title: RCW 74.20A.360

text:
(1) Notwithstanding any other provision of Washington law, the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the federal social security act may access records of the following nature, in the possession of any agency or entity listed in this section:
(a) Records of state and local agencies, including but not limited to:
(i) The state registrar, including but not limited to records of birth, marriage, and death;
(ii) Tax and revenue records, including, but not limited to, information on residence addresses, employers, and assets;
(iii) Records concerning real and titled personal property;
(iv) Records of occupational, professional, and recreational licenses and records concerning the ownership and control of corporations, partnerships, and other business entities;
(v) Employment security records;
(vi) Records of agencies administering public assistance programs; and
(vii) Records of the department of corrections, and of county and municipal correction or confinement facilities;
(b) Records of public utilities and cable television companies relating to persons who owe or are owed support, or against whom a support obligation is sought, including names and addresses of the individuals, and employers' names and addresses pursuant to RCW 74.20.225 and RCW 74.20A.120; and
(c) Records held by financial institutions, pursuant to RCW 74.20A.370.
(2) Upon the request of the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the social security act, any employer shall provide information as to the employment, earnings, benefits, and residential address and phone number of any employee.
(3) Entities in possession of records described in subsection (1)(a) and (c) of this section must provide information and records upon the request of the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the federal social security act. The division of child support may enter into agreements providing for electronic access to these records.
(4) Public utilities and cable television companies must provide the information in response to a judicial or administrative subpoena issued by the division of child support, the Washington state support registry, or the agency or firm providing child support enforcement services for another state under Title IV-D of the federal social security act.
(5) Entities responding to information requests and subpoenas under this section are not liable for disclosing information pursuant to the request or subpoena.
(6) The division of child support shall maintain all information gathered under this section confidential and shall only disclose this information as provided under RCW 26.23.120.
(7) The division of child support may impose fines for noncompliance with this section using the notice of noncompliance under RCW 74.20A.350.
[ 1997 c 58 s 897.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

catchline: Records access—Confidentiality—Nonliability—Penalty for noncompliance.


doc_type: statute

jurisdiction: wa

title: RCW 74.20A.370

text:
(1) Each calendar quarter financial institutions doing business in the state of Washington shall report to the department the name, record address, social security number or other taxpayer identification number, and other information determined necessary by the department for each individual who maintains an account at such institution and is identified by the department as owing a support debt.
(2) The department and financial institutions shall enter into agreements to develop and operate a data match system, using automated data exchanges to the extent feasible, to minimize the cost of providing information required under subsection (1) of this section.
(3) The department may pay a reasonable fee to a financial institution for conducting the data match not to exceed the actual costs incurred.
(4) A financial institution is not liable for any disclosure of information to the department under this section.
(5) The division of child support shall maintain all information gathered under this section confidential and shall only disclose this information as provided under RCW 26.23.120.
[ 1997 c 58 s 899.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Financial institution data matches.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.20A.900

text:
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
If any method of notification provided for in this chapter is held invalid, service as provided for by the laws of the state of Washington for service of process in a civil action shall be substituted for the method held invalid.
[ 1971 ex.s. c 164 s 27.]
Notes:
Civil procedure—Commencement of actions: Chapter 4.28 RCW.

catchline: Severability—Alternative when method of notification held invalid.


title: RCW 74.20A.910

text:
The repeal of RCW 74.20A.050 and the amendment of RCW 74.20A.030 and 74.20A.250 by this 1979 act is not intended to affect any existing or accrued right, any action or proceeding already taken or instituted, any administrative action already taken, or any rule, regulation, or order already promulgated. The repeal and amendments are not intended to revive any law heretofore repealed.
[ 1979 ex.s. c 171 s 27.]
Notes:
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.

catchline: Savings clause.


title: RCW 74.20A.920

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 180.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 74.25.040

text:
(1) Recipients of temporary assistance for needy families who are employed or participating in a work activity under *section 312 of this act may volunteer or work in a licensed child care facility. Licensed child care facilities participating in this effort shall provide care for the recipient's children and provide for the development of positive child care skills.
(2) The department shall train two hundred fifty recipients of temporary assistance for needy families to become family child care providers or child care center teachers. The department shall offer the training in rural and urban communities. The department shall adopt rules to implement the child care training program in this section.
(3) Recipients trained under this section shall provide child care services to clients of the department for two years following the completion of their child care training.
[ 1997 c 59 s 30; 1997 c 58 s 405; 1994 c 299 s 8.]
Notes:
Reviser's note: *(1) Section 312 of this act was vetoed by the governor.
(2) This section was amended by 1997 c 58 s 405 and by 1997 c 59 s 30, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—1997 c 58: See note following RCW 43.216.710.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.

catchline: Volunteer work—Child care or other work—Training.


title: RCW 74.25A.005

text:
The legislature finds that the restructuring in the Washington economy has created rising public assistance caseloads and declining real wages for Washington workers. There is a profound need to develop partnership programs between the private and public sectors to create new jobs with adequate salaries and promotional opportunities for chronically unemployed and underemployed citizens of the state. Most public assistance recipients want to become financially independent through paid employment. A voluntary program which utilizes public wage subsidies and employer matching salaries has provided a beneficial financial incentive allowing public assistance recipients transition to permanent full-time employment.
[ 1994 c 299 s 19; 1986 c 172 s 1. Formerly RCW 50.63.010.]
Notes:
Report—1994 c 299: "The department of social and health services shall report to the appropriate committees of the house of representatives and senate on the implementation of this employment partnership program for recipients of aid to families with dependent children by October 1, 1995." [ 1994 c 299 s 27.]

catchline: Legislative findings.


title: RCW 74.25A.010

text:
The employment partnership program is created to develop a series of geographically distributed model projects to provide permanent full-time employment for low-income and unemployed persons. The program shall be administered by the department of social and health services. The department shall contract for the program through local public or private nonprofit organizations. The goals of the program are as follows:
(1) To reduce inefficiencies in administration and provide model coordination of agencies with responsibilities for employment and human service delivery to unemployed persons;
(2) To create voluntary financial incentives to simultaneously reduce unemployment and welfare caseloads;
(3) To provide other state and federal support services to the client population to enable economic independence;
(4) To improve partnerships between the public and private sectors designed to move recipients of public assistance into productive employment; and
(5) To provide employers with information on federal targeted jobs tax credit and other state and federal tax incentives for participation in the program.
[ 1994 c 299 s 20; 1986 c 172 s 2. Formerly RCW 50.63.020.]


title: RCW 74.25A.020

text:
The secretary of the department of social and health services shall establish pilot projects that enable grants to be used as a wage subsidy. The department of social and health services shall comply with applicable federal statutes and regulations, and shall seek any waivers from the federal government necessary to operate the employment partnership program. The projects shall be available on an individual case-by-case basis or subject to the limitations outlined in RCW 74.25A.040 for the start-up or reopening of a plant under worker ownership. The projects shall be subject to the following criteria:
(1) It shall be a voluntary program and no person may have any sanction applied for failure to participate.
(2) Employment positions established by this chapter shall not be created as the result of, nor result in, any of the following:
(a) Displacement of current employees, including overtime currently worked by these employees;
(b) The filling of positions that would otherwise be promotional opportunities for current employees;
(c) The filling of a position, before compliance with applicable personnel procedures or provisions of collective bargaining agreements;
(d) The filling of a position created by termination, layoff, or reduction in workforce;
(e) The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific worksite, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoff;
(f) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers;
(g) Decertification of any collective bargaining unit.
(3) Wages shall be paid at the usual and customary rate of comparable jobs and may include a training wage if permitted by applicable federal statutes and regulations;
(4) A recoupment process shall recover state supplemented wages from an employer when a job does not last six months following the subsidization period for reasons other than the employee voluntarily quitting or being fired for good cause as determined by the local employment partnership council under rules prescribed by the secretary;
(5) Job placements shall have promotional opportunities or reasonable opportunities for wage increases;
(6) Other necessary support services such as training, day care, medical insurance, and transportation shall be provided to the extent possible;
(7) Employers shall provide monetary matching funds of at least fifty percent of total wages;
(8) Wages paid to participants shall be a minimum of five dollars an hour; and
(9) The projects shall target the populations in the priority and for the purposes set forth in *RCW 74.25.020, to the extent that necessary support services are available.
[ 1994 c 299 s 21; 1986 c 172 s 3. Formerly RCW 50.63.030.]
Notes:
*Reviser's note: The 1994 c 299 amendments to RCW 74.25.020 were vetoed by the governor. RCW 74.25.020 was subsequently repealed by 1997 c 58 s 322.

catchline: Pilot projects—Grants to be used as wage subsidies—Criteria.


title: RCW 74.25A.030

text:
An employer, before becoming eligible to fill a position under the employment partnership program, shall certify to the local employment partnership council that the employment, offer of employment, or work activity complies with the following conditions:
(1) The conditions of work are reasonable and not in violation of applicable federal, state, or local safety and health standards;
(2) The assignments are not in any way related to political, electoral, or partisan activities;
(3) The employer shall provide industrial insurance coverage as required by Title 51 RCW;
(4) The employer shall provide unemployment compensation coverage as required by Title 50 RCW;
(5) The employment partnership program participants hired following the completion of the program shall be provided benefits equal to those provided to other employees including social security coverage, sick leave, the opportunity to join a collective bargaining unit, and medical benefits.
[ 1994 c 299 s 22; 1986 c 172 s 4. Formerly RCW 50.63.040.]

catchline: Employer eligibility—Conditions.


title: RCW 74.25A.040

text:
Grants may be diverted for the start-up or retention of worker-owned businesses if:
(1) A feasibility study or business plan is completed on the proposed business; and
(2) The project is approved by the loan committee of the *Washington state development loan fund as created by RCW 43.168.110.
[ 1986 c 172 s 5. Formerly RCW 50.63.050.]
Notes:
*Reviser's note: The "Washington state development loan fund" was renamed the "rural Washington loan fund" pursuant to 1999 c 164 s 504.

catchline: Diversion of grants to worker-owned businesses.


title: RCW 74.25A.045

text:
A local employment partnership council shall be established in each pilot project area to assist the department of social and health services in the administration of this chapter and to allow local flexibility in dealing with the particular needs of each pilot project area. Each council shall be primarily responsible for recruiting and encouraging participation of employment providers in the project site. Each council shall be composed of nine members who shall be appointed by the county legislative authority of the county in which the pilot project operates. Councilmembers shall be residents of or employers in the pilot project area in which they are appointed and shall serve three-year terms. The council shall have two members who are current or former recipients of the aid to families with dependent children or temporary assistance for needy families programs or food stamp or benefits program, two members who represent labor, and five members who represent the local business community. In addition, one person representing the local community service office of the department of social and health services, one person representing a community action agency or other nonprofit service provider, and one person from a local city or county government shall serve as nonvoting members.
[ 1998 c 79 s 17; 1997 c 59 s 31; 1994 c 299 s 23.]

catchline: Local employment partnership council.


title: RCW 74.25A.050

text:
Participants shall be considered recipients of temporary assistance for needy families and remain eligible for medicaid benefits even if the participant does not receive a residual grant. Work supplementation participants shall be eligible for (1) the thirty-dollar plus one-third of earned income exclusion from income, (2) the work related expense disregard, and (3) any applicable child care expense disregard deemed available to recipient of aid in computing his or her grant under this chapter, unless prohibited by federal law.
[ 1997 c 59 s 32; 1994 c 299 s 24; 1986 c 172 s 6. Formerly RCW 50.63.060.]

catchline: Program participants—Eligibility for assistance programs.


title: RCW 74.25A.060

text:
An applicant or recipient of aid under this chapter who participates in the employment partnership program shall be guaranteed that the value of the benefits available to him or her before entry into the program shall not be diminished. In addition, a participant employed under this chapter shall be treated in the same manner as are regular employees, and the participant's salary shall be the amount that he or she would have received if employed in that position and not participating under this chapter.
[ 1986 c 172 s 7. Formerly RCW 50.63.070.]

catchline: Program participants—Benefits and salary not to be diminished.


title: RCW 74.25A.070

text:
Applicants for and recipients of aid under this chapter are "individuals in special need" of training as described in section 2 of the federal job training partnership act, 29 U.S.C. Sec. 1501 et seq., "individuals who require special assistance" as provided in section 123 of that act, and "most in need" of employment and training opportunities as described in section 141 of that act.
[ 1986 c 172 s 8. Formerly RCW 50.63.080.]

catchline: Program participants—Classification under federal job training law.


title: RCW 74.25A.080

text:
The department of social and health services shall seek any federal funds available for implementation of this chapter, including, but not limited to, funds available under Title IV of the federal social security act (42 U.S.C. Sec. 601 et seq.) for the job opportunities and basic skills program.
[ 1994 c 299 s 25; 1986 c 172 s 9. Formerly RCW 50.63.090.]

catchline: Department of social and health services to seek federal funds.


title: RCW 74.25A.900

text: See notes following RCW 74.12.400.

catchline: Intent—Finding—Severability—Conflict with federal requirements—1994 c 299.


title: RCW 74.26.010

text:
Notes:
Reviser's note: RCW 74.26.010 was amended by 2020 c 274 s 66 without reference to its repeal by 2020 c 122 s 1. It has been decodified for publication purposes under RCW 1.12.025.

catchline: Legislative intent.


title: RCW 74.29.005

text:
The purposes of this chapter are (1) to rehabilitate individuals with disabilities who have a barrier to employment so that they may prepare for and engage in a gainful occupation; (2) to provide persons with physical, mental, or sensory disabilities with a program of services which will result in greater opportunities for them to enter more fully into life in the community; (3) to promote activities which will assist individuals with disabilities to become self-sufficient and self-supporting; and (4) to encourage and develop community rehabilitation programs, job support services, and other resources needed by individuals with disabilities.
[ 1993 c 213 s 1; 1969 ex.s. c 223 s 28A.10.005. Prior: 1967 c 118 s 1. Formerly RCW 28A.10.005, 28.10.005.]

catchline: Purpose.


title: RCW 74.29.010

text:
(1) "Department" means the department of social and health services.
(2) "Independence" means a reasonable degree of restoration from dependency upon others to self-direction and greater control over circumstances of one's life for personal needs and care and includes but is not limited to the ability to live in one's home.
(3) "Individual with disabilities" means an individual:
(a) Who has a physical, mental, or sensory disability, which requires vocational rehabilitation services to prepare for, enter into, engage in, retain, or engage in and retain gainful employment consistent with his or her capacities and abilities; or
(b) Who has a physical, mental, or sensory impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of vocational rehabilitation or independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment.
(4) "Individual with severe disabilities" means an individual with disabilities:
(a) Who has a physical, mental, or sensory impairment that seriously limits one or more functional capacities, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, in terms of employment outcome, and/or independence and participation in family or community life;
(b) Whose rehabilitation can be expected to require multiple rehabilitation services over an extended period of time; and
(c) Who has one or more physical, mental, or sensory disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and rehabilitation needs to cause comparable substantial functional limitation.
(5) "Job support services" means ongoing goods and services provided after vocational rehabilitation, subject to available funds, that support an individual with severe disabilities in employment. Such services include, but are not limited to, extraordinary supervision or job coaching.
(6) "Physical, mental, or sensory disability" means a physical, mental, or sensory condition which materially limits, contributes to limiting or, if not corrected or accommodated, will probably result in limiting an individual's activities or functioning.
(7) "Rehabilitation services" means goods or services provided to: (a) Determine eligibility and rehabilitation needs of individuals with disabilities, and/or (b) enable individuals with disabilities to attain or retain employment and/or independence, and/or (c) contribute substantially to the rehabilitation of a group of individuals with disabilities. To the extent federal funds are available, goods and services may include, but are not limited to, the establishment, construction, development, operation and maintenance of community rehabilitation programs and independent living centers, as well as special demonstration projects.
[ 2022 c 167 s 1. Prior: 2010 c 94 s 26; 1993 c 213 s 2; 1970 ex.s. c 18 s 52; 1969 ex.s. c 223 s 28A.10.010; prior: 1967 ex.s. c 8 s 41; 1967 c 118 s 2; 1957 c 223 s 1; 1933 c 176 s 2; RRS s 4925-2. Formerly RCW 28A.10.010, 28.10.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Purpose—2010 c 94: See note following RCW 44.04.280.
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.

catchline: Definitions.


title: RCW 74.29.020

text:
Subject to available funds, and consistent with federal law and regulations the department shall:
(1) Develop statewide rehabilitation programs;
(2) Provide vocational rehabilitation services, independent living services, and/or job support services to individuals with disabilities or severe disabilities;
(3) Disburse all funds provided by law and may receive, accept and disburse such gifts, grants, conveyances, devises and bequests of real and personal property from public or private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out rehabilitation services as specified by law and the regulations of the department; and may sell, lease or exchange real or personal property according to the terms and conditions thereof. Any money so received shall be deposited in the state treasury for investment, reinvestment or expenditure in accordance with the conditions of its receipt and RCW 43.88.180;
(4) Appoint and fix the compensation and prescribe the duties, of the personnel necessary for the administration of this chapter, unless otherwise provided by law;
(5) Make exploratory studies, do reviews, and research relative to rehabilitation;
(6) Coordinate with the state rehabilitation advisory council and the state independent living advisory council on the administration of the programs;
(7) Report to the governor and to the legislature on the administration of this chapter, as requested; and
(8) Adopt rules, in accord with chapter 34.05 RCW, necessary to carry out the purposes of this chapter.
[ 2022 c 167 s 2; 1993 c 213 s 3; 1969 ex.s. c 223 s 28A.10.020. Prior: 1967 ex.s. c 8 s 42; 1967 c 118 s 6; 1963 c 135 s 1; 1957 c 223 s 3; 1933 c 176 s 3; RRS s 4925-3. Formerly RCW 28A.10.020, 28.10.030.]

catchline: Powers and duties of department.


title: RCW 74.29.037

text:
The department may establish cooperative agreements with other state and local agencies.
[ 2022 c 167 s 3; 1993 c 213 s 6; 1969 ex.s. c 223 s 28A.10.037. Prior: 1967 ex.s. c 8 s 45; 1967 c 118 s 7. Formerly RCW 28A.10.037, 28.10.037.]

catchline: Cooperative agreements with state and local agencies.


title: RCW 74.29.050

text:
The state of Washington does hereby:
(1) Accept the provisions and maximum possible benefits resulting from any acts of congress which provide benefits for the purposes of this chapter;
(2) Designate the state treasurer as custodian of all moneys received by the state from appropriations made by the congress of the United States for purposes of this chapter, and authorize the state treasurer to make disbursements therefrom upon the order of the department; and
(3) Empower and direct the department to cooperate with the federal government in carrying out the provisions of this chapter or of any federal law or regulation pertaining to vocational rehabilitation, and to comply with such conditions as may be necessary to assure the maximum possible benefits resulting from any such federal law or regulation.
[ 2022 c 167 s 4; 1969 ex.s. c 223 s 28A.10.050. Prior: 1967 ex.s. c 8 s 43; 1967 c 118 s 9; 1957 c 223 s 5; 1955 c 371 s 1; 1933 c 176 s 5; RRS s 4925-5. Formerly RCW 28A.10.050, 28.10.050.]

catchline: Acceptance of federal aid—Generally.


title: RCW 74.29.055

text:
If any part of this chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict, and such findings or determination shall not affect the operation of the remainder of this chapter.
[ 1969 ex.s. c 223 s 28A.10.055. Prior: 1967 c 118 s 10. Formerly RCW 28A.10.055, 28.10.055.]

catchline: Acceptance of federal aid—Construction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds.


title: RCW 74.29.080

text:
(1) Determination of eligibility and need for rehabilitation services and determination of eligibility for job support services shall be made by the department for each individual according to its established rules, policies, procedures, and standards.
(2) The department may purchase, from any source, rehabilitation services and job support services for individuals with disabilities, subject to the individual's income or other resources that are available to contribute to the cost of such services.
(3) The department shall maintain registers of individuals and organizations which meet required standards and qualify to provide rehabilitation services and job support services to individuals with disabilities. Eligibility of such individuals and organizations shall be based upon standards and criteria promulgated by the department.
[ 2022 c 167 s 5; 1993 c 213 s 4; 1983 1st ex.s. c 41 s 16; 1979 c 151 s 11; 1972 ex.s. c 15 s 1; 1970 ex.s. c 18 s 53; 1970 ex.s. c 15 s 23; 1969 ex.s. c 223 s 28A.10.080. Prior: 1969 c 105 s 2; 1967 ex.s. c 8 s 46; 1967 c 118 s 8. Formerly RCW 28A.10.080, 28.10.080.]
Notes:
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.

catchline: Rehabilitation and job support services—Procedure—Register of eligible individuals and organizations.


title: RCW 74.29.090

text:
The department of social and health services shall:
(1) Establish a school to work program in all counties in the state to work with all students with intellectual and developmental disabilities who are potentially eligible to receive adult support services from the developmental disabilities administration of the department and are receiving high school transition services in order to connect these students with supported employment services; and
(2) In collaboration with the office of the superintendent of public instruction, the counties administering supported employment services in collaboration with the developmental disabilities administration of the department, the department of services for the blind, and any other relevant state agency working with students who are potentially eligible for adult support services from the developmental disabilities administration of the department shall:
(a) Create a statewide council to:
(i) Establish common guidelines and outcome goals across regional interagency transition networks to ensure equitable access through system navigation for individuals receiving high school transition services and connection to services after leaving the school system; and
(ii) Establish a referral and information system that helps students who are potentially eligible for adult support services from the developmental disabilities administration of the department who are transitioning from high school, and their families or guardians, connect to the necessary services and agencies that support the needs of adults with intellectual and developmental disabilities; and
(b) Establish regional interagency transition networks as proposed in the 2020 transition collaborative summative report. Each regional network shall include representation from schools, counties, the developmental disabilities administration of the department, the regional division of vocational rehabilitation, service providers, community members, and students and families. The regional networks shall identify improvement goals and report no less than annually on progress or barriers to achieving these goals to the statewide council.
[ 2022 c 167 s 6.]

catchline: School to work program.


title: RCW 74.31.005

text:
The center for disease control estimates that at least five million three hundred thousand Americans, approximately two percent of the United States population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a traumatic brain injury. Each year approximately one million four hundred thousand people in this country, including children, sustain traumatic brain injuries as a result of a variety of causes including falls, motor vehicle injuries, being struck by an object, or as a result of an assault and other violent crimes, including domestic violence. Additionally, there are significant numbers of veterans who sustain traumatic brain injuries as a result of their service in the military.
Prevention and the provision of appropriate supports and services in response to traumatic brain injury are consistent with the governor's executive order No. 10-01, "Implementing Health Reform the Washington Way," which recognizes protection of public health and the improvement of health status as essential responsibilities of the public health system.
Traumatic brain injury can cause a wide range of functional changes affecting thinking, sensation, language, or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age. The impact of a traumatic brain injury on the individual and family can be devastating.
The legislature recognizes that current programs and services are not funded or designed to address the diverse needs of this population. It is the intent of the legislature to develop a comprehensive plan to help individuals with traumatic brain injuries meet their needs. The legislature also recognizes the efforts of many in the private sector who are providing services and assistance to individuals with traumatic brain injuries. The legislature intends to bring together those in both the public and private sectors with expertise in this area to address the needs of this growing population.
[ 2011 c 143 s 1; 2007 c 356 s 1.]
Notes:
Short title—2007 c 356: "This act may be known and cited as the Tommy Manning act." [ 2007 c 356 s 11.]

catchline: Findings—Intent.


title: RCW 74.31.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of social and health services.
(2) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020.
(3) "Secretary" means the secretary of social and health services.
(4) "Traumatic brain injury" means injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, and physical assaults. Documentation of traumatic brain injury shall be based on adequate medical history, neurological examination, mental status testing, or neuropsychological evaluation. A traumatic brain injury shall be of sufficient severity to result in impairments in one or more of the following areas: Cognition; language memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; or information processing. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
(5) "Traumatic brain injury account" means the account established under RCW 74.31.060.
(6) "Council" means the Washington traumatic brain injury strategic partnership advisory council created under RCW 74.31.020.
[ 2007 c 356 s 2.]
Notes:
Short title—2007 c 356: See note following RCW 74.31.005.


title: RCW 74.31.020

text:
(1) The Washington traumatic brain injury strategic partnership advisory council is established as an advisory council to the governor, the legislature, and the secretary of the department of social and health services.
(2) The council shall be composed of:
(a) The following members who shall be appointed by the governor:
(i) A representative from a Native American tribe located in Washington state;
(ii) Two representatives from a nonprofit organization serving individuals with traumatic brain injury;
(iii) An individual with expertise in working with children with traumatic brain injuries;
(iv) A physician who has experience working with individuals with traumatic brain injuries;
(v) A neuropsychologist who has experience working with persons with traumatic brain injuries;
(vi) A social worker or clinical psychologist who has experience in working with persons who have sustained traumatic brain injuries;
(vii) A rehabilitation specialist, such as a speech pathologist, vocational rehabilitation counselor, occupational therapist, or physical therapist who has experience working with persons with traumatic brain injuries;
(viii) Two persons who are individuals with a traumatic brain injury;
(ix) Two persons who are family members of individuals with traumatic brain injuries; and
(x) Two members of the public who have experience with issues related to the causes of traumatic brain injuries; and
(b) The following agency members:
(i) The secretary or the secretary's designee, and representatives from the following: The division of behavioral health and recovery services, the aging and disability services administration, and the division of vocational rehabilitation;
(ii) The secretary of health or the secretary's designee;
(iii) The secretary of corrections or the secretary's designee;
(iv) The secretary of children, youth, and families or the secretary's designee;
(v) A representative of the department of commerce with expertise in housing;
(vi) A representative from the Washington state department of veterans affairs;
(vii) A representative from the national guard; and
(viii) The executive director of the Washington protection and advocacy system or the executive director's designee.
(3) Councilmembers shall not be compensated for serving on the council, but may be reimbursed for all reasonable expenses related to costs incurred in participating in meetings for the council.
(4) No member may serve more than two consecutive terms.
(5) The appointed members of the council shall, to the extent possible, represent rural and urban areas of the state.
(6) A chairperson shall be elected every two years by majority vote from among the councilmembers. The chairperson shall act as the presiding officer of the council.
(7) The duties of the council include:
(a) Collaborating with the department to develop and revise as needed a comprehensive statewide plan to address the needs of individuals with traumatic brain injuries;
(b) Providing recommendations to the department on criteria to be used to select programs facilitating support groups for individuals with traumatic brain injuries and their families under RCW 74.31.050;
(c) By January 15, 2013, and every two years thereafter, developing a report in collaboration with the department and submitting it to the legislature and the governor on the following:
(i) Identifying the activities of the council in the implementation of the comprehensive statewide plan;
(ii) Recommendations for the revisions to the comprehensive statewide plan;
(iii) Recommendations for using the traumatic brain injury account established under RCW 74.31.060 to form strategic partnerships and to foster the development of services and supports for individuals impacted by traumatic brain injuries; and
(iv) Recommendations for a council staffing plan for council support under RCW 74.31.030.
(8) The council may utilize the advice or services of a nationally recognized expert, or other individuals as the council deems appropriate, to assist the council in carrying out its duties under this section.
[ 2019 c 181 s 3; 2018 c 58 s 55; 2011 c 143 s 2; 2007 c 356 s 3.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Short title—2007 c 356: See note following RCW 74.31.005.

catchline: Washington traumatic brain injury strategic partnership advisory council—Members—Expenses—Appointment—Duties.


title: RCW 74.31.030

text:
(1) In response to council recommendations developed pursuant to RCW 74.31.020, the department shall include in the comprehensive statewide plan a staffing plan for providing adequate support for council activities for positions funded by the traumatic brain injury account established in RCW 74.31.060 and designate at least one staff person who shall be responsible for the following:
(a) Coordinating policies, programs, and services for individuals with traumatic brain injuries; and
(b) Providing staff support to the council created in RCW 74.31.020.
(2) The department shall provide data and information to the council established under RCW 74.31.020 that is requested by the council and is in the possession or control of the department.
(3) The department shall implement, within funds appropriated for this specific purpose, the comprehensive statewide plan to address the needs of individuals impacted by traumatic brain injuries, including the use of public-private partnerships and a public awareness campaign. The comprehensive plan should be created in collaboration with the council and should consider the following:
(a) Building provider capacity and provider training;
(b) Improving the coordination of services;
(c) The feasibility of establishing agreements with private sector agencies or tribal governments to develop services for individuals with traumatic brain injuries; and
(d) Other areas the council deems appropriate.
(4) The department shall:
(a) Assure that information and referral services are provided to individuals with traumatic brain injuries. The referral services may be funded from the traumatic brain injury account established under RCW 74.31.060;
(b) Encourage and facilitate the following:
(i) Collaboration among state agencies that provide services to individuals with traumatic brain injuries;
(ii) Collaboration among organizations and entities that provide services to individuals with traumatic brain injuries; and
(iii) Community participation in program implementation; and
(c) Have the authority to accept, expend, or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purpose of this chapter.
[ 2011 c 143 s 3; 2010 1st sp.s. c 37 s 943; 2007 c 356 s 4.]
Notes:
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Short title—2007 c 356: See note following RCW 74.31.005.

catchline: Staff support—Department powers and duties—Comprehensive plan.


title: RCW 74.31.040

text:
In collaboration with the council, the department shall conduct a public awareness campaign that utilizes funding from the traumatic brain injury account to leverage a private advertising campaign to persuade Washington residents to be aware and concerned about the issues facing individuals with traumatic brain injuries through all forms of media including internet, television, radio, and print. The public awareness campaign must also include information on the availability and benefits of in-person peer support groups, community integration programs, and other services designed to assist individuals with traumatic brain injuries and their families.
[ 2025 c 364 s 3; 2011 c 143 s 4; 2007 c 356 s 5.]
Notes:
Finding—2025 c 364: See note following RCW 46.63.110.
Short title—2007 c 356: See note following RCW 74.31.005.

catchline: Public awareness campaign.


title: RCW 74.31.050

text:
(1) The department shall provide funding from the traumatic brain injury account established by RCW 74.31.060 to programs that facilitate support groups to individuals with traumatic brain injuries and their families.
(2) The department shall use a request for proposal process to select the programs to receive funding. The council shall provide recommendations to the department on the criteria to be used in selecting the programs.
(3) At least 30 percent of the annual expenditures from the traumatic brain injury account must be allocated to in-person support groups and community integration activities. The department shall ensure that funds dedicated to in-person support groups, the expansion of structured programs that facilitate direct peer-to-peer connection for individuals and family members impacted by traumatic brain injuries, and community integration programs prioritize peer engagement and are not disproportionately allocated to virtual-only support structures or other department-affiliated programs that do not. The council shall review and approve annual funding proposals for in-person support and community integration programs to ensure transparency and adherence to legislative intent. The department shall make every effort to disburse the incremental revenue that is the result of the fee under RCW 46.63.110(7)(c) or federal funds under RCW 74.31.060(2) in a diverse manner to include rural areas of the state.
[ 2025 c 364 s 4; 2011 c 143 s 5; 2007 c 356 s 6.]
Notes:
Finding—2025 c 364: See note following RCW 46.63.110.
Short title—2007 c 356: See note following RCW 74.31.005.


title: RCW 74.31.060

text:
(1) The traumatic brain injury account is created in the state treasury. The fee imposed under RCW 46.63.110(7)(c) must be deposited into the account. Except for the 2025-2027 fiscal biennium, when the treasurer shall transfer $1,111,000 to the general fund—state, moneys in the account may be spent only after appropriation, and may be used only to support the activities in the statewide traumatic brain injury comprehensive plan, to provide a public awareness campaign and services relating to traumatic brain injury under RCW 74.31.040 and 74.31.050, for information and referral services, and for costs of required department staff who are providing support for the council under RCW 74.31.020 and 74.31.030. Additionally, at least 30 percent of the annual expenditures from the account must be for in-person support groups and community integration activities that promote social connections between individuals impacted by traumatic brain injury. The secretary of the department of social and health services shall administer the funds in alignment with the priorities outlined in this section and ensure compliance with all allocation requirements. The department must make every effort to disburse the incremental revenue that is the result of the fee increased under RCW 46.63.110(7)(c) in a diverse manner to include rural areas of the state.
(2) The department shall proactively seek, apply for, and secure federal funding opportunities, including but not limited to grants available through the administration for community living and other federal programs. These efforts must be conducted in coordination with the council and in alignment with the council's mission and priorities. Federal funds obtained pursuant to this subsection must supplement the fee amounts collected pursuant to RCW 46.63.110(7)(c) and must be deposited into the traumatic brain injury account. The department shall ensure that any federal funds received enhance, rather than supplant, existing state funding dedicated to in-person support groups, community integration activities, and peer-to-peer recovery initiatives.
(3) A minimum of 30 percent of the annual fee revenue collected under RCW 46.63.110(7)(c) must be used exclusively for:
(a) Establishing and maintaining peer led and community-based in-person support groups for individuals with a traumatic brain injury and their families;
(b) Developing structured skills-building programs designed to promote social integration and functional recovery for individuals of all ages, including pediatric-focused initiatives;
(c) Supporting initiatives that provide direct peer-to-peer mentoring and navigation assistance for newly injured individuals and their families, including hospital-to-community transition support; and
(d) Ensuring equitable access to support groups and community-based programs across urban and rural regions.
[ 2025 c 424 s 981; 2025 c 364 s 5; 2019 c 181 s 2; 2011 c 143 s 6; 2010 1st sp.s. c 37 s 944; 2007 c 356 s 7.]
Notes:
Reviser's note: This section was amended by 2025 c 364 s 5 and by 2025 c 424 s 981, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 424: See note following RCW 9.46.100.
Finding—2025 c 364: See note following RCW 46.63.110.
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Short title—2007 c 356: See note following RCW 74.31.005.

catchline: Traumatic brain injury account.


title: RCW 74.31.070

text:
(1) The department, in consultation with the council and at least one representative of a community-based domestic violence program and one medical professional with experience treating survivors of domestic violence, shall develop recommendations to improve the statewide response to traumatic brain injuries suffered by domestic violence survivors. In developing recommendations, the department may consider the creation of an educational handout, to be updated on a periodic basis, regarding traumatic brain injury to be provided to victims of domestic violence. The handout may include the information and screening tool described in subsection (2) of this section.
(2)(a) The department, in consultation with the council, shall establish and recommend or develop content for a statewide website for victims of domestic violence to include:
(i) An explanation of the potential for domestic abuse to lead to traumatic brain injury;
(ii) Information on recognizing cognitive, behavioral, and physical symptoms of traumatic brain injury as well as potential impacts to a person's emotional well-being and mental health;
(iii) A self-screening tool for traumatic brain injury; and
(iv) Recommendations for persons with traumatic brain injury to help address or cope with the injury.
(b) The department must update the website created under this subsection on a periodic basis.
[ 2019 c 110 s 1.]

catchline: Statewide response to traumatic brain injuries suffered by domestic violence survivors—Recommendations—Educational handout—Website.


title: RCW 74.34.005

text:
The legislature finds and declares that:
(1) Some adults are vulnerable and may be subjected to abuse, neglect, financial exploitation, or abandonment by a family member, care provider, or other person who has a relationship with the vulnerable adult;
(2) A vulnerable adult may be home bound or otherwise unable to represent himself or herself in court or to retain legal counsel in order to obtain the relief available under this chapter or other protections offered through the courts;
(3) A vulnerable adult may lack the ability to perform or obtain those services necessary to maintain his or her well-being because he or she lacks the capacity for consent;
(4) A vulnerable adult may have health problems that place him or her in a dependent position;
(5) The department and appropriate agencies must be prepared to receive reports of abandonment, abuse, financial exploitation, or neglect of vulnerable adults;
(6) The department must provide protective services in the least restrictive environment appropriate and available to the vulnerable adult.
[ 1999 c 176 s 2.]
Notes:
Findings—Purpose—1999 c 176: "The legislature finds that the provisions for the protection of vulnerable adults found in chapters 26.44, 70.124, and 74.34 RCW contain different definitions for abandonment, abuse, exploitation, and neglect. The legislature finds that combining the sections of these chapters that pertain to the protection of vulnerable adults would better serve this state's population of vulnerable adults. The purpose of chapter 74.34 RCW is to provide the department and law enforcement agencies with the authority to investigate complaints of abandonment, abuse, financial exploitation, or neglect of vulnerable adults and to provide protective services and legal remedies to protect these vulnerable adults." [ 1999 c 176 s 1.]
Severability—1999 c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 176 s 36.]
Conflict with federal requirements—1999 c 176: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1999 c 176 s 37.]

catchline: Findings.


title: RCW 74.34.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.
(2) "Abuse" means the intentional, willful, or reckless action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, and personal exploitation of a vulnerable adult, and improper use of restraint against a vulnerable adult which have the following meanings:
(a) "Sexual abuse" means any form of nonconsensual sexual conduct, including but not limited to unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, and sexual harassment. Sexual abuse also includes any sexual conduct between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter 71A.12 RCW, whether or not it is consensual.
(b) "Physical abuse" means the intentional, willful, or reckless action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, or prodding.
(c) "Mental abuse" means an intentional, willful, or reckless verbal or nonverbal action that threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably confines, or punishes a vulnerable adult. Mental abuse may include ridiculing, yelling, or swearing.
(d) "Personal exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.
(e) "Improper use of restraint" means the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline or in a manner that: (i) Is inconsistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter 71A.12 RCW; (ii) is not medically authorized; or (iii) otherwise constitutes abuse under this section.
(3) "Chemical restraint" means the administration of any drug to manage a vulnerable adult's behavior in a way that reduces the safety risk to the vulnerable adult or others, has the temporary effect of restricting the vulnerable adult's freedom of movement, and is not standard treatment for the vulnerable adult's medical or psychiatric condition.
(4) "Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.
(5) "Department" means the department of social and health services.
(6) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, assisted living facilities; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; chapter 71A.20 RCW, residential habilitation centers; any other facility licensed or certified by the department; or a medical foster home as defined in 38 C.F.R. 17.73.
(7) "Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage. "Financial exploitation" includes, but is not limited to:
(a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult;
(b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or
(c) Obtaining or using a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.
(8) "Financial institution" has the same meaning as in RCW 30A.22.040 and 30A.22.041. For purposes of this chapter only, "financial institution" also means a "broker-dealer" or "investment adviser" as defined in RCW 21.20.005.
(9) "Hospital" means a facility licensed under chapter 70.41 or 71.12 RCW or a state hospital defined in chapter 72.23 RCW and any employee, agent, officer, director, or independent contractor thereof.
(10) "Individual provider" has the same meaning as in RCW 74.39A.240.
(11) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of the vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests.
(12)(a) "Isolate" or "isolation" means to restrict a vulnerable adult's ability to communicate, visit, interact, or otherwise associate with persons of his or her choosing. Isolation may be evidenced by acts including but not limited to:
(i) Acts that prevent a vulnerable adult from sending, making, or receiving his or her personal mail, electronic communications, or telephone calls; or
(ii) Acts that prevent or obstruct the vulnerable adult from meeting with others, such as telling a prospective visitor or caller that a vulnerable adult is not present, or does not wish contact, where the statement is contrary to the express wishes of the vulnerable adult.
(b) The term "isolate" or "isolation" may not be construed in a manner that prevents a guardian or limited guardian from performing his or her fiduciary obligations under chapter 11.130 RCW or prevents a hospital or facility from providing treatment consistent with the standard of care for delivery of health services.
(13) "Mandated reporter" is an employee of the department or the department of children, youth, and families; law enforcement officer; social worker; professional school personnel; individual provider; an operator of a facility or a certified residential services and supports agency under chapter 71A.12 RCW; an employee of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, hospice, or certified residential services and supports agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.
(14) "Mechanical restraint" means any device attached or adjacent to the vulnerable adult's body that he or she cannot easily remove that restricts freedom of movement or normal access to his or her body. "Mechanical restraint" does not include the use of devices, materials, or equipment that are (a) medically authorized, as required, and (b) used in a manner that is consistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter 71A.12 RCW.
(15) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.
(16) "Permissive reporter" means any person, including, but not limited to, an employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults.
(17) "Physical restraint" means the application of physical force without the use of any device, for the purpose of restraining the free movement of a vulnerable adult's body. "Physical restraint" does not include (a) briefly holding without undue force a vulnerable adult in order to calm or comfort him or her, or (b) holding a vulnerable adult's hand to safely escort him or her from one area to another.
(18) "Protective services" means any services provided by the department to a vulnerable adult with the consent of the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially exploited, neglected, or in a state of self-neglect. These services may include, but are not limited to case management, social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.
(19) "Self-neglect" means the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being. This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider.
(20) "Social worker" means:
(a) A social worker as defined in RCW 18.320.010(2); or
(b) Anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of vulnerable adults, or providing social services to vulnerable adults, whether in an individual capacity or as an employee or agent of any public or private organization or institution.
(21) "Vulnerable adult" includes a person:
(a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or
(b) Subject to a guardianship under RCW 11.130.265 or adult subject to conservatorship under RCW 11.130.360; or
(c) Who has a developmental disability as defined under RCW 71A.10.020; or
(d) Admitted to any facility; or
(e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or
(f) Receiving services from an individual provider; or
(g) Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.
(22) "Vulnerable adult advocacy team" means a team of three or more persons who coordinate a multidisciplinary process, in compliance with chapter 266, Laws of 2017 and the protocol governed by RCW 74.34.320, for preventing, identifying, investigating, prosecuting, and providing services related to abuse, neglect, or financial exploitation of vulnerable adults.
[ 2025 c 108 s 3; 2023 c 44 s 1; 2021 c 215 s 162; 2020 c 312 s 735; 2019 c 325 s 5030; 2018 c 201 s 9016. Prior: 2017 c 268 s 2; 2017 c 266 s 12; 2015 c 268 s 1; 2013 c 263 s 1; 2012 c 10 s 62; prior: 2011 c 170 s 1; 2011 c 89 s 18; 2010 c 133 s 2; 2007 c 312 s 1; 2006 c 339 s 109; 2003 c 230 s 1; 1999 c 176 s 3; 1997 c 392 s 523; 1995 1st sp.s. c 18 s 84; 1984 c 97 s 8.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2019 c 325 ss 1003 and 5030: See note following RCW 71.24.016.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Finding—Intent—2017 c 266: See note following RCW 9A.42.020.
Application—2012 c 10: See note following RCW 18.20.010.
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Intent—2006 c 339: "It is the intent of the legislature to provide assistance for jurisdictions enforcing illegal drug laws that have historically been underserved by federally funded state narcotics task forces and are considered to be major transport areas of narcotics traffickers." [ 2006 c 339 s 103.]
Part headings not law—2006 c 339: "Part headings used in this act are no part of the law." [ 2006 c 339 s 401.]
Effective date—2003 c 230: "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 [May 12, 2003]." [ 2003 c 230 s 3.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.


title: RCW 74.34.025

text:
The cost of benefits and services provided to a vulnerable adult under this chapter with state funds only does not constitute an obligation or lien and is not recoverable from the recipient of the services or from the recipient's estate, whether by lien, adjustment, or any other means of recovery.
[ 1999 c 176 s 4; 1997 c 392 s 304.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Limitation on recovery for protective services and benefits.


title: RCW 74.34.035

text:
(1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.
(2) When there is reason to suspect that sexual assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.
(3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:
(a) Mandated reporters shall immediately report to the department; and
(b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.
(4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:
(a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;
(b) There is a fracture;
(c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or
(d) There is an attempt to choke a vulnerable adult.
(5) When there is reason to suspect that the death of a vulnerable adult was caused by abuse, neglect, or abandonment by another person, mandated reporters shall, pursuant to RCW 68.50.020, report the death to the medical examiner or coroner having jurisdiction, as well as the department and local law enforcement, in the most expeditious manner possible. A mandated reporter is not relieved from the reporting requirement provisions of this subsection by the existence of a previously signed death certificate. If abuse, neglect, or abandonment caused or contributed to the death of a vulnerable adult, the death is a death caused by unnatural or unlawful means, and the body shall be the jurisdiction of the coroner or medical examiner pursuant to RCW 68.50.010.
(6) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.
(7) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.
(8) Each report, oral or written, must contain as much as possible of the following information:
(a) The name and address of the person making the report;
(b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;
(c) The name and address of the legal guardian or alternate decision maker;
(d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;
(e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;
(f) The identity of the alleged perpetrator, if known; and
(g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.
(9) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.
(10) In conducting an investigation of abandonment, abuse, financial exploitation, self-neglect, or neglect, the department or law enforcement, upon request, must have access to all relevant records related to the vulnerable adult that are in the possession of mandated reporters and their employees, unless otherwise prohibited by law. Records maintained under RCW 4.24.250, 18.20.390, 43.70.510, 70.41.200, 70.230.080, and 74.42.640 shall not be subject to the requirements of this subsection. Providing access to records relevant to an investigation by the department or law enforcement under this provision may not be deemed a violation of any confidential communication privilege. Access to any records that would violate attorney-client privilege shall not be provided without a court order unless otherwise required by court rule or case law.
[ 2013 c 263 s 2; 2010 c 133 s 4; 2003 c 230 s 2; 1999 c 176 s 5.]
Notes:
Effective date—2003 c 230: See note following RCW 74.34.020.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.


title: RCW 74.34.040

text:
The reports made under *RCW 74.34.030 shall contain the following information if known:
(1) Identification of the vulnerable adult;
(2) The nature and extent of the suspected abuse, neglect, exploitation, or abandonment;
(3) Evidence of previous abuse, neglect, exploitation, or abandonment;
(4) The name and address of the person making the report; and
(5) Any other helpful information.
Unless there is a judicial proceeding or the person consents, the identity of the person making the report is confidential.
[ 1986 c 187 s 2; 1984 c 97 s 10.]
Notes:
*Reviser's note: RCW 74.34.030 was repealed by 1999 c 176 s 35.

catchline: Reports—Contents—Identity confidential.


title: RCW 74.34.050

text:
(1) A person participating in good faith in making a report under this chapter or testifying about alleged abuse, neglect, abandonment, financial exploitation, or self-neglect of a vulnerable adult in a judicial or administrative proceeding under this chapter is immune from liability resulting from the report or testimony. The making of permissive reports as allowed in this chapter does not create any duty to report and no civil liability shall attach for any failure to make a permissive report as allowed under this chapter.
(2) Conduct conforming with the reporting and testifying provisions of this chapter shall not be deemed a violation of any confidential communication privilege. Nothing in this chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW.
[ 1999 c 176 s 6; 1997 c 386 s 34; 1986 c 187 s 3; 1984 c 97 s 11.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.

catchline: Immunity from liability.


title: RCW 74.34.053

text:
(1) A person who is required to make a report under this chapter and who knowingly fails to make the report is guilty of a gross misdemeanor.
(2) A person who intentionally, maliciously, or in bad faith makes a false report of alleged abandonment, abuse, financial exploitation, or neglect of a vulnerable adult is guilty of a misdemeanor.
[ 1999 c 176 s 7.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Failure to report—False reports—Penalties.


title: RCW 74.34.063

text:
(1) The department shall initiate a response to a report, no later than twenty-four hours after knowledge of the report, of suspected abandonment, abuse, financial exploitation, neglect, or self-neglect of a vulnerable adult.
(2) When the initial report or investigation by the department indicates that the alleged abandonment, abuse, financial exploitation, or neglect may be criminal, the department shall make an immediate report to the appropriate law enforcement agency. The department and law enforcement will coordinate in investigating reports made under this chapter. The department may provide protective services and other remedies as specified in this chapter.
(3) The law enforcement agency or the department shall report the incident in writing to the proper county prosecutor or city attorney for appropriate action whenever the investigation reveals that a crime may have been committed.
(4) Upon request, the department and law enforcement shall share information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable adults with each other, consistent with RCW 74.04.060, chapter 42.56 RCW, and other applicable confidentiality laws.
(5) Unless prohibited by federal law, the department of social and health services may share with the department of children, youth, and families information contained in reports and findings of abandonment, abuse, financial exploitation, and neglect of vulnerable adults.
(6) The department shall notify the proper licensing authority concerning any report received under this chapter that alleges that a person who is professionally licensed, certified, or registered under Title 18 RCW has abandoned, abused, financially exploited, or neglected a vulnerable adult.
[ 2023 c 44 s 2; 2017 3rd sp.s. c 6 s 818; 2005 c 274 s 354; 1999 c 176 s 8.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Response to reports—Timing—Reports to law enforcement agencies—Notification to licensing authority.


title: RCW 74.34.067

text:
(1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged abandonment, abuse, financial exploitation, neglect, or self-neglect.
(2) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.
(3) The department may conduct ongoing case planning and consultation with: (a) Those persons or agencies required to report under this chapter or submit a report under this chapter; (b) consultants designated by the department; and (c) designated representatives of Washington Indian tribes if client information exchanged is pertinent to cases under investigation or the provision of protective services. Information considered privileged by statute and not directly related to reports required by this chapter must not be divulged without a valid written waiver of the privilege.
(4) The department shall prepare and keep on file a report of each investigation conducted by the department for a period of time in accordance with policies established by the department.
(5) If the department has reason to believe that the vulnerable adult has suffered from abandonment, abuse, financial exploitation, neglect, or self-neglect, and lacks the ability or capacity to consent, and needs the protection of a guardian, the department may bring a guardianship, conservatorship, or other protective proceedings under chapter 11.130 RCW.
(6) For purposes consistent with this chapter, the department, the certified professional guardian [guardianship] board, and the *office of public guardianship may share information contained in reports and investigations of the abuse, abandonment, neglect, self-neglect, and financial exploitation of vulnerable adults. This information may be used solely for (a) recruiting or appointing appropriate guardians and (b) monitoring, or when appropriate, disciplining certified professional or public guardians. Reports of abuse, abandonment, neglect, self-neglect, and financial exploitation are confidential under RCW 74.34.095 and other laws, and secondary disclosure of information shared under this section is prohibited.
(7) When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult. The vulnerable adult has the right to withdraw or refuse protective services.
(8) The department's adult protective services division may enter into agreements with federally recognized tribes to investigate reports of abandonment, abuse, financial exploitation, neglect, or self-neglect of vulnerable adults on property over which a federally recognized tribe has exclusive jurisdiction. If the department has information that abandonment, abuse, financial exploitation, or neglect is criminal or is placing a vulnerable adult on tribal property at potential risk of personal or financial harm, the department may notify tribal law enforcement or another tribal representative specified by the tribe. Upon receipt of the notification, the tribe may assume jurisdiction of the matter. Neither the department nor its employees may participate in the investigation after the tribe assumes jurisdiction. The department, its officers, and its employees are not liable for any action or inaction of the tribe or for any harm to the alleged victim, the person against whom the allegations were made, or other parties that occurs after the tribe assumes jurisdiction. Nothing in this section limits the department's jurisdiction and authority over facilities or entities that the department licenses or certifies under federal or state law.
(9) The department may photograph a vulnerable adult or their environment for the purpose of providing documentary evidence of the physical condition of the vulnerable adult or his or her environment. When photographing the vulnerable adult, the department shall obtain permission from the vulnerable adult or his or her legal representative unless immediate photographing is necessary to preserve evidence. However, if the legal representative is alleged to have abused, neglected, abandoned, or exploited the vulnerable adult, consent from the legal representative is not necessary. No such consent is necessary when photographing the physical environment.
(10) When the investigation is complete and the department determines that the incident of abandonment, abuse, financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred, consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants.
[ 2020 c 312 s 736; 2013 c 263 s 3; 2011 c 170 s 2; 2007 c 312 s 2; 1999 c 176 s 9.]
Notes:
*Reviser's note: The "office of public guardianship" was renamed the "office of public guardianship and conservatorship" by 2020 c 312 s 403.
Effective dates—2020 c 312: See note following RCW 11.130.915.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Investigations—Interviews—Ongoing case planning—Agreements with tribes—Conclusion of investigation.


title: RCW 74.34.068

text:
(1) After the investigation is complete, the department may provide a written report of the outcome of the investigation to an agency or program described in this subsection when the department determines from its investigation that an incident of abuse, abandonment, financial exploitation, or neglect occurred. Agencies or programs that may be provided this report are home health, hospice, or home care agencies, or after January 1, 2002, any in-home services agency licensed under chapter 70.127 RCW, a program authorized under chapter 71A.12 RCW, an adult day care or day health program, behavioral health administrative services organizations and managed care organizations authorized under chapter 71.24 RCW, or other agencies. The report may contain the name of the vulnerable adult and the alleged perpetrator. The report shall not disclose the identity of the person who made the report or any witness without the written permission of the reporter or witness. The department shall notify the alleged perpetrator regarding the outcome of the investigation. The name of the vulnerable adult must not be disclosed during this notification.
(2) The department may also refer a report or outcome of an investigation to appropriate state or local governmental authorities responsible for licensing or certification of the agencies or programs listed in subsection (1) of this section.
(3) The department shall adopt rules necessary to implement this section.
[ 2019 c 325 s 5031; 2014 c 225 s 103; 2001 c 233 s 2.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Finding—2001 c 233: "The legislature recognizes that vulnerable adults, while living in their own homes, may be abused, neglected, financially exploited, or abandoned by individuals entrusted to provide care for them. The individuals who abuse, neglect, financially exploit, or abandon vulnerable adults may be employed by, under contract with, or volunteering for an agency or program providing care for vulnerable adults. The legislature has given the department of social and health services the responsibility to investigate complaints of abandonment, abuse, financial exploitation, or neglect of vulnerable adults and to provide protective services and other legal remedies to protect these vulnerable adults. The legislature finds that in order to continue to protect vulnerable adults, the department of social and health services be given the authority to release report information and to release the results of an investigation to the agency or program with which the individual investigated is employed, contracted, or engaged as a volunteer." [ 2001 c 233 s 1.]

catchline: Investigation results—Report—Rules.


title: RCW 74.34.070

text:
The department may develop cooperative agreements with community-based agencies providing services for vulnerable adults. The agreements shall cover: (1) The appropriate roles and responsibilities of the department and community-based agencies in identifying and responding to reports of alleged abuse; (2) the provision of case-management services; (3) standardized data collection procedures; and (4) related coordination activities.
[ 1999 c 176 s 10; 1997 c 386 s 35; 1995 1st sp.s. c 18 s 87; 1984 c 97 s 13.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Cooperative agreements for services.


title: RCW 74.34.080

text:
If access is denied to an employee of the department seeking to investigate an allegation of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult by an individual, the department may seek an injunction to prevent interference with the investigation. The court shall issue the injunction if the department shows that:
(1) There is reasonable cause to believe that the person is a vulnerable adult and is or has been abandoned, abused, financially exploited, or neglected; and
(2) The employee of the department seeking to investigate the report has been denied access.
[ 1999 c 176 s 11; 1984 c 97 s 14.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Injunctions.


title: RCW 74.34.090

text:
The department shall maintain a system for statistical data collection, accessible for bona fide research only as the department by rule prescribes. The identity of any person is strictly confidential.
[ 1984 c 97 s 15.]

catchline: Data collection system—Confidentiality.


title: RCW 74.34.095

text:
(1) The following information is confidential and not subject to disclosure, except as provided in this section:
(a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;
(b) The identity of the person making the report; and
(c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.
(2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, or 74.39A RCW, the long-term care ombuds programs under federal law or state law, chapter 43.190 RCW, or the office of the developmental disabilities ombuds program under chapter 43.382 RCW.
(3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.
(4)(a) Except as provided in (b) of this subsection, upon a request for information regarding a specifically named vulnerable adult, the department may disclose only the following information:
(i) Whether or not a report was received;
(ii) The status of the report; and
(iii) The outcome of an investigation.
(b) The department may not disclose any information regarding a specifically named vulnerable adult if any of the following circumstances apply:
(i) The information concerns a vulnerable adult residing in or receiving services from a department licensed or certified facility or provider where an unannounced investigation in response to the report has not been initiated;
(ii) The requester is the alleged perpetrator;
(iii) The department has a reasonable belief that disclosure may compromise any investigation by a law enforcement agency, disciplinary authority, the department, or the department of children, youth, and families; or
(iv) The department has a reasonable belief that the information may endanger any person.
[ 2023 c 44 s 3; 2013 c 23 s 218; 2000 c 87 s 4; 1999 c 176 s 17.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Confidential information—Disclosure.


title: RCW 74.34.110

text:
A vulnerable adult, or interested person on behalf of the vulnerable adult, may seek relief from abandonment, abuse, financial exploitation, or neglect, or the threat thereof, by filing a petition for a vulnerable adult protection order under chapter 7.105 RCW.
[ 2021 c 215 s 163; 2007 c 312 s 3; 1999 c 176 s 12; 1986 c 187 s 5.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Protection of vulnerable adults—Petition for protective order.


title: RCW 74.34.165

text:
The department may adopt rules relating to the reporting, investigation, and provision of protective services in in-home settings, consistent with the objectives of this chapter.
[ 1999 c 176 s 18.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.

catchline: Rules.


title: RCW 74.34.170

text:
The provision of services under RCW * 74.34.030, 74.34.040, 74.34.050, and ** 74.34.100 through 74.34.160 are discretionary and the department shall not be required to expend additional funds beyond those appropriated.
[ 1986 c 187 s 10.]
Notes:
Reviser's note: *(1) RCW 74.34.030 was repealed by 1999 c 176 s 35.
**(2) RCW 74.34.100 was recodified as RCW 74.34.015 pursuant to 1995 1st sp.s. c 18 s 89, effective July 1, 1995. RCW 74.34.015 was subsequently repealed by 1999 c 176 s 35. RCW 74.34.115 through 74.34.160 were repealed by 2021 c 215 s 170, effective July 1, 2022.

catchline: Services of department discretionary—Funding.


title: RCW 74.34.180

text:
(1) An employee or contractor who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department or the department of health about suspected abandonment, abuse, financial exploitation, or neglect by any person in a facility, licensed or required to be licensed, or care provided in a facility or in a home setting, by any person associated with a hospice, home care, or home health agency licensed under chapter 70.127 RCW or other in-home provider, may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.
(2)(a) An attempt to expel a resident from a facility, or any type of discriminatory treatment of a resident who is a consumer of hospice, home health, home care services, or other in-home services by whom, or upon whose behalf, a complaint substantiated by the department or the department of health has been submitted to the department or the department of health or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint.
(b) The presumption is rebutted by credible evidence establishing the alleged retaliatory action was initiated prior to the complaint.
(c) The presumption is rebutted by a review conducted by the department that shows that the resident or consumer's needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident.
(3) For the purposes of this section:
(a) "Whistleblower" means a resident or a person with a mandatory duty to report under this chapter, or any person licensed under Title 18 RCW, who in good faith reports alleged abandonment, abuse, financial exploitation, or neglect to the department, or the department of health, or to a law enforcement agency;
(b) "Workplace reprisal or retaliatory action" means, but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a facility or an agency licensed under chapter 70.127 RCW from: (i) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (ii) for facilities licensed under chapter 70.128 RCW, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases in which a whistleblower has been terminated or had hours of employment reduced because of the inability of a facility to meet payroll; and
(c) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
(4) This section does not prohibit a facility or an agency licensed under chapter 70.127 RCW from exercising its authority to terminate, suspend, or discipline any employee who engages in workplace reprisal or retaliatory action against a whistleblower.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.
(6)(a) Any vulnerable adult who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination may not for that reason alone be considered abandoned, abused, or neglected.
(b) Any vulnerable adult may not be considered abandoned, abused, or neglected under this chapter by any health care provider, facility, facility employee, agency, agency employee, or individual provider who participates in good faith in the withholding or withdrawing of life-sustaining treatment from a vulnerable adult under chapter 70.122 RCW, or who acts in accordance with chapter 7.70 RCW or other state laws to withhold or withdraw treatment, goods, or services.
(7) The department, and the department of health for facilities, agencies, or individuals it regulates, shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.
[ 1999 c 176 s 14; 1997 c 392 s 202.]
Notes:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Retaliation against whistleblowers and residents—Remedies—Rules.