminished 1
capacity; (ii) whether the defendant has a recent history of one or 2
more violent acts; (iii) whether the defendant has previously been 3
acquitted by reason of insanity or found incompetent; (iv) whether it 4
is reasonably likely the defendant will fail to appear for a future 5
court hearing; and (v) whether the defendant is a threat to public 6
safety. 7
(h) If the defendant ordered to be evaluated under this 8
subsection (1) is charged with a serious traffic offense under RCW 9
9.94A.030, or a felony version of a serious traffic offense, the 10
prosecutor may make a motion to modify the defendant's conditions of 11
release to include a condition prohibiting the defendant from driving 12
during the pendency of the competency evaluation period.13
(2) The court may direct that a qualified expert or professional 14
person retained by or appointed for the defendant be permitted to 15
witness the evaluation authorized by subsection (1) of this section, 16
and that the defendant shall have access to all information obtained 17
by the court appointed experts or professional persons. The 18
defendant's expert or professional person shall have the right to 19
file his or her own report following the guidelines of subsection (3) 20
of this section. If the defendant is indigent, the court shall upon 21
the request of the defendant assist him or her in obtaining an expert 22
or professional person. 23
(3) The report of the evaluation shall include the following:24
(a) A description of the nature of the evaluation;25
(b) A diagnosis or description of the current mental status of 26
the defendant; 27
(c) If the defendant has a mental disease or defect, or has a 28
developmental disability, an opinion as to competency;29
(d) If the defendant has indicated his or her intention to rely 30
on the defense of insanity pursuant to RCW 10.77.505, and an 31
evaluation and report by an expert or professional person has been 32
provided concluding that the defendant was criminally insane at the 33
time of the alleged offense, an opinion as to the defendant's sanity 34
at the time of the act, and an opinion as to whether the defendant 35
presents a substantial danger to other persons, or presents a 36
substantial likelihood of committing criminal acts jeopardizing 37
public safety or security, unless kept under further control by the 38
court or other persons or institutions, provided that no opinion 39
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shall be rendered under this subsection (3)(d) unless the evaluator 1
or court determines that the defendant is competent to stand trial;2
(e) When directed by the court, if an evaluation and report by an 3
expert or professional person has been provided concluding that the 4
defendant lacked the capacity at the time of the offense to form the 5
mental state necessary to commit the charged offense, an opinion as 6
to the capacity of the defendant to have a particular state of mind 7
which is an element of the offense charged; 8
(f) An opinion as to whether the defendant should be evaluated by 9
a designated crisis responder under chapter 71.05 RCW.10
(4) The secretary may execute such agreements as appropriate and 11
necessary to implement this section and may choose to designate more 12
than one evaluator. 13
(5) In the event that a person remains in jail more than 21 days 14
after service on the department of a court order to transport the 15
person to a facility designated by the department for inpatient 16
competency restoration treatment, upon the request of any party and 17
with notice to all parties, the department shall perform a competency 18
to stand trial status check to determine if the circumstances of the 19
person have changed such that the court should authorize an updated 20
competency evaluation. The status update shall be provided to the 21
parties and the court. Status updates may be provided at reasonable 22
intervals. 23
(6) If a finding of the competency evaluation under this section 24
or under RCW 10.77.635 is that the individual is not competent due to 25
an intellectual or developmental disability, dementia, or traumatic 26
brain injury, the evaluator shall notify the department, which shall 27
refer the individual to the ((developmental disabilities 28
administration or the aging and long-term support )) home and 29
community living administration of the department , or its successor 30
organization, for review of eligibility for services. The department 31
shall inform the forensic navigator about availability of services.32
(7) If the expert or professional person appointed to perform a 33
competency evaluation in the community is not able to complete the 34
evaluation after two attempts at scheduling with the defendant, the 35
department shall submit a report to the court and parties and include 36
a date and time for another evaluation which must be at least four 37
weeks later. The court shall provide notice to the defendant of the 38
date and time of the evaluation. If the defendant fails to appear at 39
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that appointment, the court shall recall the order for competency 1
evaluation and may issue a warrant for the failure to appear.2
Sec. 4. RCW 10.77.675 and 2023 c 453 s 13 are each amended to 3
read as follows: 4
(1) Following a competency evaluation under RCW 10.77.400, 5
individuals who are found not competent to stand trial and not 6
restorable due to an intellectual or developmental disability, 7
dementia, or traumatic brain injury, shall not be referred for 8
competency restoration services. 9
(2) The department shall develop a process for connecting 10
individuals who have been found not competent to stand trial due to 11
an intellectual or developmental disability, dementia, or traumatic 12
brain injury to available wraparound services and supports in 13
community-based settings, which may include residential supports. The 14
process shall include provisions for individuals who are current 15
clients of the department's ((developmental disabilities 16
administration or aging and long-term support )) home and community 17
living administration, or its successor organization, and for 18
individuals who are not current clients of the department.19
(a) For current clients of the ((developmental disabilities 20
administration and aging and long-term support )) home and community 21
living administration, or its successor organization, the 22
department's assigned case manager shall: 23
(i) Coordinate with the individual's services providers to 24
determine if the individual can return to the same or like services, 25
or determine appropriate new community-based services. This shall 26
include updating the individual's service plan and identifying and 27
coordinating potential funding for any additional supports to 28
stabilize the individual in community-based settings funded by the 29
((developmental disabilities administration or aging and long-term 30
support administration )) department so that the individual does not 31
lose existing services, including submitting any exceptions to rule 32
for additional services; 33
(ii) Conduct a current service eligibility assessment and send 34
referral packets to all community-based service providers for 35
services for which the individual is eligible; and36
(iii) Connect with the individual's assigned forensic navigator 37
and determine if the individual is eligible for any diversion, 38
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supportive housing, or case management programs as a Trueblood class 1
member, and assist the individual to access these services.2
(b) For individuals who have not established eligibility for the 3
department's support services, the department shall:4
(i) Conduct an eligibility determination for services and send 5
referral packets to service providers for all relevant community-6
based services for which the individual is eligible. This process 7
must include identifying and coordinating funding for any additional 8
supports that are needed to stabilize the individual in any 9
community-based setting funded by the ((developmental disabilities 10
administration or aging and long-term support )) home and community 11
living administration, or its successor organization, including 12
submitting any necessary exceptions to rule for additional services; 13
and 14
(ii) Connect with the individual's assigned forensic navigator 15
and determine if the individual is eligible for any diversion, 16
supportive housing, or case management programs as a Trueblood class 17
member, if additional specialized services are available to 18
supplement diversion program services, and assist the individual to 19
access these services. 20
(3) The department shall offer to transition the individual in 21
services either directly from the jail or as soon thereafter as may 22
be practicable, without maintaining the individual at an inpatient 23
facility for longer than is clinically necessary. Nothing in this 24
subsection prohibits the department from returning the individual to 25
their home or to another less restrictive setting if such setting is 26
appropriate, which may include provision of supportive services to 27
help the person maintain stability. The individual is not required to 28
accept ((developmental disabilities administration, aging and long-29
term support administration, or other )) any diversionary services as 30
a condition of having the individual's criminal case dismissed 31
without prejudice, provided the individual meets the criteria of 32
subsection (1) of this section. 33
(4) Subject to the availability of funds appropriated for this 34
specific purpose, the department shall develop a program for 35
individuals who have been involved with the criminal justice system 36
and who have been found under RCW 10.77.635 as incompetent to stand 37
trial due to an intellectual or developmental disability, traumatic 38
brain injury, or dementia and who do not meet criteria under other 39
programs in this section. The program must involve wraparound 40
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services and housing supports appropriate to the needs of the 1
individual. It is sufficient to meet the criteria for participation 2
in this program if the individual has recently been the subject of 3
criminal charges and was found incompetent to stand trial due to an 4
intellectual or developmental disability, traumatic brain injury, or 5
dementia. 6
Sec. 5. RCW 13.34.136 and 2021 c 208 s 2 are each amended to 7
read as follows: 8
(1) Whenever a child is ordered to be removed from the home, a 9
permanency plan shall be developed no later than 60 days from the 10
time the department assumes responsibility for providing services, 11
including placing the child, or at the time of a hearing under RCW 12
13.34.130, whichever occurs first. The permanency planning process 13
continues until a permanency planning goal is achieved or dependency 14
is dismissed. The planning process shall include reasonable efforts 15
to return the child to the parent's home. 16
(2) The department shall submit a written permanency plan to all 17
parties and the court not less than 14 days prior to the scheduled 18
hearing. Responsive reports of parties not in agreement with the 19
department's proposed permanency plan must be provided to the 20
department, all other parties, and the court at least seven days 21
prior to the hearing. 22
The permanency plan shall include: 23
(a) A permanency plan of care that shall identify one of the 24
following outcomes as a primary goal and may identify additional 25
outcomes as alternative goals: Return of the child to the home of the 26
child's parent, guardian, or legal custodian; adoption, including a 27
tribal customary adoption as defined in RCW 13.38.040; guardianship 28
pursuant to chapter 13.36 RCW; guardianship of a minor pursuant to 29
RCW 11.130.215; long-term relative or foster care, if the child is 30
between ages 16 and 18, with a written agreement between the parties 31
and the care provider; successful completion of a responsible living 32
skills program; or independent living, if appropriate and if the 33
child is age 16 or older. Although a permanency plan of care may only 34
identify long-term relative or foster care for children between ages 35
16 and 18, children under 16 may remain placed with relatives or in 36
foster care. The department shall not discharge a child to an 37
independent living situation before the child is 18 years of age 38
unless the child becomes emancipated pursuant to chapter 13.64 RCW;39
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(b) Unless the court has ordered, pursuant to RCW 13.34.130(8), 1
that a termination petition be filed, a specific plan as to where the 2
child will be placed, what steps will be taken to return the child 3
home, what steps the department will take to promote existing 4
appropriate sibling relationships and/or facilitate placement 5
together or contact in accordance with the best interests of each 6
child, and what actions the department will take to maintain parent-7
child ties. All aspects of the plan shall include the goal of 8
achieving permanence for the child. 9
(i) The department's plan shall specify what services the parents 10
will be offered to enable them to resume custody, what requirements 11
the parents must meet to resume custody, and a time limit for each 12
service plan and parental requirement. 13
(A) If the parent is incarcerated, the plan must address how the 14
parent will participate in the case conference and permanency 15
planning meetings and, where possible, must include treatment that 16
reflects the resources available at the facility where the parent is 17
confined. The plan must provide for visitation opportunities, unless 18
visitation is not in the best interests of the child.19
(B) If a parent has a developmental disability according to the 20
definition provided in RCW 71A.10.020, and that individual is 21
eligible for developmental disability services provided by the 22
department of social and health services ((developmental disabilities 23
administration)), the department shall make reasonable efforts to 24
consult with the department of social and health services 25
((developmental disabilities administration )) to create an 26
appropriate plan for services. For individuals who meet the 27
definition of developmental disability provided in RCW 71A.10.020 and 28
who are eligible for services through the ((developmental 29
disabilities administration )) department of social and health 30
services, the plan for services must be tailored to correct the 31
parental deficiency taking into consideration the parent's disability 32
and the department shall also determine an appropriate method to 33
offer those services based on the parent's disability.34
(ii)(A) Visitation is the right of the family, including the 35
child and the parent, in cases in which visitation is in the best 36
interest of the child. Early, consistent, and frequent visitation is 37
crucial for maintaining parent-child relationships and making it 38
possible for parents and children to safely reunify. The department 39
shall encourage the maximum parent and child and sibling contact 40
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possible, when it is in the best interest of the child, including 1
regular visitation and participation by the parents in the care of 2
the child while the child is in placement. 3
(B) Visitation shall not be limited as a sanction for a parent's 4
failure to comply with court orders or services where the health, 5
safety, or welfare of the child is not at risk as a result of the 6
visitation. 7
(C) Visitation may be limited or denied only if the court 8
determines that such limitation or denial is necessary to protect the 9
child's health, safety, or welfare. Visitation must occur in the 10
least restrictive setting and be unsupervised unless the presence of 11
threats or danger to the child requires the constant presence of an 12
adult to ensure the safety of the child. When a parent or sibling has 13
been identified as a suspect in an active criminal investigation for 14
a violent crime that, if the allegations are true, would impact the 15
safety of the child, the department shall make a concerted effort to 16
consult with the assigned law enforcement officer in the criminal 17
case before recommending any changes in parent/child or child/sibling 18
contact. In the event that the law enforcement officer has 19
information pertaining to the criminal case that may have serious 20
implications for child safety or well-being, the law enforcement 21
officer shall provide this information to the department during the 22
consultation. The department may only use the information provided by 23
law enforcement during the consultation to inform family visitation 24
plans and may not share or otherwise distribute the information to 25
any person or entity. Any information provided to the department by 26
law enforcement during the consultation is considered investigative 27
information and is exempt from public inspection pursuant to RCW 28
42.56.240. The results of the consultation shall be communicated to 29
the court. 30
(D) The court and the department should rely upon community 31
resources, relatives, foster parents, and other appropriate persons 32
to provide transportation and supervision for visitation to the 33
extent that such resources are available, and appropriate, and the 34
child's safety would not be compromised. 35
(E) If the court previously ordered that visitation between a 36
parent and child be supervised or monitored, there shall be a 37
presumption that such supervision or monitoring will no longer be 38
necessary when the permanency plan is entered. To overcome this 39
presumption, a party must provide a report to the court including 40
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evidence establishing that removing visit supervision or monitoring 1
would create a risk to the child's safety, and the court shall make a 2
determination as to whether visit supervision or monitoring must 3
continue. 4
(F) The court shall advise the petitioner that the failure to 5
provide court-ordered visitation may result in a finding that the 6
petitioner failed to make reasonable efforts to finalize the 7
permanency plan. The lack of sufficient contracted visitation 8
providers will not excuse the failure to provide court-ordered 9
visitation. 10
(iii)(A) The department, court, or caregiver in the out-of-home 11
placement may not limit visitation or contact between a child and 12
sibling as a sanction for a child's behavior or as an incentive to 13
the child to change his or her behavior. 14
(B) Any exceptions, limitation, or denial of contacts or 15
visitation must be approved by the supervisor of the department 16
caseworker and documented. The child, parent, department, guardian ad 17
litem, or court-appointed special advocate may challenge the denial 18
of visits in court. 19
(iv) A child shall be placed as close to the child's home as 20
possible, preferably in the child's own neighborhood, unless the 21
court finds that placement at a greater distance is necessary to 22
promote the child's or parents' well-being. 23
(v) The plan shall state whether both in-state and, where 24
appropriate, out-of-state placement options have been considered by 25
the department. 26
(vi) Unless it is not in the best interests of the child, 27
whenever practical, the plan should ensure the child remains enrolled 28
in the school the child was attending at the time the child entered 29
foster care. 30
(vii) The department shall provide all reasonable services that 31
are available within the department, or within the community, or 32
those services which the department has existing contracts to 33
purchase. It shall report to the court if it is unable to provide 34
such services; and 35
(c) If the court has ordered, pursuant to RCW 13.34.130(9), that 36
a termination petition be filed, a specific plan as to where the 37
child will be placed, what steps will be taken to achieve permanency 38
for the child, services to be offered or provided to the child, and, 39
if visitation would be in the best interests of the child, a 40
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recommendation to the court regarding visitation between parent and 1
child pending a fact-finding hearing on the termination petition. The 2
department shall not be required to develop a plan of services for 3
the parents or provide services to the parents if the court orders a 4
termination petition be filed. However, reasonable efforts to ensure 5
visitation and contact between siblings shall be made unless there is 6
reasonable cause to believe the best interests of the child or 7
siblings would be jeopardized. 8
(3) Permanency planning goals should be achieved at the earliest 9
possible date. If the child has been in out-of-home care for 15 of 10
the most recent 22 months, and the court has not made a good cause 11
exception, the court shall require the department to file a petition 12
seeking termination of parental rights in accordance with RCW 13
13.34.145(4)(b)(vi). In cases where parental rights have been 14
terminated, the child is legally free for adoption, and adoption has 15
been identified as the primary permanency planning goal, it shall be 16
a goal to complete the adoption within six months following entry of 17
the termination order. 18
(4) If the court determines that the continuation of reasonable 19
efforts to prevent or eliminate the need to remove the child from his 20
or her home or to safely return the child home should not be part of 21
the permanency plan of care for the child, reasonable efforts shall 22
be made to place the child in a timely manner and to complete 23
whatever steps are necessary to finalize the permanent placement of 24
the child. 25
(5) The identified outcomes and goals of the permanency plan may 26
change over time based upon the circumstances of the particular case.27
(6) The court shall consider the child's relationships with the 28
child's siblings in accordance with RCW 13.34.130(7). Whenever the 29
permanency plan for a child is adoption, the court shall encourage 30
the prospective adoptive parents, birth parents, foster parents, 31
kinship caregivers, and the department or other agency to seriously 32
consider the long-term benefits to the child adoptee and his or her 33
siblings of providing for and facilitating continuing postadoption 34
contact between the siblings. To the extent that it is feasible, and 35
when it is in the best interests of the child adoptee and his or her 36
siblings, contact between the siblings should be frequent and of a 37
similar nature as that which existed prior to the adoption. If the 38
child adoptee or his or her siblings are represented by an attorney 39
or guardian ad litem in a proceeding under this chapter or in any 40
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other child custody proceeding, the court shall inquire of each 1
attorney and guardian ad litem regarding the potential benefits of 2
continuing contact between the siblings and the potential detriments 3
of severing contact. This section does not require the department or 4
other agency to agree to any specific provisions in an open adoption 5
agreement and does not create a new obligation for the department to 6
provide supervision or transportation for visits between siblings 7
separated by adoption from foster care. 8
(7) For purposes related to permanency planning, "guardianship" 9
means a guardianship pursuant to chapter 13.36 RCW or a guardianship 10
of a minor pursuant to RCW 11.130.215, or equivalent laws of another 11
state or a federally recognized Indian tribe. 12
Sec. 6. RCW 43.06.535 and 2025 c 161 s 1 are each amended to 13
read as follows: 14
(1) The governor must maintain a children and youth multisystem 15
care project director to serve as a state lead on addressing complex 16
cases of children in crisis. The children and youth multisystem care 17
project director must: 18
(a) Direct: 19
(i) The appropriate use of state and other resources to a child 20
in crisis, and that child's family, if appropriate; and21
(ii) Appropriate and timely action by state agencies to serve 22
children in crisis; 23
(b) Have access to flexible funds to support: 24
(i) The safe discharge of children in crisis from hospitals; and25
(ii) Long-term, appropriate placement for children in crisis who 26
are dependent under chapter 13.34 RCW; and 27
(c) Coordinate with: 28
(i) The rapid response team established under RCW 43.216.205 to 29
make sure that resources are effectively identified and mobilized for 30
people who meet the definition of child in crisis and a youth or 31
young adult exiting a publicly funded system of care; and32
(ii) Youth behavioral health and inpatient navigator teams to 33
efficiently and effectively mobilize services for a child in crisis.34
(2) The children and youth multisystem care project director 35
created under this section, in coordination with the department of 36
children, youth, and families, the health care authority, the office 37
of financial management, and the department of social and health 38
services, shall develop and implement a rapid care team for the 39
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purpose of supporting and identifying appropriate services and living 1
arrangements for a child in crisis, and that child's family, if 2
appropriate. 3
(3) In creating the rapid care team required under this section, 4
the children and youth multisystem care project director created 5
under this section shall develop and implement a system for:6
(a) Identifying children in crisis who should be served by the 7
rapid care team; 8
(b) Initiating the rapid care team in a timely manner that 9
reduces the time a child in crisis spends in a hospital without a 10
medical need; 11
(c) Locating services and connecting youth and families with the 12
appropriate services to allow the child in crisis to safely discharge 13
from a hospital; 14
(d) Screening referrals for a child in crisis; and15
(e) Determining when it would be appropriate for the department 16
of children, youth, and families to provide services to a child in 17
crisis as ((the)): 18
(i) ((Youth)) A youth who meets the definition of a "child who is 19
a candidate for foster care" under RCW 74.13.020; 20
(ii) ((Youth)) A youth who meets the definition of "dependent 21
child" under RCW 13.34.030(6)(a) based on the child being abandoned; 22
or 23
(iii) ((Family)) The family should be offered a voluntary 24
placement agreement. 25
(4) The rapid care team under this section may provide assistance 26
and support to a child in crisis, or the family of a child in crisis.27
(5) The following individuals may refer a child in crisis to the 28
rapid care team: 29
(a) A child in crisis themselves; 30
(b) A family member of the child in crisis; 31
(c) An advocate for the child in crisis; 32
(d) An educator; 33
(e) A law enforcement officer; 34
(f) An employee of the department of children, youth, and 35
families; 36
(g) An employee of the department of social and health services;37
(h) An employee of the health care authority; 38
(i) A service provider contracting with the department of 39
children, youth, and families; 40
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(j) A service provider contracting with the department of social 1
and health services; 2
(k) A behavioral health service provider; 3
(l) A representative of a managed care organization;4
(m) A representative from a youth behavioral health or inpatient 5
navigator team; 6
(n) A person providing health care services to the child in 7
crisis; or 8
(o) A hospital employee. 9
(6) The governor shall provide an annual report to the 10
legislature including data and recommendations related to the rapid 11
care team created in this section. The report required under this 12
subsection must be submitted in compliance with RCW 43.01.036. The 13
report required under this subsection must include the following:14
(a) The number of children in crisis referred to the rapid care 15
team and the types of people making referrals to the rapid care team;16
(b) The demographic data of the children in crisis served by the 17
rapid care team; 18
(c) The types of services and living arrangements identified by 19
the rapid care team; 20
(d) The availability of the services and living arrangements 21
identified as needed for the children in crisis served by the rapid 22
care team; 23
(e) Any barriers that are preventing children in crisis from 24
safely exiting the hospital setting when there is not a medical need 25
for that hospital stay; 26
(f) Any barriers that are preventing children in crisis who are 27
dependent under chapter 13.34 RCW from maintaining an appropriate and 28
stable placement; 29
(g) Recommendations for earlier intervention to prevent children 30
from becoming children in crisis; 31
(h) Discussion regarding the implementation of youth behavioral 32
health and inpatient navigator programs and their role in serving 33
children in crisis; and 34
(i) Recommendations for systemic changes that could replace the 35
rapid care team in addressing complex cases involving a child in 36
crisis. 37
(7) The following definitions apply to this section:38
(a) "Child in crisis" means a person under age 18 who is:39
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(i) At risk of remaining in a hospital without medical necessity, 1
without the ability to return to the care of a parent, and not 2
dependent under chapter 13.34 RCW; 3
(ii) Staying in a hospital without medical necessity and who is 4
unable to return to the care of a parent but is not dependent under 5
chapter 13.34 RCW; or 6
(iii) Dependent under chapter 13.34 RCW, experiencing placement 7
instability, and referred to the rapid care team by the department of 8
children, youth, and families. 9
(b) "Rapid care team" means a team, whose work is managed and 10
directed by the children and youth multisystem care project director 11
created under this section, working to quickly identify the 12
appropriate services and living arrangements for a child in crisis. A 13
rapid care team must include: 14
(i) One designee from the health care authority;15
(ii) ((One designee)) Two designees from the department of social 16
and health services , including one from the component of the 17
department that provides services to eligible persons with 18
intellectual and developmental disabilities under Title 71A RCW;19
(iii) One designee from the office of financial management;20
(iv) ((One designee from the developmental disabilities 21
administration of the department of social and health services;22
(v))) One designee from the department of children, youth, and 23
families; and 24
(((vi))) (v) Any other entities, including governmental entities 25
and managed care organizations, or individuals, including clinicians 26
and other service providers, that the children and youth multisystem 27
care project director deems appropriate to support a child in crisis.28
(8) This section expires June 30, 2027. 29
Sec. 7. RCW 43.20A.885 and 2022 c 120 s 2 are each amended to 30
read as follows: 31
(1) The dementia action collaborative is established with members 32
as provided in this subsection. 33
(a) The governor shall appoint the following members, and may 34
appoint additional members at the governor's discretion:35
(i) A representative of the governor's office;36
(ii) A representative and an alternate from the ((department in 37
the aging and long-term support administration )) component of the 38
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department that provides services to eligible persons under chapter 1
74.39A RCW; 2
(iii) A representative and an alternate from the ((department in 3
the developmental disabilities administration )) component of the 4
department that provides services to eligible persons with 5
intellectual and developmental disabilities under Title 71A RCW;6
(iv) A representative and an alternate from the department of 7
health; 8
(v) A representative and an alternate from the health care 9
authority; 10
(vi) A representative and an alternate from the office of the 11
state long-term care ombuds; 12
(vii) At least one person with Alzheimer's disease or another 13
dementia; 14
(viii) A caregiver of a person with Alzheimer's disease or 15
another dementia; 16
(ix) A representative of the University of Washington's memory 17
and brain wellness center; 18
(x) A representative of an organization representing area 19
agencies on aging; 20
(xi) A representative of an association representing long-term 21
care facilities in Washington; 22
(xii) A representative of an association representing physicians 23
in Washington; 24
(xiii) A representative of a Washington-based organization of 25
volunteers, family, and friends of those affected by Alzheimer's 26
disease and other dementias; 27
(xiv) A representative of an Alzheimer's advocacy organization;28
(xv) An attorney who specializes in elder law;29
(xvi) An Alzheimer's disease researcher; 30
(xvii) A representative of an organization representing emergency 31
medical service providers in Washington; 32
(xviii) An expert in workforce development; 33
(xix) A representative of the Washington state council on aging;34
(xx) A representative of the governor's office of Indian affairs;35
(xxi) A licensed behavioral health provider with clinical 36
expertise in Alzheimer's disease or other dementias;37
(xxii) A representative of a health care organization that 38
primarily serves people of color, including seniors; and39
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(xxiii) A nurse with expertise in serving individuals with 1
Alzheimer's disease or other dementias. 2
(b) In appointing members to the dementia action collaborative, 3
the governor shall give priority to persons who had previously served 4
on the Alzheimer's disease working group established pursuant to 5
chapter 89 (Senate Bill No. 6124), Laws of 2014, and its successor 6
work groups. 7
(2)(a) The secretary or the secretary's designee shall convene 8
the dementia action collaborative and submit all required reports. 9
The secretary or the secretary's designee shall serve as the cochair 10
with either the member representing an Alzheimer's disease advocacy 11
organization or the member representing the Washington-based 12
organization of volunteers, family, and friends of those affected by 13
Alzheimer's disease and other dementias. 14
(b) The department shall provide any necessary administrative 15
support to the dementia action collaborative. 16
(c) Meetings of the dementia action collaborative must be open to 17
the public. At least one meeting each year must accept comments on 18
the dementia action collaborative's proposed recommendations from 19
members of the public, including comments from persons and families 20
affected by Alzheimer's disease or other dementias. The department 21
must use technological means, such as web casts, to assure public 22
participation. 23
(3)(a) The dementia action collaborative must assess the current 24
and future impacts of Alzheimer's disease and other dementias on 25
Washington residents, including: 26
(i) Examining progress in implementing the Washington state 27
Alzheimer's plan adopted in 2016; 28
(ii) Assessing available services and resources for serving 29
persons with Alzheimer's disease and other dementias, as well as 30
their families and caregivers; 31
(iii) Examining and developing strategies to rectify disparate 32
effects of Alzheimer's disease and other dementias on people of 33
color; and 34
(iv) Developing a strategy to mobilize a state response to this 35
public health crisis. 36
(b) In addition to the activities in (a) of this subsection, the 37
dementia action collaborative must review and revise the Washington 38
state Alzheimer's plan adopted in 2016, and any subsequent revisions 39
to that plan. Revisions to the plan must evaluate and address:40
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(i) Population trends related to Alzheimer's disease and other 1
dementias, including: 2
(A) Demographic information related to Washington residents 3
living with Alzheimer's disease or other dementias, including average 4
age, average age at first diagnosis, gender, race, and comorbidities; 5
and 6
(B) Disparities in the prevalence of Alzheimer's disease and 7
other dementias between different racial and ethnic populations;8
(ii) Existing services, resources, and health care system 9
capacity, including: 10
(A) The types, cost, and availability of dementia services, 11
medicaid reimbursement rates for dementia services, and the effect of 12
medicaid reimbursement rates on the availability of dementia 13
services; 14
(B) Dementia-specific training requirements for long-term 15
services and supports staff; 16
(C) The needs of public safety and law enforcement to respond to 17
persons with Alzheimer's disease or other dementias;18
(D) The availability of home and community-based resources, 19
including respite care and other services to assist families, for 20
persons with Alzheimer's disease or other dementias;21
(E) Availability of long-term dementia care beds, regardless of 22
payer; 23
(F) State funding and Alzheimer's disease research through 24
Washington universities and other resources; and 25
(G) Advances in knowledge regarding brain health, dementia, and 26
risk reduction related to Alzheimer's disease and other dementias 27
since the adoption of the Washington state Alzheimer's plan 28
established in 2016. 29
(4) The department must submit a report of the dementia action 30
collaborative's findings and recommendations to the governor and the 31
legislature in the form of an updated Washington state Alzheimer's 32
plan no later than October 1, 2023. The department must submit annual 33
updates and recommendations of the dementia action collaborative for 34
legislative and executive branch agency action to the governor and 35
the legislature each October 1st, beginning October 1, 2024.36
(((5) This section expires June 30, 2028.))37
Sec. 8. RCW 43.41.275 and 2023 c 148 s 4 are each amended to 38
read as follows: 39
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(1) By January 31st of each year, state agencies employing one 1
hundred or more people must submit the report described in subsection 2
(2) of this section to the human resources director, with copies to 3
the director of the department of social and health services' 4
division of vocational rehabilitation and the governor's disability 5
employment task force. 6
(2) The report must include the following information:7
(a) The number of employees from the previous fiscal year;8
(b) The number of employees classified as individuals with 9
disabilities; 10
(c) The number of employees that separated from the state agency 11
the previous year; 12
(d) The number of employees that were hired by the state agency 13
the previous year; 14
(e) The number of employees hired from the division of vocational 15
rehabilitation services and from the department of the services for 16
the blind the previous year; 17
(f) The number of planned hires for the current year; and18
(g) Opportunities for internships for the department of social 19
and health services' division of vocational rehabilitation and 20
((developmental disabilities )) home and community living 21
administration, or their successor organizations, and the department 22
of the services for the blind client placement, leading to an entry-23
level position placement upon successful completion for the current 24
year. 25
Sec. 9. RCW 43.88C.010 and 2023 c 420 s 4, 2023 c 345 s 1, and 26
2023 c 244 s 1 are each reenacted and amended to read as follows:27
(1) The caseload forecast council is hereby created. The council 28
shall consist of two individuals appointed by the governor and four 29
individuals, one of whom is appointed by the chairperson of each of 30
the two largest political caucuses in the senate and house of 31
representatives. The chair of the council shall be selected from 32
among the four caucus appointees. The council may select such other 33
officers as the members deem necessary. 34
(2) The council shall employ a caseload forecast supervisor to 35
supervise the preparation of all caseload forecasts. As used in this 36
chapter, "supervisor" means the caseload forecast supervisor.37
(3) Approval by an affirmative vote of at least five members of 38
the council is required for any decisions regarding employment of the 39
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supervisor. Employment of the supervisor shall terminate after each 1
term of three years. At the end of the first year of each three-year 2
term the council shall consider extension of the supervisor's term by 3
one year. The council may fix the compensation of the supervisor. The 4
supervisor shall employ staff sufficient to accomplish the purposes 5
of this section. 6
(4) The caseload forecast council shall oversee the preparation 7
of and approve, by an affirmative vote of at least four members, the 8
official state caseload forecasts prepared under RCW 43.88C.020. If 9
the council is unable to approve a forecast before a date required in 10
RCW 43.88C.020, the supervisor shall submit the forecast without 11
approval and the forecast shall have the same effect as if approved 12
by the council. 13
(5) A councilmember who does not cast an affirmative vote for 14
approval of the official caseload forecast may request, and the 15
supervisor shall provide, an alternative forecast based on 16
assumptions specified by the member. 17
(6) Members of the caseload forecast council shall serve without 18
additional compensation but shall be reimbursed for travel expenses 19
in accordance with RCW 44.04.120 while attending sessions of the 20
council or on official business authorized by the council. 21
Nonlegislative members of the council shall be reimbursed for travel 22
expenses in accordance with RCW 43.03.050 and 43.03.060.23
(7) "Caseload," as used in this chapter, means:24
(a) The number of persons expected to meet entitlement 25
requirements and require the services of public assistance programs, 26
state correctional institutions, state correctional noninstitutional 27
supervision, state institutions for juvenile offenders, the common 28
school system, long-term care, medical assistance, foster care, and 29
adoption support; 30
(b) The number of students who are eligible for the Washington 31
college bound scholarship program and are expected to attend an 32
institution of higher education as defined in RCW 28B.92.030;33
(c) The number of students who are eligible for the Washington 34
college grant program under RCW 28B.92.200 and 28B.92.205 and are 35
expected to attend an institution of higher education as defined in 36
RCW 28B.92.030; 37
(d) The number of children who are eligible, as defined in RCW 38
43.216.505, to participate in, and the number of children actually 39
served by, the early childhood education and assistance program; and40
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(e) Beginning with the first official forecast after July 23, 1
2023, the number of people eligible for the working families' tax 2
credit under RCW 82.08.0206. The total number of people eligible for 3
the working families' tax credit should include: 4
(i) The number of eligible people with no qualifying children;5
(ii) The number of eligible people with one qualifying child;6
(iii) The number of eligible people with two qualifying children; 7
and 8
(iv) The number of eligible people with three or more qualifying 9
children. 10
(8) The caseload forecast council shall forecast the temporary 11
assistance for needy families and the working connections child care 12
programs as a courtesy. 13
(9) By January 1, 2023, the caseload forecast council shall 14
present the number of individuals who are assessed as eligible for 15
and have requested a service through the individual and family 16
services waiver and the basic plus waiver administered by the 17
((developmental disabilities administration )) department of social 18
and health services as a courtesy. The caseload forecast council 19
shall be presented with the service request list as defined in RCW 20
71A.10.020 to aid in development of this information.21
(10) Beginning with the official forecast submitted in November 22
2022 and subject to the availability of amounts appropriated for this 23
specific purpose, the caseload forecast council shall forecast the 24
number of individuals who are assessed as eligible for and have 25
requested supported living services, a service through the core 26
waiver, an individual and family services waiver, and the basic plus 27
waiver administered by the ((developmental disabilities 28
administration)) department of social and health services as a 29
courtesy. The caseload forecast council shall be presented with the 30
service request list as defined in RCW 71A.10.020 to aid in 31
development of this information. 32
(11) As a courtesy, beginning with the official forecast 33
submitted in November 2022, the caseload forecast council shall 34
forecast the number of individuals who are expected to reside in 35
state-operated living alternatives administered by the 36
((developmental disabilities administration )) department of social 37
and health services. 38
(12) The caseload forecast council shall forecast youth 39
participating in the extended foster care program pursuant to RCW 40
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74.13.031 separately from other children who are residing in foster 1
care and who are under eighteen years of age. 2
(13) The caseload forecast council shall forecast the number of 3
youth expected to receive behavioral rehabilitation services while 4
involved in the foster care system and the number of screened in 5
reports of child abuse or neglect. 6
(14) The caseload forecast council shall forecast the number of 7
individuals who are functionally and financially eligible for 8
medicaid waiver services ((administered by the developmental 9
disabilities administration )) for individuals with developmental 10
disabilities as defined in RCW 71A.10.020 administered by the 11
department of social and health services who also meet the criteria 12
outlined in RCW 71A.12.370 and are expected to utilize a medicaid 13
waiver service. 14
(15) The caseload forecast council shall forecast eligible 15
children participating in the transition to kindergarten program 16
under RCW 28A.300.072. 17
(16) Unless the context clearly requires otherwise, the 18
definitions provided in RCW 43.88.020 apply to this chapter.19
(17) During the 2021-2023 fiscal biennium, and beginning with the 20
November 2021 forecast, the caseload forecast council shall produce 21
an unofficial forecast of the long-term caseload for juvenile 22
rehabilitation as a courtesy. 23
Sec. 10. RCW 43.330.425 and 2022 c 266 s 2 are each amended to 24
read as follows: 25
(1) An advisory committee on permanent supportive housing is 26
established with members as provided in this section.27
(a) ((One representative of the aging and long-term support 28
administration at the )) Two representatives of the department of 29
social and health services at least one of which shall be from the 30
component of the department that administers services to eligible 31
persons with intellectual or developmental disabilities under Title 32
71A RCW; 33
(b) One representative of the health care authority;34
(c) ((One representative of the developmental disabilities 35
administration;36
(d))) One representative from a city that invests resources in 37
permanent supportive housing; 38
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(((e))) (d) One representative from a city with the largest 1
number of chronically homeless households; 2
(((f))) (e) One representative from a county that invests 3
resources in permanent supportive housing; 4
(((g))) (f) One representative from a county with the largest 5
number of chronically homeless households; 6
(((h))) (g) One representative of public housing authorities as 7
created under chapter 35.82 RCW; 8
(((i))) (h) One permanent supportive housing service provider;9
(((j))) (i) One permanent supportive housing developer;10
(((k))) (j) One permanent supportive housing building operator;11
(((l))) (k) One permanent supportive housing resident;12
(((m))) (l) One permanent supportive housing researcher;13
(((n))) (m) One permanent supportive housing advocate;14
(((o))) (n) One representative from the behavioral health sector;15
(((p))) (o) One representative of the health care sector; and16
(((q))) (p) One representative of each of the following permanent 17
supportive housing populations: 18
(i) Single adults; 19
(ii) Older adults over age 55; 20
(iii) Families with children; 21
(iv) The American Indian and Alaska Native community;22
(v) Communities of color; 23
(vi) The LGBTQIA+ community; 24
(vii) The intellectual and developmental disability community;25
(viii) The mental health disability community;26
(ix) The substance use disorder community; and27
(x) The physical disability community. 28
(2)(a) The members of the advisory committee shall be appointed 29
by the director. Members must reflect the geographic, racial, and 30
ethnic diversity of the state of Washington and be inclusive of 31
historically marginalized communities. 32
(b) The members of the advisory committee must be reimbursed for 33
travel expenses as provided in RCW 43.03.050 and 43.03.060.34
(3) The advisory committee shall: 35
(a) Select a chair from among its membership; 36
(b) Meet quarterly; 37
(c) Provide guidance and recommendations on the administration of 38
permanent supportive housing resources managed by the department, 39
including recommendations to ensure alignment of capital, services, 40
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and operating investments and fidelity with the provision of 1
permanent supportive housing as defined in RCW 36.70A.030; and2
(d) Until December 31, 2027, report its recommendations to 3
enhance the coordination and availability of permanent supportive 4
housing to the appropriate committees of the legislature and the 5
governor by December 1st of each year. 6
(4) The director and the director of the office of supportive 7
housing shall regularly consult with the advisory committee. The 8
department shall convene the advisory committee for its initial 9
meeting no later than November 1, 2022. The advisory committee shall 10
be staffed by the department. 11
Sec. 11. RCW 43.382.005 and 2016 c 172 s 5 are each amended to 12
read as follows: 13
(1) There is created an office of the developmental disabilities 14
ombuds. The department of commerce shall contract with a private, 15
independent nonprofit organization to provide developmental 16
disability ombuds services. The department of commerce shall 17
designate, by a competitive bidding process, the nonprofit 18
organization that will contract to operate the ombuds. The selection 19
process must include consultation of stakeholders in the development 20
of the request for proposals and evaluation of bids. The selected 21
organization must have experience and the capacity to effectively 22
communicate regarding developmental disabilities issues with 23
policymakers, stakeholders, and the general public and must be 24
prepared and able to provide all program and staff support necessary, 25
directly or through subcontracts, to carry out all duties of the 26
office. 27
(2) The contracting organization and its subcontractors, if any, 28
are not state agencies or departments, but instead are private, 29
independent entities operating under contract with the state.30
(3) The governor or state may not revoke the designation of the 31
organization contracted to provide the services of the ombuds except 32
upon a showing of neglect of duty, misconduct, or inability to 33
perform duties. 34
(4) The department of commerce shall ensure that the ombuds staff 35
has access to sufficient training or experience with issues relating 36
to persons with developmental disabilities and the program and staff 37
support necessary to enable the ombuds to effectively protect the 38
interests of persons with developmental disabilities. The office of 39
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the developmental disabilities ombuds shall have the powers and 1
duties to do the following: 2
(a) Provide information as appropriate on the rights and 3
responsibilities of persons receiving developmental disability 4
(([disabilities] administration )) services or other state services, 5
and on the procedures for providing these services;6
(b) Investigate, upon its own initiative or upon receipt of a 7
complaint, an administrative act related to a person with 8
developmental disabilities alleged to be contrary to law, rule, or 9
policy, imposed without an adequate statement of reason, or based on 10
irrelevant, immaterial, or erroneous grounds; however, the ombuds may 11
decline to investigate any complaint; 12
(c) Monitor the procedures as established, implemented, and 13
practiced by the department to carry out its responsibilities in the 14
delivery of services to a person with developmental disabilities, 15
with a view toward appropriate preservation of families and ensuring 16
health and safety; 17
(d) Review periodically the facilities and procedures of state 18
institutions which serve persons with developmental disabilities and 19
state-licensed facilities or residences; 20
(e) Recommend changes in the procedures for addressing the needs 21
of persons with developmental disabilities; 22
(f) Submit annually, by November 1st, to the governor and 23
appropriate committees of the legislature a report analyzing the work 24
of the office, including recommendations; 25
(g) Establish procedures to protect the confidentiality of 26
records and sensitive information to ensure that the identity of any 27
complainant or person with developmental disabilities will not be 28
disclosed without the written consent of the complainant or person, 29
or upon court order; 30
(h) Maintain independence and authority within the bounds of the 31
duties prescribed by this chapter, insofar as this independence and 32
authority is exercised in good faith and within the scope of 33
contract; and 34
(i) Carry out such other activities as determined by the 35
department of commerce within the scope of this chapter.36
(5) The developmental disabilities ombuds must consult with 37
stakeholders to develop a plan for future expansion of the ombuds 38
into a model of individual ombuds services akin to the operations of 39
the long-term care ombuds. The developmental disabilities ombuds 40
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shall report its progress and recommendations related to this 1
subsection to the governor and appropriate committees of the 2
legislature by November 1, 2019. 3
Sec. 12. RCW 43.382.010 and 2016 c 172 s 6 are each amended to 4
read as follows: 5
The definitions in this section apply throughout this chapter 6
unless the context clearly requires otherwise. 7
(1) (("Administration" means the developmental disabilities 8
administration of the department of social and health services.9
(2))) "Department" means the department of social and health 10
services. 11
(((3))) (2) "Ombuds" means the office of the developmental 12
disabilities ombuds. 13
Sec. 13. RCW 70.128.040 and 2009 c 530 s 1 are each amended to 14
read as follows: 15
(1) The department shall adopt rules and standards with respect 16
to adult family homes and the operators thereof to be licensed under 17
this chapter to carry out the purposes and requirements of this 18
chapter. The rules and standards relating to applicants and operators 19
shall address the differences between individual providers and 20
providers that are partnerships, corporations, associations, or 21
companies. The rules and standards shall also recognize and be 22
appropriate to the different needs and capacities of the various 23
populations served by adult family homes such as but not limited to 24
persons who are developmentally disabled or elderly. In developing 25
rules and standards the department shall recognize the residential 26
family-like nature of adult family homes and not develop rules and 27
standards which by their complexity serve as an overly restrictive 28
barrier to the development of the adult family homes in the state. 29
Procedures and forms established by the department shall be developed 30
so they are easy to understand and comply with. Paper work 31
requirements shall be minimal. Easy to understand materials shall be 32
developed for applicants and providers explaining licensure 33
requirements and procedures. 34
(2)(a) In developing the rules and standards, the department 35
shall consult with all divisions and administrations within the 36
department serving the various populations living in adult family 37
homes((, including the division of developmental disabilities and the 38
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aging and adult services administration )). Involvement by the 1
divisions and administration shall be for the purposes of assisting 2
the department to develop rules and standards appropriate to the 3
different needs and capacities of the various populations served by 4
adult family homes. During the initial stages of development of 5
proposed rules, the department shall provide notice of development of 6
the rules to organizations representing adult family homes and their 7
residents, and other groups that the department finds appropriate. 8
The notice shall state the subject of the rules under consideration 9
and solicit written recommendations regarding their form and content.10
(b) In addition, the department shall engage in negotiated rule 11
making pursuant to RCW 34.05.310(2)(a) with the exclusive 12
representative of the adult family home licensees selected in 13
accordance with RCW 70.128.043 and with other affected interests 14
before adopting requirements that affect adult family home licensees.15
(3) Except where provided otherwise, chapter 34.05 RCW shall 16
govern all department rule-making and adjudicative activities under 17
this chapter. 18
(4) The department shall establish a specialty license to include 19
geriatric specialty certification for providers who have successfully 20
completed the University of Washington school of nursing certified 21
geriatric certification program and testing. 22
Sec. 14. RCW 70.128.300 and 2019 c 466 s 1 are each amended to 23
read as follows: 24
(1) Subject to the availability of amounts appropriated for this 25
specific purpose, the ((developmental disabilities )) home and 26
community living administration, or its successor organization, 27
within the department shall work with stakeholders to design and 28
implement services for individuals living in adult family homes who 29
have a primary need of care related to a developmental or 30
intellectual disability. These services must be enhancements or in 31
addition to services currently available, and designed to meet the 32
specific provisions related to the assessment, environment, 33
regulations, provision of care, and training requirements. These 34
services must be enhancements or in addition to services currently 35
available, and designed to support an intentional environment to 36
improve resident quality of life, promote resident safety, including 37
protecting safety in relationships between residents, increase 38
resident length of stay, clarify regulations, streamline training 39
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requirements, reduce the need for institutional settings, and attract 1
more adult family home providers to develop such highly needed 2
resources. The recommendations for these services must be completed 3
by June 1, 2020, for consideration and implementation in the 4
2021-2023 biennium. 5
(2) Subject to the availability of amounts appropriated for this 6
specific purpose, the ((aging and long-term support )) home and 7
community living administration, or its successor organization, 8
within the department shall work with stakeholders to design and 9
implement proposed services for individuals living in adult family 10
homes that are dedicated solely to the care of individuals with 11
dementia, including Alzheimer's disease. These services must be 12
enhancements or in addition to services currently available, and 13
designed to include specific provisions related to the assessment, 14
environment, regulations, provision of care, and training 15
requirements. These services must be designed to support an 16
intentional environment to improve resident quality of life, promote 17
resident safety, including protecting safety in relationships between 18
residents, increase resident length of stay, clarify regulations, 19
streamline training requirements, reduce the need for institutional 20
settings, and attract more adult family home providers to develop 21
such highly needed resources. The recommendations for these services 22
must be completed by June 1, 2020, for consideration and 23
implementation in the 2021-2023 biennium. 24
Sec. 15. RCW 71.09.099 and 2021 c 236 s 10 are each amended to 25
read as follows: 26
To facilitate the primary role of the department in identifying 27
less restrictive alternative placements under RCW 71.09.090 and 28
discharge planning under RCW 71.09.080, subject to the availability 29
of amounts appropriated for this specific purpose, the department 30
shall conduct a study to explore the development of conditional 31
release and transition facilities, which may include community-based 32
state-operated living alternatives similar to the state-operated 33
living alternative program operated by the ((developmental 34
disabilities administration )) department. Any facilities or 35
placements developed under this section may be identified through a 36
request for proposal process or through direct state acquisition and 37
development. Any contracts with facilities or placements entered into 38
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under this section shall include a provision requiring oversight by 1
the department to ensure the programs are operating appropriately.2
Sec. 16. RCW 71A.10.020 and 2022 c 277 s 2 are each amended to 3
read as follows: 4
As used in this title, the following terms have the meanings 5
indicated unless the context clearly requires otherwise.6
(1) "Administration" means the components of the department of 7
social and health services ((developmental disabilities 8
administration)) that administer services for individuals with 9
intellectual or developmental disabilities under this title.10
(2) "Assessment" means an evaluation is provided by the 11
department to determine: 12
(a) If the individual meets functional and financial criteria for 13
medicaid services; and 14
(b) The individual's support needs for service determination.15
(3) "Client" means a person who has been found by the secretary 16
under RCW 71A.16.040 to be eligible for services under this title.17
(4) "Community residential support services," or "community 18
support services," and "in-home services" means one or more of the 19
services listed in RCW 71A.12.040. 20
(((4))) (5) "Crisis stabilization services" means services 21
provided to persons with developmental disabilities who are 22
experiencing behaviors that jeopardize the safety and stability of 23
their current living situation. Crisis stabilization services 24
include: 25
(a) Temporary intensive services and supports, typically not to 26
exceed sixty days, to prevent psychiatric hospitalization, 27
institutional placement, or other out-of-home placement; and28
(b) Services designed to stabilize the person and strengthen 29
their current living situation so the person may continue to safely 30
reside in the community during and beyond the crisis period.31
(((5))) (6) "Department" means the department of social and 32
health services. 33
(((6))) (7) "Developmental disability" means a disability 34
attributable to intellectual disability, cerebral palsy, epilepsy, 35
autism, or another neurological or other condition of an individual 36
found by the secretary to be closely related to an intellectual 37
disability or to require treatment similar to that required for 38
individuals with intellectual disabilities, which disability 39
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originates before the individual attains age eighteen, which has 1
continued or can be expected to continue indefinitely, and which 2
constitutes a substantial limitation to the individual. By June 30, 3
2025, the administration shall promulgate rules to further define 4
developmental disability without the use of intelligence quotient 5
scores. 6
(((7))) (8) "Eligible person" means a person who has been found 7
by the secretary under RCW 71A.16.040 to be eligible for services.8
(((8))) (9) "Habilitative services" means those services provided 9
by program personnel to assist persons in acquiring and maintaining 10
life skills and to raise their levels of physical, mental, social, 11
and vocational functioning. Habilitative services include education, 12
training for employment, and therapy. 13
(((9))) (10) "Legal representative" means a parent of a person 14
who is under eighteen years of age, a person's legal guardian, a 15
person's limited guardian when the subject matter is within the scope 16
of the limited guardianship, a person's attorney -at-law, a person's 17
attorney-in-fact, or any other person who is authorized by law to act 18
for another person. 19
(((10))) (11) "Notice" or "notification" of an action of the 20
secretary means notice in compliance with RCW 71A.10.060.21
(((11))) (12) "Residential habilitation center" means a state-22
operated facility for persons with developmental disabilities 23
governed by chapter 71A.20 RCW. 24
(((12))) (13) "Respite services" means relief for families and 25
other caregivers of people with disabilities, typically not to exceed 26
ninety days, to include both in-home and out-of-home respite care on 27
an hourly and daily basis, including twenty-four hour care for 28
several consecutive days. Respite care workers provide supervision, 29
companionship, and personal care services temporarily replacing those 30
provided by the primary caregiver of the person with disabilities. 31
Respite care may include other services needed by the client, 32
including medical care which must be provided by a licensed health 33
care practitioner. 34
(((13))) (14) "Secretary" means the secretary of social and 35
health services or the secretary's designee. 36
(((14))) (15) "Service" or "services" means services provided by 37
state or local government to carry out this title.38
(((15))) (16) "Service request list" means a list of eligible 39
persons who have received an assessment for service determination and 40
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their assessment shows that they meet the eligibility requirements 1
for the requested service but were denied access due to funding 2
limits. 3
(((16))) (17) "State-operated living alternative" means programs 4
for community residential services which may include assistance with 5
activities of daily living, behavioral, habilitative, interpersonal, 6
protective, medical, nursing, and mobility supports to individuals 7
who have been assessed by the department as meeting state and federal 8
requirements for eligibility in home and community-based waiver 9
programs for individuals with developmental disabilities. State-10
operated living alternatives are operated and staffed with state 11
employees. 12
(((17))) (18) "Supported living" means community residential 13
services and housing which may include assistance with activities of 14
daily living, behavioral, habilitative, interpersonal, protective, 15
medical, nursing, and mobility supports provided to individuals with 16
disabilities who have been assessed by the department as meeting 17
state and federal requirements for eligibility in home and community-18
based waiver programs for individuals with developmental 19
disabilities. Supported living services are provided under contracts 20
with private agencies or with individuals who are not state 21
employees. 22
(((18))) (19) "Vacancy" means an opening at a residential 23
habilitation center, which when filled, would not require the center 24
to exceed its biennially budgeted capacity. 25
Sec. 17. RCW 71A.10.100 and 2025 c 337 s 1 are each amended to 26
read as follows: 27
(1) The department shall ((hire two permanent, full-time 28
employees to )) regularly review and maintain the no-paid services 29
caseload. This includes, but is not limited to, updating the no-paid 30
services caseload to accurately reflect a current head count of 31
eligible individuals and identifying the number of individuals 32
contacted who are currently interested in receiving ((a)) paid 33
((service from the developmental disabilities administration )) 34
developmental disability services under this title and if ((the 35
individual)) those individuals would like services now or within the 36
next year. Beginning December 1, 2022, the department shall annually 37
report this information to the governor and the appropriate 38
committees of the legislature. 39
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(2) The department may provide limited case resource management 1
services to a client on the no-paid services caseload. The case 2
resource manager's duties include responding to the client to discuss 3
the client's service needs and explaining to the client the service 4
options available through the department or other community 5
resources. Inactive clients on the no-paid services caseload may not 6
receive case resource management services. 7
Sec. 18. RCW 71A.16.020 and 2022 c 277 s 3 are each amended to 8
read as follows: 9
(1) A person is eligible for services under this title if the 10
secretary finds that the person has a developmental disability as 11
defined in RCW 71A.10.020. 12
(2) The secretary may adopt rules further defining and 13
implementing the criteria in the definition of "developmental 14
disability" under RCW 71A.10.020. Beginning July 1, 2025, the 15
((administration)) department may not use intelligence quotient 16
scores as a determinant of developmental disability. The 17
((administration)) department shall maintain eligibility for ((the 18
administration's)) services for any persons determined eligible after 19
the age of 18 who were determined eligible using an intelligence 20
quotient score under criteria in place prior to July 1, 2025. The 21
((administration)) department shall not disenroll any client upon 22
review at 18 years old who is determined to be eligible based on 23
standards in place prior to or after July 1, 2025.24
Sec. 19. RCW 71A.16.050 and 2014 c 139 s 3 are each amended to 25
read as follows: 26
The determination made under this chapter is only as to whether a 27
person is eligible for services. After the secretary has determined 28
under this chapter that a person is eligible for services, the 29
individual may request an assessment for eligibility for medicaid 30
programs and specific developmental disability services 31
((administered by the developmental disabilities administration )) 32
authorized under this title . The secretary shall make a determination 33
as to what services are appropriate for the person. The secretary 34
shall prioritize services to medicaid eligible clients. Services may 35
be made available to nonmedicaid eligible clients based on available 36
funding. Services available through the state medicaid plan must be 37
provided to those individuals who meet the eligibility criteria. The 38
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department shall establish and maintain a service request list 1
database for individuals who are found to be eligible and have an 2
assessed and unmet need for programs and services offered under a 3
home and community-based services waiver, but the provision of a 4
specific service would exceed the biennially budgeted capacity.5
Sec. 20. RCW 71A.18.060 and 2022 c 219 s 3 are each amended to 6
read as follows: 7
(1) Expenditures for the individual and family services waiver 8
and the basic plus waiver administered under Title 71A RCW must be 9
considered by the governor and the legislature for inclusion in 10
maintenance level budgets beginning with the governor's budget 11
proposal submitted in December 2022 and funding for these 12
expenditures are subject to amounts appropriated for this specific 13
purpose. The department of social and health services must annually 14
submit a budget request for these expenditures. 15
(2) Beginning with the governor's budget proposal submitted in 16
December 2022 and within the department's existing appropriations, 17
the department of social and health services must annually submit a 18
budget request for expenditures for the number of individuals who are 19
expected to reside in state-operated living alternatives administered 20
by the ((developmental disabilities administration )) department under 21
Title 71A RCW. 22
Sec. 21. RCW 71A.26.010 and 2020 c 271 s 1 are each amended to 23
read as follows: 24
The rights set forth in this chapter are the minimal rights 25
guaranteed to all ((clients of the administration )) eligible persons, 26
as defined in RCW 71A.10.020, who are receiving services under this 27
title, and are not intended to diminish rights set forth in other 28
state or federal laws that may contain additional rights.29
Sec. 22. RCW 71A.26.030 and 2020 c 271 s 3 are each amended to 30
read as follows: 31
(1) The ((administration)) department must notify the individual 32
and the individual's legal representative or necessary supplemental 33
accommodation representative of the rights set forth in this chapter 34
upon determining the individual is an eligible person. The 35
notification the ((administration)) department provides must be in 36
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written form. The ((administration)) department must document the 1
date that the notification required in this subsection was provided.2
(2) The ((administration)) department must notify a client and a 3
client's legal representative or necessary supplemental accommodation 4
representative of the rights set forth in this chapter upon 5
conducting ((a client's )) an eligible person's assessment. The 6
notification the ((administration)) department provides must be in 7
written form. The ((administration)) department must document the 8
date that the notification required in this subsection was provided.9
(3) The client has the right to exercise autonomy and choice free 10
from provider interference. This includes the client's rights to:11
(a) Be free from sexual, physical, and mental abuse, corporal 12
punishment, and involuntary seclusion; 13
(b) Be free from discrimination based on race, color, creed, 14
national origin, religion, sex, age, disability, marital and family 15
status, gender identity, or sexual orientation; 16
(c) Make choices regarding the type of food available within the 17
client's resources and service plan; 18
(d) Have visitors at the client's home and associate with persons 19
of the client's choosing and subject to limitations as negotiated 20
with the client's housemates; 21
(e) Control the client's schedule and choose activities, 22
schedules, and health care that meet the client's needs;23
(f) Information about the treatment ordered by the client's 24
health care provider and help plan how the treatment will be 25
implemented; 26
(g) Be free from unnecessary medication, restraints, and 27
restrictions; 28
(h) Vote, participate in the democratic process, and help people 29
with getting elected to office; 30
(i) Manage the client's money or choose a person to assist;31
(j) Be part of the community; 32
(k) Make choices about the client's life; 33
(l) Choose the clothes and hairstyle the client wears;34
(m) Furnish and decorate the client's bedroom to the client's 35
preferences or furnish and decorate the client's home to the client's 36
preferences subject to agreement with the client's housemates;37
(n) Seek paid employment; 38
(o) Receive the services that the client agrees to receive;39
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(p) Decide whether or not to participate in research after the 1
research has been explained to the client, and after the client or 2
the client's legal representative gives written consent for the 3
client to participate in the research; and 4
(q) Be free from financial exploitation. 5
(4) The client has the right to participate in the 6
administration's service planning. This includes the client's right 7
to: 8
(a) Be present and provide input on the client's service plans 9
written by the administration and providers; 10
(b) Have meaningful opportunities to lead planning processes;11
(c) Have the client's visions for a meaningful life and the 12
client's goals for education, employment, housing, relationships, and 13
recreation included in the planning process; 14
(d) Choose an advocate to attend the planning processes with the 15
client; and 16
(e) Have access to current and accurate information about 17
recreation, education, and employment opportunities available in the 18
client's community. 19
(5) The client has the right to access information about services 20
and health care. This includes the client's right to:21
(a) View a copy of all of the client's service plans;22
(b) Possess full copies of the client's current service plans;23
(c) Review copies of the policies and procedures for any service 24
the client receives, at any time. This includes policies and 25
procedures about how the client may file a complaint to providers and 26
the department; 27
(d) Examine the results of the department's most recent survey or 28
inspection conducted by state surveyors or inspectors, statements of 29
deficiency, and plans of correction in effect with respect to the 30
client's provider and the client's residence. The client's service 31
provider must assist the client with locating and accessing this 32
information upon the client's request; and 33
(e) Receive written notification of enforcement actions taken by 34
the department against the client's provider. The administration's 35
case manager or designee must provide notification to the client and 36
the client's legal representative or necessary supplemental 37
accommodation representative within twenty days, excluding weekends 38
and holidays, of the date of enforcement. For purposes of this 39
subsection, a "provider" means an entity that provides residential 40
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services received by ((a client)) an eligible person that is operated 1
by ((or contracted through the administration )) the department or 2
contractor of the department to provide developmental disability 3
services under this title . An enforcement action that requires this 4
notification includes: 5
(i) Conditions placed on the provider certification or license;6
(ii) Suspension or limited suspension of referrals or admissions;7
(iii) Imposition of provisional certification or decertification; 8
or 9
(iv) Denial, suspension, or revocation of a license or 10
certification. 11
(6) The client has the right to file complaints and grievances, 12
and to request appeals. This includes the client's right to:13
(a) Appeal any decision by the department that denies, reduces, 14
or terminates the client's eligibility, services, or choice of 15
provider as defined in federal medicaid law and state public 16
assistance laws; 17
(b) Submit grievances to the client's provider about the client's 18
services or other concerns. This includes, but is not limited to, 19
concerns about the behavior of other people where the client lives. 20
The provider must maintain a written policy on the grievance process 21
that includes timelines and possible remedies. If a grievance is 22
unresolved, the provider must provide the client with information on 23
how to submit the grievance to the department; 24
(c) File complaints and grievances, and request appeals without 25
penalty or retaliation by the department or providers; and26
(d) Receive information about how to obtain accommodation for 27
disability in the appeal process. 28
(7) The client has the right to privacy and confidentiality. This 29
includes the client's right to: 30
(a) Personal privacy and confidentiality of the client's personal 31
records; 32
(b) Communicate privately, including the right to send and 33
receive mail and email, and the right to use a telephone in an area 34
where calls can be made without being overheard; and35
(c) Meet with and talk privately with the client's friends and 36
family. 37
(8) The client has rights during discharge, transfer, and 38
termination of services as set forth in this subsection.39
p. 39 SB 6063
(a) Clients that are residents of a long-term care facility that 1
is licensed under chapter 18.20, 72.36, or 70.128 RCW have the rights 2
set forth in RCW 70.129.110. 3
(b) Clients that receive certified community residential services 4
have the right to: 5
(i) Remain with the client's provider. Services must not be 6
terminated unless the provider determines and documents that:7
(A) The provider cannot meet the needs of the client;8
(B) The client's safety or the safety of other individuals in the 9
facility or residence is endangered; 10
(C) The client's health or the health of other individuals in the 11
facility or residence would otherwise be endangered; or12
(D) The provider ceases to operate. 13
(ii) Receive written notice from the provider of any potential 14
termination of services at least thirty days before such termination, 15
except when there is a health and safety emergency that requires 16
termination of service, in which case notice shall be provided at 17
least seventy-two hours before the date of termination. The notice 18
must be provided to the client and the client's legal representative 19
or necessary supplemental accommodation representative. The notice 20
must include: 21
(A) The reason for termination of services; and22
(B) The effective date of termination of services.23
(iii) Receive a transition plan at least two days before the 24
effective date of the termination of services, or if the termination 25
was based on a health and safety emergency receive a transition plan 26
within two days of the administration's receipt of notice for 27
emergency termination. The administration must provide the client and 28
the client's legal representative or necessary supplemental 29
accommodation representative with the plan. The plan must include:30
(A) The location where the client will be transferred;31
(B) The mode of transportation to the new location; and32
(C) The name, address, and telephone number of the developmental 33
disabilities ombuds. 34
(c) A provider that provides services to clients in a residence 35
owned by the provider must exhaust the procedures for termination of 36
services prior to the commencement of any unlawful detainer action 37
under RCW 59.12.030. 38
(9) The client has the right to access advocates. The client has 39
the right to receive information from agencies acting as client 40
p. 40 SB 6063
advocates, and be afforded the opportunity to contact these agencies. 1
The provider must not interfere with the client's access to any of 2
the following: 3
(a) Any representative of the state; 4
(b) The resident's individual physician; 5
(c) The developmental disabilities ombuds; or 6
(d) Any representative of the organization designated to 7
implement the protection and advocacy program pursuant to RCW 8
71A.10.080. 9
(10) If a client is subject to a guardianship order pursuant to 10
chapter 11.88 RCW, the rights of the client under this chapter are 11
exercised by the client's guardian if the subject matter is within 12
the scope of the guardianship order. 13
Sec. 23. RCW 71A.28.030 and 2020 c 41 s 3 are each amended to 14
read as follows: 15
(1) It is the intent of the legislature that the department offer 16
voluntary out-of-home services in cases where the sole reason for the 17
child's out-of-home services is due to the child's developmental 18
disability and the parent, guardian, or legal custodian has 19
determined that the child would benefit from services outside of the 20
home. If the department does not offer out-of-home services, a 21
petition may be filed and an action pursued under chapter 13.34 RCW.22
(2) Nothing in this section prevents the department of children, 23
youth, and families from filing a dependency petition if there is 24
reason to believe that the child is a dependent child as defined in 25
RCW 13.34.030. 26
(3) The department must adopt rules for out-of-home services.27
(4) As used in this section, "out-of-home services" means the 28
services provided to a child by a provider that is licensed to serve 29
children under chapter 74.15 RCW and is contracted by the department 30
or provided by a state-operated community program ((of the 31
developmental disabilities administration )) for eligible persons with 32
a developmental disability. 33
Sec. 24. RCW 74.13.341 and 2021 c 56 s 3 are each amended to 34
read as follows: 35
(1) With respect to children who are subject to an open 36
dependency proceeding under chapter 13.34 RCW and may exit dependency 37
proceedings under chapter 13.34 RCW after reaching the maximum age 38
p. 41 SB 6063
for dependent children, the department shall invite representatives 1
from the entity providing managed health and behavioral health care 2
for foster youth required under RCW 74.09.860, and representatives of 3
the department of social and health services programs administering 4
behavioral health ((administration)), ((the)) developmental 5
disabilities ((administration)), ((the division of )) vocational 6
rehabilitation, and ((the)) economic services ((administration)) to 7
the youth's shared planning meeting that occurs between the age of 17 8
and 17.5 that is used to develop a transition plan. It is the 9
responsibility of the department to include these agencies in the 10
shared planning meeting. 11
(2) For youth who are subject to an open dependency proceeding 12
under chapter 13.34 RCW and the department caseworker believes may be 13
eligible for services administered by the ((developmental 14
disabilities administration )) department of social and health 15
services under Title 71A RCW , the department shall convene a shared 16
planning meeting that includes representatives from the 17
((developmental disabilities administration and the division of 18
vocational rehabilitation )) department of social and health services 19
who administer developmental disability and vocational rehabilitation 20
services when the youth is between the ages of 16 and 16.5. This 21
meeting must be used to begin planning services for the youth in 22
advance of the youth's transition to adulthood. The shared planning 23
meeting required under this subsection may include:24
(a) Assessing functional eligibility for developmental disability 25
waiver services; 26
(b) Understanding the services that the youth wants or needs upon 27
the youth's exit from a dependency under chapter 13.34 RCW;28
(c) Advanced planning for residential services provided by the 29
((developmental disabilities administration of the )) department of 30
social and health services; 31
(d) Advanced planning for housing options available from 32
((entities other than the developmental disabilities administration 33
of)) the department of social and health services the youth wants or 34
needs upon the youth's exit from a dependency under chapter 13.34 35
RCW; and 36
(e) Development of an action plan so that the services the youth 37
wants or needs will be provided following the youth's exit from 38
dependency proceedings under chapter 13.34 RCW. 39
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(3) If children who are subject to an open dependency proceeding 1
under chapter 13.34 RCW and who are the subject of either shared 2
planning meeting described under this section may qualify for 3
services provided by the ((developmental disabilities 4
administration)) department of social and health services pursuant to 5
Title 71A RCW, the department shall direct these youth to apply for 6
these services and provide assistance in the application process.7
Sec. 25. RCW 74.04.060 and 2022 c 214 s 8 are each amended to 8
read as follows: 9
(1)(a) For the protection of applicants and recipients, the 10
department, the authority, and the county offices and their 11
respective officers and employees are prohibited, except as 12
hereinafter provided, from disclosing the contents of any records, 13
files, papers and communications, except for purposes directly 14
connected with the administration of the programs of this title. In 15
any judicial proceeding, except such proceeding as is directly 16
concerned with the administration of these programs, such records, 17
files, papers and communications, and their contents, shall be deemed 18
privileged communications and except for the right of any individual 19
to inquire of the office whether a named individual is a recipient of 20
welfare assistance and such person shall be entitled to an 21
affirmative or negative answer. 22
(b) Unless prohibited by federal law, for the purpose of 23
investigating and preventing child abuse and neglect and providing 24
for the health care coordination and well-being of children in foster 25
care, the department and the authority shall disclose to the 26
department of children, youth, and families the following 27
information: ((Developmental disabilities administration client 28
records; home and community services client records; )) Home and 29
community living administration client records; behavioral health and 30
habilitation administration client records; long-term care facility 31
or certified community residential supports records; health care 32
information; child support information; food assistance information; 33
and public assistance information. Disclosure under this subsection 34
(1)(b) is mandatory for the purposes of the federal health insurance 35
portability and accountability act. 36
(c) Upon written request of a parent who has been awarded 37
visitation rights in an action for divorce or separation or any 38
parent with legal custody of the child, the department shall disclose 39
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to him or her the last known address and location of his or her 1
natural or adopted children. The secretary shall adopt rules which 2
establish procedures for disclosing the address of the children and 3
providing, when appropriate, for prior notice to the custodian of the 4
children. The notice shall state that a request for disclosure has 5
been received and will be complied with by the department unless the 6
department receives a copy of a court order which enjoins the 7
disclosure of the information or restricts or limits the requesting 8
party's right to contact or visit the other party or the child. 9
Information supplied to a parent by the department shall be used only 10
for purposes directly related to the enforcement of the visitation 11
and custody provisions of the court order of separation or decree of 12
divorce. No parent shall disclose such information to any other 13
person except for the purpose of enforcing visitation provisions of 14
the said order or decree. 15
(d) Unless prohibited by federal law, the department is permitted 16
to release individual-level data of state-funded public assistance 17
programs listed under RCW 28B.92.200 to the student achievement 18
council under chapter 28B.77 RCW for the purposes of RCW 28B.92.225.19
(e) The department shall review methods to improve the protection 20
and confidentiality of information for recipients of welfare 21
assistance who have disclosed to the department that they are past or 22
current victims of domestic violence or stalking. 23
(2) The county offices shall maintain monthly at their offices a 24
report showing the names and addresses of all recipients in the 25
county receiving public assistance under this title, together with 26
the amount paid to each during the preceding month.27
(3) The provisions of this section shall not apply to duly 28
designated representatives of approved private welfare agencies, 29
public officials, members of legislative interim committees and 30
advisory committees when performing duties directly connected with 31
the administration of this title, such as regulation and 32
investigation directly connected therewith: PROVIDED, HOWEVER, That 33
any information so obtained by such persons or groups shall be 34
treated with such degree of confidentiality as is required by the 35
federal social security law. 36
(4) It shall be unlawful, except as provided in this section, for 37
any person, body, association, firm, corporation or other agency to 38
solicit, publish, disclose, receive, make use of, or to authorize, 39
knowingly permit, participate in or acquiesce in the use of any lists 40
p. 44 SB 6063
or names for commercial or political purposes of any nature. The 1
violation of this section shall be a gross misdemeanor.2
Sec. 26. RCW 74.09.520 and 2025 c 367 s 1 are each amended to 3
read as follows: 4
(1) The term "medical assistance" may include the following care 5
and services subject to rules adopted by the authority or department: 6
(a) Inpatient hospital services; (b) outpatient hospital services; 7
(c) other laboratory and X-ray services; (d) nursing facility 8
services; (e) physicians' services, which shall include prescribed 9
medication and instruction on birth control devices; (f) medical 10
care, or any other type of remedial care as may be established by the 11
secretary or director; (g) home health care services; (h) private 12
duty nursing services; (i) dental services; (j) physical and 13
occupational therapy and related services; (k) prescribed drugs, 14
dentures, and prosthetic devices; and eyeglasses prescribed by a 15
physician skilled in diseases of the eye or by an optometrist, 16
whichever the individual may select; (l) personal care services, as 17
provided in this section; (m) hospice services; (n) other diagnostic, 18
screening, preventive, and rehabilitative services; and (o) like 19
services when furnished to a child by a school district in a manner 20
consistent with the requirements of this chapter. For the purposes of 21
this section, neither the authority nor the department may cut off 22
any prescription medications, oxygen supplies, respiratory services, 23
or other life-sustaining medical services or supplies.24
"Medical assistance," notwithstanding any other provision of law, 25
shall not include routine foot care, or dental services delivered by 26
any health care provider, that are not mandated by Title XIX of the 27
social security act unless there is a specific appropriation for 28
these services. 29
(2) The department shall adopt, amend, or rescind such 30
administrative rules as are necessary to ensure that Title XIX 31
personal care services are provided to eligible persons in 32
conformance with federal regulations. 33
(a) These administrative rules shall include financial 34
eligibility indexed according to the requirements of the social 35
security act providing for medicaid eligibility. 36
(b) The rules shall require clients be assessed as having a 37
medical condition requiring assistance with personal care tasks. 38
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Plans of care for clients requiring health-related consultation for 1
assessment and service planning may be reviewed by a nurse.2
(c) The department shall determine by rule which clients have a 3
health-related assessment or service planning need requiring 4
registered nurse consultation or review. This definition may include 5
clients that meet indicators or protocols for review, consultation, 6
or visit. 7
(3) The department shall design and implement a means to assess 8
the level of functional disability of persons eligible for personal 9
care services under this section. The personal care services benefit 10
shall be provided to the extent funding is available according to the 11
assessed level of functional disability. Any reductions in services 12
made necessary for funding reasons should be accomplished in a manner 13
that assures that priority for maintaining services is given to 14
persons with the greatest need as determined by the assessment of 15
functional disability. 16
(4) Effective July 1, 1989, the authority shall offer hospice 17
services in accordance with available funds. 18
(5) For Title XIX personal care services administered by the 19
department, the department shall contract with area agencies on aging 20
or may contract with a federally recognized Indian tribe under RCW 21
74.39A.090(3): 22
(a) To provide case management services to individuals receiving 23
Title XIX personal care services in their own home; and24
(b) To reassess and reauthorize Title XIX personal care services 25
or other home and community services as defined in RCW 74.39A.009 in 26
home or in other settings for individuals consistent with the intent 27
of this section: 28
(i) Who have been initially authorized by the department to 29
receive Title XIX personal care services or other home and community 30
services as defined in RCW 74.39A.009; and 31
(ii) Who, at the time of reassessment and reauthorization, are 32
receiving such services in their own home. 33
(6) In the event that an area agency on aging or federally 34
recognized Indian tribe is unwilling to enter into or satisfactorily 35
fulfill a contract or an individual consumer's need for case 36
management services will be met through an alternative delivery 37
system, the department is authorized to: 38
(a) Obtain the services through competitive bid; and39
p. 46 SB 6063
(b) Provide the services directly until a qualified contractor 1
can be found. 2
(7) Subject to the availability of amounts appropriated for this 3
specific purpose, the authority may offer medicare part D 4
prescription drug copayment coverage to full benefit dual eligible 5
beneficiaries. 6
(8) Effective January 1, 2016, the authority shall require 7
universal screening and provider payment for autism and developmental 8
delays as recommended by the bright futures guidelines of the 9
American academy of pediatrics, as they existed on August 27, 2015. 10
This requirement is subject to the availability of funds.11
(9) Subject to the availability of amounts appropriated for this 12
specific purpose, effective January 1, 2018, the authority shall 13
require provider payment for annual depression screening for youth 14
ages twelve through eighteen as recommended by the bright futures 15
guidelines of the American academy of pediatrics, as they existed on 16
January 1, 2017. Providers may include, but are not limited to, 17
primary care providers, public health nurses, and other providers in 18
a clinical setting. This requirement is subject to the availability 19
of funds appropriated for this specific purpose. 20
(10) Subject to the availability of amounts appropriated for this 21
specific purpose, effective January 1, 2018, the authority shall 22
require provider payment for maternal depression screening for 23
mothers of children ages birth to six months. This requirement is 24
subject to the availability of funds appropriated for this specific 25
purpose. 26
(11) Subject to the availability of amounts appropriated for this 27
specific purpose, the authority shall: 28
(a) Allow otherwise eligible reimbursement for the following 29
related to mental health assessment and diagnosis of children from 30
birth through five years of age: 31
(i) Up to five sessions for purposes of intake and assessment, if 32
necessary; 33
(ii) Assessments in home or community settings, including 34
reimbursement for provider travel; and 35
(b) Require providers to use the current version of the DC:0-5 36
diagnostic classification system for mental health assessment and 37
diagnosis of children from birth through five years of age.38
(12) Effective January 1, 2024, the authority shall require 39
coverage for noninvasive preventive colorectal cancer screening tests 40
p. 47 SB 6063
assigned either a grade of A or grade of B by the United States 1
preventive services task force and shall require coverage for 2
colonoscopies performed as a result of a positive result from such a 3
test. 4
(13)(a) The authority shall require or provide payment to the 5
hospital for any day of a hospital stay in which an adult or child 6
patient enrolled in medical assistance, including home and community 7
services or with a medicaid managed care organization, under this 8
chapter: 9
(i) Does not meet the criteria for acute inpatient level of care 10
as defined by the authority; 11
(ii) Meets the criteria for discharge, as defined by the 12
authority or department, to any appropriate placement including, but 13
not limited to: 14
(A) A nursing home licensed under chapter 18.51 RCW;15
(B) An assisted living facility licensed under chapter 18.20 RCW;16
(C) An adult family home licensed under chapter 70.128 RCW; or17
(D) A setting in which residential services are provided or 18
funded by ((the developmental disabilities administration of )) the 19
department for individuals with developmental disabilities as defined 20
in RCW 71A.10.020, including supported living ((as defined in RCW 21
71A.10.020)); and 22
(iii) Is not discharged from the hospital because placement in 23
the appropriate location described in (a)(ii) of this subsection is 24
not available. 25
(b) Pharmacy services and pharmaceuticals shall be billed by and 26
paid to the hospital separately. 27
(c) The requirements of this subsection do not alter requirements 28
for billing or payment for inpatient care. 29
(d) The authority shall adopt, amend, or rescind such 30
administrative rules as necessary to facilitate calculation and 31
payment of the amounts described in this subsection, including for 32
clients of medicaid managed care organizations. 33
(e) The authority shall adopt rules requiring medicaid managed 34
care organizations to establish specific and uniform administrative 35
and review processes for payment under this subsection.36
(f) For patients meeting the criteria in (a)(ii)(A) of this 37
subsection, hospitals must utilize swing beds or skilled nursing beds 38
to the extent the services are available within their facility and 39
the associated reimbursement methodology prior to the billing under 40
p. 48 SB 6063
the methodology in (a) of this subsection, if the hospital determines 1
that such swing bed or skilled nursing bed placement is appropriate 2
for the patient's care needs, the patient is appropriate for the 3
existing patient mix, and appropriate staffing is available.4
Sec. 27. RCW 74.09.4951 and 2024 c 372 s 1 are each amended to 5
read as follows: 6
(1) The children and youth behavioral health work group is 7
established to: 8
(a) Identify barriers to and opportunities for accessing 9
behavioral health services for children, youth, and young adults and 10
their families; 11
(b) Strengthen and build a coordinated systemic approach to 12
providing behavioral health care and supports that ensure that all 13
children, youth, young adults, and their families have timely access 14
to high quality, equitable, well-resourced behavioral health 15
education, care, and supports across the continuum when and where 16
they need it, including prenatal care; and 17
(c) Advise the legislature on statewide behavioral health 18
services for this population. 19
(2) The work group shall consist of members and alternates as 20
provided in this subsection. Members must represent the regional, 21
racial, and cultural diversity of all children and families in the 22
state. 23
(a) The president of the senate shall appoint one member and one 24
alternate from each of the two largest caucuses in the senate.25
(b) The speaker of the house of representatives shall appoint one 26
member and one alternate from each of the two largest caucuses in the 27
house of representatives. 28
(c) The governor shall appoint six members representing the 29
following state agencies and offices: The department of children, 30
youth, and families; the department of social and health services; 31
the health care authority; the department of health; the office of 32
homeless youth prevention and protection programs; and the office of 33
the governor. 34
(d) Subject to the requirements under (k) of this subsection, the 35
governor shall appoint the following members: 36
(i) One representative of behavioral health administrative 37
services organizations; 38
(ii) One representative of community mental health agencies;39
p. 49 SB 6063
(iii) Two representatives of medicaid managed care organizations, 1
one of which must provide managed care to children and youth 2
receiving child welfare services; 3
(iv) One regional provider of co-occurring disorder services;4
(v) One pediatrician or primary care provider; 5
(vi) One provider specializing in infant or early childhood 6
mental health; 7
(vii) One representative who advocates for behavioral health 8
issues on behalf of children and youth; 9
(viii) One representative of early learning and child care 10
providers; 11
(ix) One representative of the evidence-based practice institute;12
(x) Two parents or caregivers of children who have received 13
behavioral health services, one of which must have a child under the 14
age of six; 15
(xi) One representative of an education or teaching institution 16
that provides training for mental health professionals;17
(xii) One foster parent; 18
(xiii) One representative of providers of culturally and 19
linguistically appropriate health services to traditionally 20
underserved communities; 21
(xiv) One pediatrician located east of the crest of the Cascade 22
mountains; 23
(xv) One child psychiatrist; 24
(xvi) One representative of an organization representing the 25
interests of individuals with developmental disabilities;26
(xvii) Three youth or young adult representatives who have 27
experience with behavioral health services; 28
(xviii) One representative of a private insurance organization;29
(xix) One representative from the statewide family youth system 30
partner roundtable established in the T.R. v. Strange and McDermott , 31
formerly the T.R. v. Dreyfus and Porter, settlement agreement;32
(xx) One representative from educational service districts 33
established under chapter 28A.310 RCW; and 34
(xxi) One substance use disorder professional.35
(e) The governor shall request participation by a representative 36
of tribal governments. 37
(f) The superintendent of public instruction shall appoint one 38
representative from the office of the superintendent of public 39
instruction. 40
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(g) The insurance commissioner shall appoint one representative 1
from the office of the insurance commissioner. 2
(h) The work group shall choose one of the work group's cochairs 3
from among its legislative members and the other cochair must be the 4
representative from the health care authority. The representative 5
from the health care authority shall convene at least two meetings of 6
the work group each year. 7
(i) The cochairs may invite additional members of the house of 8
representatives and the senate to participate in work group 9
activities, including as leaders of advisory groups to the work 10
group. These legislators are not required to be formally appointed 11
members of the work group in order to participate in or lead advisory 12
groups. 13
(j) The cochairs may request that the governor appoint additional 14
members of the work group representing specific professions, 15
organizations, or communities. The governor's office may consult with 16
the cochairs as needed on these discretionary appointments.17
(k) The terms for work group members appointed under (d) of this 18
subsection after June 6, 2024, may not exceed three years. Work group 19
members appointed under (d) of this subsection before June 6, 2024, 20
may remain in their positions until January 1, 2027, but their terms 21
may not go beyond that date. 22
(3) The work group shall: 23
(a) Monitor the implementation of enacted legislation, programs, 24
and policies related to children and youth behavioral health, 25
including provider payment for mood, anxiety, and substance use 26
disorder prevention, screening, diagnosis, and treatment for children 27
and young mothers; consultation services for child care providers 28
caring for children with symptoms of trauma; home visiting services; 29
and streamlining agency rules for providers of behavioral health 30
services; 31
(b) Consider system strategies to improve coordination and remove 32
barriers between the early learning, K-12 education, and health care 33
systems; 34
(c) Identify opportunities to remove barriers to treatment and 35
strengthen behavioral health service delivery for children and youth;36
(d) Determine the strategies and resources needed to:37
(i) Improve inpatient and outpatient access to behavioral health 38
services; 39
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(ii) Support the unique needs of young children prenatally 1
through age five, including promoting health and social and emotional 2
development in the context of children's family, community, and 3
culture; 4
(iii) Develop and sustain system improvements to support the 5
behavioral health needs of children, youth, and young adults; and6
(iv) Achieve parity of private health insurance coverage for 7
behavioral health conditions with the coverage provided for other 8
health conditions; and 9
(e) Consider issues and recommendations put forward by the 10
statewide family youth system partner roundtable established in the 11
T.R. v. Strange and McDermott , formerly the T.R. v. Dreyfus and 12
Porter, settlement agreement. 13
(4) At the direction of the cochairs, the work group may convene 14
advisory groups to evaluate specific issues and report related 15
findings and recommendations to the full work group.16
(5) The work group shall convene an advisory group focused on 17
school-based behavioral health and suicide prevention. The advisory 18
group shall advise the full work group on creating and maintaining an 19
integrated system of care through a tiered support framework for 20
preschool through twelfth grade school systems defined by the office 21
of the superintendent of public instruction and behavioral health 22
care systems that can rapidly identify students in need of care and 23
effectively link these students to appropriate services, provide age-24
appropriate education on behavioral health and other universal 25
supports for social-emotional wellness for all students, and improve 26
both education and behavioral health outcomes for students. The 27
school-based behavioral health and suicide prevention advisory group 28
shall consider the broader behavioral health issues impacting 29
children, youth, and families, while focusing on the issues that are 30
unique to children and families that interface with schools. The work 31
group cochairs may invite nonwork group members to participate as 32
advisory group members. 33
(6)(a) Subject to the availability of amounts appropriated for 34
this specific purpose, the work group shall convene an advisory group 35
for the purpose of developing a draft strategic plan that describes:36
(i) The current landscape of behavioral health services available 37
to families in the perinatal phase, children, youth transitioning 38
into adulthood, and the caregivers of those children and youth in 39
Washington state, including a description of: 40
p. 52 SB 6063
(A) The gaps and barriers in receiving or accessing behavioral 1
health services, including services for co-occurring behavioral 2
health disorders or other conditions; 3
(B) Access to high quality, equitable care and supports in 4
behavioral health education and promotion, prevention, intervention, 5
treatment, recovery, and ongoing well-being supports;6
(C) The current supports and services that address emerging 7
behavioral health issues before a diagnosis and more intensive 8
services or clinical treatment is needed; and 9
(D) The current behavioral health care oversight and management 10
of services and systems; 11
(ii) The vision for the behavioral health service delivery system 12
for families in the perinatal phase, children, youth transitioning 13
into adulthood, and the caregivers of those children and youth, 14
including: 15
(A) A complete continuum of services from education, promotion, 16
prevention, early intervention through crisis response, intensive 17
treatment, postintervention, and recovery, as well as supports that 18
sustain wellness in the behavioral health spectrum;19
(B) How access can be provided to high quality, equitable care 20
and supports in behavioral health education, promotion, prevention, 21
intervention, recovery, and ongoing well-being when and where needed;22
(C) How the children and youth behavioral health system must 23
successfully pair with the 988 behavioral health crisis response 24
described under chapter 82.86 RCW; 25
(D) The incremental steps needed to achieve the vision for the 26
behavioral health service delivery system based on the current gaps 27
and barriers for accessing behavioral health services, with estimated 28
dates for these steps; and 29
(E) The oversight and management needed to ensure effective 30
behavioral health care; and 31
(iii) A comparison of the current behavioral health system for 32
families in the perinatal phase, children, youth transitioning into 33
adulthood, and the caregivers of those children and youth that is 34
primarily based on crisis response and inadequate capacity with the 35
behavioral health system vision created by the strategic planning 36
process through a cost-benefit analysis. 37
(b) The work group cochairs shall appoint a chair for the 38
strategic plan advisory group and may invite nonwork group members to 39
p. 53 SB 6063
participate as advisory group members, but the strategic plan 1
advisory group shall include, at a minimum: 2
(i) Community members with lived experience including those with 3
cultural, linguistic, and ethnic diversity, as well as those having 4
diverse experience with behavioral health care invited by the work 5
group cochairs; 6
(ii) A representative from the department of children, youth, and 7
families; 8
(iii) A representative from the department; 9
(iv) A representative from the authority; 10
(v) A representative from the department of health;11
(vi) A representative from the office of homeless youth 12
prevention and protection programs; 13
(vii) A representative from the office of the governor;14
(viii) A representative from the ((developmental disability 15
administration of the )) department of social and health services who 16
works administering developmental disability services;17
(ix) A representative from the office of the superintendent of 18
public instruction; 19
(x) A representative from the office of the insurance 20
commissioner; 21
(xi) A tribal representative; 22
(xii) Two legislative members or alternates from the work group; 23
and 24
(xiii) Individuals invited by the work group cochairs with 25
relevant subject matter expertise. 26
(c) The health care authority shall conduct competitive 27
procurements as necessary in accordance with chapter 39.26 RCW to 28
select a third-party facilitator to facilitate the strategic plan 29
advisory group. 30
(d) To assist the strategic plan advisory group in its work, the 31
authority, in consultation with the cochairs of the work group, shall 32
select an entity to conduct the activities set forth in this 33
subsection. The health care authority may contract directly with a 34
public agency as defined under RCW 39.34.020 through an interagency 35
agreement. If the health care authority determines, in consultation 36
with the cochairs of the work group, that a public agency is not 37
appropriate for conducting these analyses, the health care authority 38
may select another entity through competitive procurements as 39
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necessary in accordance with chapter 39.26 RCW. The activities that 1
entities selected under this subsection must complete include:2
(i) Following a statewide stakeholder engagement process, a 3
behavioral health landscape analysis for families in the perinatal 4
phase, children, youth transitioning into adulthood, and the 5
caregivers of those children and youth outlining: 6
(A) The current service continuum including the cost of care, 7
delivery service models, and state oversight for behavioral health 8
services covered by medicaid and private insurance;9
(B) Current gaps in the service continuum, areas without access 10
to services, workforce demand, and capacity shortages;11
(C) Barriers to accessing preventative services and necessary 12
care including inequities in service access, affordability, cultural 13
responsiveness, linguistic responsiveness, gender responsiveness, and 14
developmentally appropriate service availability; and15
(D) Incorporated information provided by the 988 crisis hotline 16
crisis response improvement strategy committee; 17
(ii) A gap analysis estimating the prevalence of needs for 18
Washington state behavioral health services for families in the 19
perinatal phase, children, youth transitioning into adulthood, and 20
the caregivers of those children and youth served by medicaid or 21
private insurance, including: 22
(A) The estimated number of families in the perinatal phase, 23
children, youth transitioning into adulthood, and the caregivers of 24
those children and youth who need clinical behavioral health services 25
or could benefit from preventive or early intervention services on an 26
annual basis; 27
(B) The estimated number of expectant parents and caregivers in 28
need of behavioral health services; 29
(C) A collection and analysis of disaggregated data to better 30
understand regional, economic, linguistic, gender, and racial gaps in 31
access to behavioral health services; 32
(D) The estimated costs of providing services that include a 33
range of behavioral health supports that will meet the projected 34
needs of the population; and 35
(E) Recommendations on the distribution of resources to deliver 36
needed services to families in the perinatal phase, children, youth 37
transitioning into adulthood, and the caregivers of those children 38
and youth across multiple settings; and 39
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(iii) An analysis of peer-reviewed publications, evidence-based 1
practices, and other existing practices and guidelines with preferred 2
outcomes regarding the delivery of behavioral health services to 3
families in the perinatal phase, children, youth transitioning into 4
adulthood, and the caregivers of those children and youth across 5
multiple settings including: 6
(A) Approaches to increasing access and quality of care for 7
underserved populations; 8
(B) Approaches to providing developmentally appropriate care;9
(C) The integration of culturally responsive care with effective 10
clinical care practices and guidelines; 11
(D) Strategies to maximize federal reinvestment and resources 12
from any alternative funding sources; and 13
(E) Workforce development strategies that ensure a sustained, 14
representative, and diverse workforce. 15
(e) The strategic plan advisory group shall prioritize its work 16
as follows: 17
(i) Hold its first meeting by September 1, 2022;18
(ii) Provide a progress report on the development of the 19
strategic plan, including a timeline of future strategic plan 20
development steps, to be included in the work group's 2022 annual 21
report required under subsection (10) of this section;22
(iii) Provide a progress report on the development of the 23
strategic plan, including discussion of the work group 24
recommendations that align with the strategic plan development thus 25
far, to be included in the work group's 2024 annual report required 26
under subsection (10) of this section; 27
(iv) Provide a draft strategic plan, along with any materials 28
produced by entities selected under (d) of this subsection, to the 29
work group by August 1, 2025. The draft strategic plan must be 30
developed in coordination with the joint legislative and executive 31
committee on behavioral health established in section 135 (15), 32
chapter 475, Laws of 2023, the department of health, and the health 33
care authority related to the implementation of the 988 crisis 34
hotline. 35
(f) The work group shall discuss the draft strategic plan and 36
adopt a final strategic plan that must be submitted to the governor 37
and the appropriate committees of the legislature at the same time as 38
the work group's 2025 annual report required under subsection (10) of 39
this section. 40
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(7)(a) Staff support for the work group, including administration 1
of work group meetings and preparation of full work group 2
recommendations and reports required under this section, must be 3
provided by the health care authority. 4
(b) Additional staff support for legislative members of the work 5
group may be provided by senate committee services and the house of 6
representatives office of program research. 7
(c) Subject to the availability of amounts appropriated for this 8
specific purpose, the office of the superintendent of public 9
instruction must provide staff support to the school-based behavioral 10
health and suicide prevention advisory group, including 11
administration of advisory group meetings and the preparation and 12
delivery of advisory group recommendations to the full work group.13
(8)(a) Legislative members of the work group are reimbursed for 14
travel expenses in accordance with RCW 44.04.120. Nonlegislative 15
members are not entitled to be reimbursed for travel expenses if they 16
are elected officials or are participating on behalf of an employer, 17
governmental entity, or other organization. Except as provided under 18
(b) of this subsection, any reimbursement for other nonlegislative 19
members is subject to chapter 43.03 RCW. 20
(b) Members of the children and youth behavioral health work 21
group or an advisory group established under this section with lived 22
experience may receive a stipend of up to $200 per day if:23
(i) The member participates in the meeting virtually or in 24
person, even if only participating for one meeting and not on an 25
ongoing basis; and 26
(ii) The member does not receive compensation, including paid 27
leave, from the member's employer or contractor for participation in 28
the meeting. 29
(9) The following definitions apply to this section:30
(a) "A member with lived experience" means an individual who has 31
received behavioral health services or whose family member has 32
received behavioral health services; and 33
(b) "Families in the perinatal phase" means families during the 34
time from pregnancy through one year after birth. 35
(10) Beginning November 1, 2020, and annually thereafter, the 36
work group shall provide recommendations in alignment with subsection 37
(3) of this section to the governor and the legislature. Beginning 38
November 1, 2026, the work group shall include in its annual report a 39
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discussion of how the work group's recommendations align with the 1
final strategic plan described under subsection (6) of this section.2
(11) This section expires December 30, 2029. 3
Sec. 28. RCW 74.29.090 and 2022 c 167 s 6 are each amended to 4
read as follows: 5
The department of social and health services shall:6
(1) Establish a school to work program in all counties in the 7
state to work with all students with intellectual and developmental 8
disabilities who are potentially eligible to receive adult support 9
services from ((the developmental disabilities administration of )) 10
the department under Title 71A RCW and are receiving high school 11
transition services in order to connect these students with supported 12
employment services; and 13
(2) In collaboration with the office of the superintendent of 14
public instruction, the counties administering supported employment 15
services in collaboration with the ((developmental disabilities 16
administration of the department )) component of the department that 17
provides services to eligible persons with intellectual and 18
developmental disabilities under Title 71A RCW , the department of 19
services for the blind, and any other relevant state agency working 20
with students who are potentially eligible for adult support services 21
from the ((developmental disabilities administration of the 22
department)) component of the department that provides services to 23
eligible persons with intellectual and developmental disabilities 24
under Title 71A RCW shall: 25
(a) Create a statewide council to: 26
(i) Establish common guidelines and outcome goals across regional 27
interagency transition networks to ensure equitable access through 28
system navigation for individuals receiving high school transition 29
services and connection to services after leaving the school system; 30
and 31
(ii) Establish a referral and information system that helps 32
students who are potentially eligible for adult support services from 33
the ((developmental disabilities administration of the )) department 34
under Title 71A RCW who are transitioning from high school, and their 35
families or guardians, connect to the necessary services and agencies 36
that support the needs of adults with intellectual and developmental 37
disabilities; and 38
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(b) Establish regional interagency transition networks as 1
proposed in the 2020 transition collaborative summative report. Each 2
regional network shall include representation from schools, counties, 3
the ((developmental disabilities administration of the department )) 4
component of the department that provides services to eligible 5
persons with intellectual and developmental disabilities under Title 6
71A RCW, the regional division of vocational rehabilitation, service 7
providers, community members, and students and families. The regional 8
networks shall identify improvement goals and report no less than 9
annually on progress or barriers to achieving these goals to the 10
statewide council. 11
Sec. 29. RCW 74.39A.009 and 2025 c 108 s 2 are each amended to 12
read as follows: 13
The definitions in this section apply throughout this chapter 14
unless the context clearly requires otherwise. 15
(1) "Adult family home" means a home licensed under chapter 16
70.128 RCW. 17
(2) "Adult residential care" means services provided by an 18
assisted living facility that is licensed under chapter 18.20 RCW and 19
that has a contract with the department under RCW 74.39A.020 to 20
provide personal care services. 21
(3) "Assisted living facility" means a facility licensed under 22
chapter 18.20 RCW. 23
(4) "Assisted living services" means services provided by an 24
assisted living facility that has a contract with the department 25
under RCW 74.39A.010 to provide personal care services, intermittent 26
nursing services, and medication administration services; and the 27
facility provides these services to residents who are living in 28
private apartment-like units. 29
(5) "Community residential service business" means a business 30
that: 31
(a) Is certified by the department of social and health services 32
to provide to individuals who have a developmental disability as 33
defined in RCW 71A.10.020(((6))) (7): 34
(i) Group home services; 35
(ii) Group training home services; 36
(iii) Supported living services; or 37
(iv) Voluntary placement services provided in a licensed staff 38
residential facility for children; 39
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(b) Has a contract with the ((developmental disabilities 1
administration)) department to provide the services identified in (a) 2
of this subsection; and 3
(c) All of the business's long-term care workers are subject to 4
statutory or regulatory training requirements that are required to 5
provide the services identified in (a) of this subsection.6
(6) "Consumer" or "client" means a person who is receiving or has 7
applied for services under this chapter, including a person who is 8
receiving services from an individual provider. 9
(7) "Consumer directed employer" is a private entity that 10
contracts with the department to be the legal employer of individual 11
providers. The consumer directed employer is patterned after the 12
agency with choice model, recognized by the federal centers for 13
medicare and medicaid services for financial management in consumer 14
directed programs. The entity's responsibilities are described in RCW 15
74.39A.515 and throughout this chapter and include: (a) Coordination 16
with the consumer, who is the individual provider's managing 17
employer; (b) withholding, filing, and paying income and employment 18
taxes, including workers' compensation premiums and unemployment 19
taxes, for individual providers; (c) verifying an individual 20
provider's qualifications; and (d) providing other administrative and 21
employment-related supports. The consumer directed employer is a 22
social service agency and its employees are mandated reporters as 23
defined in RCW 74.34.020. 24
(8) "Core competencies" means basic training topics, including 25
but not limited to, communication skills, worker self -care, problem 26
solving, maintaining dignity, consumer directed care, cultural 27
sensitivity, body mechanics, fall prevention, skin and body care, 28
long-term care worker roles and boundaries, supporting activities of 29
daily living, and food preparation and handling. 30
(9) "Cost-effective care" means care provided in a setting of an 31
individual's choice that is necessary to promote the most appropriate 32
level of physical, mental, and psychosocial well-being consistent 33
with client choice, in an environment that is appropriate to the care 34
and safety needs of the individual, and such care cannot be provided 35
at a lower cost in any other setting. But this in no way precludes an 36
individual from choosing a different residential setting to achieve 37
his or her desired quality of life. 38
(10) "Department" means the department of social and health 39
services. 40
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(11) "Developmental disability" has the same meaning as defined 1
in RCW 71A.10.020. 2
(12) "Direct care worker" means a paid caregiver who provides 3
direct, hands-on personal care services to persons with disabilities 4
or the elderly requiring long-term care. 5
(13) "Enhanced adult residential care" means services provided by 6
an assisted living facility that is licensed under chapter 18.20 RCW 7
and that has a contract with the department under RCW 74.39A.010 to 8
provide personal care services, intermittent nursing services, and 9
medication administration services. 10
(14) "Facility" means an adult family home, an assisted living 11
facility, a nursing home, an enhanced services facility licensed 12
under chapter 70.97 RCW, or a facility certified to provide medicare 13
or medicaid services in nursing facilities or intermediate care 14
facilities for individuals with intellectual disabilities under 42 15
C.F.R. Part 483. 16
(15) "Home and community-based services" means services provided 17
in adult family homes, in-home services, and other services 18
administered or provided by contract by the department directly or 19
through contract with area agencies on aging or federally recognized 20
Indian tribes, or similar services provided by facilities and 21
agencies licensed or certified by the department. 22
(16) "Home care aide" means a long-term care worker who is 23
certified as a home care aide by the department of health under 24
chapter 18.88B RCW. 25
(17) "Individual provider" is defined according to RCW 26
74.39A.240. 27
(18) "Legal employer" means the consumer directed employer, which 28
along with the consumer, coemploys individual providers. The legal 29
employer is responsible for setting wages and benefits for individual 30
providers and must comply with applicable laws including, but not 31
limited to, state minimum wage laws, workers compensation, and 32
unemployment insurance laws. 33
(19) "Long-term care" means care and supports delivered 34
indefinitely, intermittently, or over a sustained time to persons of 35
any age who are functionally disabled due to chronic mental or 36
physical illness, disease, chemical dependency, or a medical 37
condition that is permanent, not curable, or is long-lasting and 38
severely limits their mental or physical capacity for self-care. The 39
use of this definition is not intended to expand the scope of 40
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services, care, or assistance provided by any individuals, groups, 1
residential care settings, or professions unless otherwise required 2
by law. 3
(20)(a) "Long-term care workers" include all persons who provide 4
paid, hands-on personal care services for the elderly or persons with 5
disabilities, including but not limited to individual providers of 6
home care services, direct care workers employed by home care 7
agencies or a consumer directed employer, providers of home care 8
services to persons with developmental disabilities under Title 71A 9
RCW, all direct care workers in state -licensed assisted living 10
facilities, enhanced services facilities, and adult family homes, 11
respite care providers, direct care workers employed by community 12
residential service businesses, medical foster home caregivers as 13
under 38 C.F.R. 17.73, and any other direct care worker providing 14
home or community-based services to the elderly or persons with 15
functional disabilities or developmental disabilities.16
(b) "Long-term care workers" do not include: (i) Persons employed 17
by the following facilities or agencies: Nursing homes licensed under 18
chapter 18.51 RCW, hospitals or other acute care settings, 19
residential habilitation centers under chapter 71A.20 RCW, facilities 20
certified under 42 C.F.R., Part 483, hospice agencies subject to 21
chapter 70.127 RCW, adult day care centers, and adult day health care 22
centers; or (ii) persons who are not paid by the state or by a 23
private agency or facility licensed or certified by the state to 24
provide personal care services. 25
(21) "Managing employer" means a consumer who coemploys one or 26
more individual providers and whose responsibilities include (a) 27
choosing potential individual providers and referring them to the 28
consumer directed employer; (b) overseeing the day-to-day management 29
and scheduling of the individual provider's tasks consistent with the 30
plan of care; and (c) dismissing the individual provider when 31
desired. 32
(22) "Nursing home" or "nursing facility" means a facility 33
licensed under chapter 18.51 RCW or certified as a medicaid nursing 34
facility under 42 C.F.R. Part 483, or both. 35
(23) "Person who is functionally disabled" means a person who 36
because of a recognized chronic physical or mental condition or 37
disease, including chemical dependency or developmental disability, 38
is dependent upon others for direct care, support, supervision, or 39
monitoring to perform activities of daily living. "Activities of 40
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daily living," in this context, means self-care abilities related to 1
personal care such as bathing, eating, using the toilet, dressing, 2
and transfer. Instrumental activities of daily living such as 3
cooking, shopping, house cleaning, doing laundry, working, and 4
managing personal finances may also be considered when assessing a 5
person's functional ability to perform activities in the home and the 6
community. 7
(24) "Personal care services" means physical or verbal assistance 8
with activities of daily living and instrumental activities of daily 9
living provided because of a person's functional disability.10
(25) "Population specific competencies" means basic training 11
topics unique to the care needs of the population the long-term care 12
worker is serving, including but not limited to, mental health, 13
dementia, developmental disabilities, young adults with physical 14
disabilities, and older adults. 15
(26) "Qualified instructor" means a registered nurse or other 16
person with specific knowledge, training, and work experience in the 17
provision of direct, hands -on personal care and other assistance 18
services to the elderly or persons with disabilities requiring 19
long-term care. 20
(27) "Secretary" means the secretary of social and health 21
services. 22
(28) "Training partnership" means a joint partnership or trust 23
that includes the office of the governor and the exclusive bargaining 24
representative of individual providers under RCW 74.39A.270 with the 25
capacity to provide training, peer mentoring, and workforce 26
development, or other services to individual providers.27
(29) "Tribally licensed assisted living facility" means an 28
assisted living facility licensed by a federally recognized Indian 29
tribe in which a facility provides services similar to services 30
provided by assisted living facilities licensed under chapter 18.20 31
RCW. 32
Sec. 30. RCW 74.39A.060 and 2018 c 278 s 9 are each amended to 33
read as follows: 34
(1) The ((aging and long-term support administration of the )) 35
department shall establish and maintain a toll-free telephone number 36
for receiving complaints regarding facilities and community 37
residential services businesses as defined in this chapter.38
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(2) Each facility shall post in a place and manner clearly 1
visible to residents and visitors the department's toll-free 2
complaint telephone number and the toll-free number and program 3
description of the long-term care ombuds as required by RCW 4
43.190.050. 5
(3) The ((aging and long-term support administration )) department 6
shall investigate complaints it receives about facilities and 7
community residential services businesses unless the department 8
determines that: (a) The complaint is intended to willfully harass 9
the provider or the provider's employee; or (b) there is no 10
reasonable basis for investigation; or (c) corrective action has been 11
taken as determined by the ombuds or the department.12
(4) The ((aging and long-term support administration )) department 13
shall refer complaints to appropriate state agencies, law enforcement 14
agencies, the attorney general, the long-term care ombuds, or other 15
entities if the department lacks authority to investigate or if its 16
investigation reveals that a follow-up referral to one or more of 17
these entities is appropriate. 18
(5) The department shall adopt rules that include the following 19
complaint investigation protocols: 20
(a) Upon receipt of a complaint, the department shall make a 21
preliminary review of the complaint, assess the severity of the 22
complaint, and assign an appropriate response time. Complaints 23
involving imminent danger to the health, safety, or well-being of a 24
resident must be responded to within two days. When appropriate, the 25
department shall make an on-site investigation within a reasonable 26
time after receipt of the complaint or otherwise ensure that 27
complaints are responded to. 28
(b) The complainant must be: Promptly contacted by the 29
department, unless anonymous or unavailable despite several attempts 30
by the department, and informed of the right to discuss the alleged 31
violations with the inspector and to provide other information the 32
complainant believes will assist the inspector; informed of the 33
department's course of action; and informed of the right to receive a 34
written copy of the investigation report. 35
(c) In conducting the investigation, the department shall 36
interview the complainant, unless anonymous, and shall use its best 37
efforts to interview the vulnerable adult or adults allegedly harmed, 38
and, consistent with the protection of the vulnerable adult shall 39
interview facility staff, any available independent sources of 40
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relevant information, including if appropriate the family members of 1
the vulnerable adult. 2
(d) Substantiated complaints involving harm to a resident, if an 3
applicable law or rule has been violated, shall be subject to one or 4
more of the actions provided in RCW 74.39A.080 or 70.128.160. 5
Whenever appropriate, the department shall also give consultation and 6
technical assistance to the provider. 7
(e) After a department finding of a violation for which a stop 8
placement has been imposed, the department shall make an on-site 9
revisit of the provider within fifteen working days from the request 10
for revisit, to ensure correction of the violation. For violations 11
that are serious or recurring or uncorrected following a previous 12
citation, and create actual or threatened harm to one or more 13
residents' well-being, including violations of residents' rights, the 14
department shall make an on-site revisit as soon as appropriate to 15
ensure correction of the violation. Verification of correction of all 16
other violations may be made by either a department on-site revisit 17
or by written or photographic documentation found by the department 18
to be credible. This subsection does not prevent the department from 19
enforcing license or contract suspensions or revocations. Nothing in 20
this subsection shall interfere with or diminish the department's 21
authority and duty to ensure that the provider adequately cares for 22
residents, including to make departmental on-site revisits as needed 23
to ensure that the provider protects residents and to enforce 24
compliance with this chapter. 25
(f) Substantiated complaints of neglect, abuse, exploitation, or 26
abandonment of residents, or suspected criminal violations, shall 27
also be referred by the department to the appropriate law enforcement 28
agencies, the attorney general, and appropriate professional 29
disciplining authority. 30
(6) The department may provide the substance of the complaint to 31
the licensee or contractor before the completion of the investigation 32
by the department unless such disclosure would reveal the identity of 33
a complainant, witness, or resident who chooses to remain anonymous. 34
Neither the substance of the complaint provided to the licensee or 35
contractor nor any copy of the complaint or related report published, 36
released, or made otherwise available shall disclose, or reasonably 37
lead to the disclosure of, the name, title, or identity of any 38
complainant, or other person mentioned in the complaint, except that 39
the name of the provider and the name or names of any officer, 40
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employee, or agent of the department conducting the investigation 1
shall be disclosed after the investigation has been closed and the 2
complaint has been substantiated. The department may disclose the 3
identity of the complainant if such disclosure is requested in 4
writing by the complainant. Nothing in this subsection shall be 5
construed to interfere with the obligation of the long-term care 6
ombuds program or department staff to monitor the department's 7
licensing, contract, and complaint investigation files for long-term 8
care facilities. 9
(7) The resident has the right to be free of interference, 10
coercion, discrimination, and reprisal from a facility in exercising 11
his or her rights, including the right to voice grievances about 12
treatment furnished or not furnished. A facility that provides long-13
term care services shall not discriminate or retaliate in any manner 14
against a resident, employee, or any other person on the basis or for 15
the reason that such resident or any other person made a complaint to 16
the department, the attorney general, law enforcement agencies, or 17
the long-term care ombuds, provided information, or otherwise 18
cooperated with the investigation of such a complaint. Any attempt to 19
discharge a resident against the resident's wishes, or any type of 20
retaliatory treatment of a resident by whom or upon whose behalf a 21
complaint substantiated by the department has been made to the 22
department, the attorney general, law enforcement agencies, or the 23
long-term care ombuds, within one year of the filing of the 24
complaint, raises a rebuttable presumption that such action was in 25
retaliation for the filing of the complaint. "Retaliatory treatment" 26
means, but is not limited to, monitoring a resident's phone, mail, or 27
visits; involuntary seclusion or isolation; transferring a resident 28
to a different room unless requested or based upon legitimate 29
management reasons; withholding or threatening to withhold food or 30
treatment unless authorized by a terminally ill resident or his or 31
her representative pursuant to law; or persistently delaying 32
responses to a resident's request for service or assistance. A 33
facility that provides long-term care services shall not willfully 34
interfere with the performance of official duties by a long-term care 35
ombuds. The department shall sanction and may impose a civil penalty 36
of not more than three thousand dollars for a violation of this 37
subsection. 38
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NEW SECTION. Sec. 31. This act takes effect July 1, 2026.1
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