(1) It is the intent of the legislature that the department offer voluntary out-of-home services in cases where the sole reason for the child’s out-of-home services is due to the child’s developmental disability and the parent, guardian, or legal custodian has determined that the child would benefit from services outside of the home. If the department does not offer out-of-home services, a petition may be filed and an action pursued under chapter 13.34 RCW.

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Terms Used In Washington Code 71A.28.030

  • Administration: means the department of social and health services developmental disabilities administration. See Washington Code 71A.10.020
  • Department: means the department of social and health services. See Washington Code 71A.10.020
  • Dependent: A person dependent for support upon another.
  • 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.
  • services: means services provided by state or local government to carry out this title. See Washington Code 71A.10.020
(2) Nothing in this section prevents the department of children, youth, and families from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030.
(3) The department must adopt rules for out-of-home services.
(4) As used in this section, “out-of-home services” means the services provided to a child by a provider that is licensed to serve children under chapter 74.15 RCW and is contracted by the department or provided by a state-operated community program of the developmental disabilities administration.