As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

Washington Code 71A.10.020

Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.

Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.

Department: means the department of social and health services. See Washington Code 71A.10.020

Developmental disability: means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. See Washington Code 71A.10.020

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Habilitative services: means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. See Washington Code 71A.10.020

person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080

Residential habilitation center: means a state-operated facility for persons with developmental disabilities governed by chapter 71A. See Washington Code 71A.10.020

Secretary: means the secretary of social and health services or the secretary's designee. See Washington Code 71A.10.020

services: means services provided by state or local government to carry out this title. See Washington Code 71A.10.020

Supported living: means community residential services and housing which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports provided to individuals with disabilities who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. See Washington Code 71A.10.020

(1) “Administration” means the department of social and health services developmental disabilities administration.

(2) “Assessment” means an evaluation is provided by the department to determine:

(a) If the individual meets functional and financial criteria for medicaid services; and

(b) The individual’s support needs for service determination.

(3) “Community residential support services,” or “community support services,” and “in-home services” means one or more of the services listed in RCW 71A.12.040.

(4) “Crisis stabilization services” means services provided to persons with developmental disabilities who are experiencing behaviors that jeopardize the safety and stability of their current living situation. Crisis stabilization services include:

(a) Temporary intensive services and supports, typically not to exceed sixty days, to prevent psychiatric hospitalization, institutional placement, or other out-of-home placement; and

(b) Services designed to stabilize the person and strengthen their current living situation so the person may continue to safely reside in the community during and beyond the crisis period.

(5) “Department” means the department of social and health services.

(6) “Developmental disability” means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. By June 30, 2025, the administration shall promulgate rules to further define developmental disability without the use of intelligence quotient scores.

(7) “Eligible person” means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

(8) “Habilitative services” means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

(9) “Legal representative” means a parent of a person who is under eighteen years of age, a person’s legal guardian, a person’s limited guardian when the subject matter is within the scope of the limited guardianship, a person’s attorney-at-law, a person’s attorney-in-fact, or any other person who is authorized by law to act for another person.

(10) “Notice” or “notification” of an action of the secretary means notice in compliance with RCW 71A.10.060.

(11) “Residential habilitation center” means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

(12) “Respite services” means relief for families and other caregivers of people with disabilities, typically not to exceed ninety days, to include both in-home and out-of-home respite care on an hourly and daily basis, including twenty-four hour care for several consecutive days. Respite care workers provide supervision, companionship, and personal care services temporarily replacing those provided by the primary caregiver of the person with disabilities. Respite care may include other services needed by the client, including medical care which must be provided by a licensed health care practitioner.

(13) “Secretary” means the secretary of social and health services or the secretary’s designee.

(14) “Service” or “services” means services provided by state or local government to carry out this title.

(15) “Service request list” means a list of eligible persons who have received an assessment for service determination and their assessment shows that they meet the eligibility requirements for the requested service but were denied access due to funding limits.

(16) “State-operated living alternative” means programs for community residential services which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports to individuals who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. State-operated living alternatives are operated and staffed with state employees.

(17) “Supported living” means community residential services and housing which may include assistance with activities of daily living, behavioral, habilitative, interpersonal, protective, medical, nursing, and mobility supports provided to individuals with disabilities who have been assessed by the department as meeting state and federal requirements for eligibility in home and community-based waiver programs for individuals with developmental disabilities. Supported living services are provided under contracts with private agencies or with individuals who are not state employees.

(18) “Vacancy” means an opening at a residential habilitation center, which when filled, would not require the center to exceed its biennially budgeted capacity.

Findings—2022 c 277: “The legislature finds that requiring intelligence quotient testing to determine if a person has an intellectual or developmental disability is expensive, inaccessible to marginalized communities, complicated to receive, and time consuming for families already struggling to care for their child with an intellectual or developmental disability. Further, the legislature finds that intelligence quotient testing does not accurately indicate whether a person needs support to be personally and socially productive, which is the goal of the developmental disabilities administration outlined in RCW 71A.10.015. Therefore, the legislature finds that requiring intelligence quotient testing in assessing whether a person has an intellectual or developmental disability is not an appropriate diagnostic tool and eliminating the use of intelligence quotient scores has been a goal of the legislature for more than 40 years.” [ 2022 c 277 § 1.]

Finding—Intent—Program development—Implementation—Program funding—2014 c 139: See notes following RCW 71A.16.050.

Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.

Purpose—2010 c 94: See note following RCW 44.04.280.

Effective date—1998 c 216: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 1998].” [ 1998 c 216 § 10.]