Washington Code 71A.20.140 – Resident desiring to leave center — Authority to hold resident limited
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(1) If a resident of a residential habilitation center desires to leave the center and the secretary believes that departures may be harmful to the resident, the secretary may hold the resident at the residential habilitation center for a period not to exceed forty-eight hours in order to consult with the person‘s legal representative as provided in RCW 71A.10.070 as to the best interests of the resident.
Terms Used In Washington Code 71A.20.140
- 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. 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
(2) The secretary shall adopt rules to provide for the application of subsection (1) of this section in a manner that protects the constitutional rights of the resident.
(3) Neither the secretary nor any person taking action under this section shall be civilly or criminally liable for performing duties under this section if such duties were performed in good faith and without gross negligence.
[ 1988 c 176 § 714.]