title: RCW 73.16.041

text:
When any elective officer of this state or any political subdivision thereof, including any judicial officer, shall enter upon active service or training as provided in RCW 73.16.031, 73.16.033 and 73.16.035, the proper officer, board or other agency, which would ordinarily be authorized to grant leave of absence or fill a vacancy created by the death or resignation of the elective official so ordered to such service, shall grant an extended leave of absence to cover the period of such active service or training and may appoint a temporary successor to the position so vacated. No leave of absence provided for herein shall operate to extend the term for which the occupant of any elective position shall have been elected.
[ 1953 c 212 s 4.]

catchline: Leaves of absence of elective and judicial officers.


doc_type: statute

jurisdiction: wa

title: RCW 73.16.051

text:
Any person who is entitled to be restored to a position in accordance with this chapter shall be considered as having been on furlough or leave of absence, from his or her position of employment, during his or her period of active military duty or service, or period of service in any of the other uniformed services, and he or she shall be so restored without loss of seniority. He or she shall further be entitled to participate in insurance, vacations, retirement pay, and other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was ordered into the service; and he or she shall not be discharged from such position without cause within one year after restoration.
[ 2026 c 207 s 13; 2001 c 133 s 7; 1953 c 212 s 5.]
Notes:
Findings—2026 c 207: See note following RCW 41.04.010.
Effective date—2001 c 133: See note following RCW 73.16.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Restoration without loss of seniority or benefits.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 73.16.053

text:
(1) If a person, or the person's dependents, have coverage under a health plan in connection with the person's position of state employment, and the person is absent from his or her position of state employment by reason of service in the uniformed services, the plan shall provide that the person may elect to continue the coverage as provided in this section. The maximum period of coverage of a person and person's dependents under such an election shall be the lesser of:
(a) The eighteen-month period beginning on the date on which the person's absence begins; or
(b) The day after the date on which the person fails to apply for or return to a position of state employment, as determined under RCW 73.16.035.
(2) A person who elects to continue health plan coverage under this section may be required to pay not more than one hundred two percent of the full premium under the plan associated with the coverage for the state employer's other employees, except that in the case of a person who performs service in the uniformed services for less than thirty-one days, the person may not be required to pay more than the employee share, if any, for the coverage.
(3) Except as provided in subsection (2) of this section, if a person's coverage under a health plan was terminated because of service in the uniformed services, an exclusion or waiting period may not be imposed in connection with the reinstatement of the coverage upon reemployment under this chapter if an exclusion or waiting period would not have been imposed under a health plan had coverage of the person by the plan not been terminated as a result of his or her service. This subsection applies to the person who is reemployed and to any dependent who is covered by the plan because of the reinstatement of the coverage of the person.
[ 2001 c 133 s 8.]
Notes:
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Continuation of health plan coverage during absence—Reinstatement of health plan coverage upon reemployment.


title: RCW 73.16.055

text:
(1)(a) In the case of a right provided under any state law governing pension benefits for state employees, the right to pension benefits of a person reemployed under this chapter shall be determined under this section.
(b) A person reemployed under this chapter shall be treated as not having incurred a break in service with the state because of the person's period of service in the uniformed services.
(c) Each period served by a person in the uniformed services shall, upon reemployment under this chapter, be deemed to constitute service with the state for the purpose of determining the nonforfeitability of the person's accrued benefits and for the purpose of determining the accrual of benefits under the plan.
(2) When the state is reemploying a person under this chapter, the state is liable to an employee pension benefit plan for funding any obligation of the plan to provide the pension benefits described in this section and shall allocate the amounts of any employer contribution for the person in the same manner and to the same extent the allocation occurs for other employees during the period of service. For purposes of determining the amount of such liability and any obligation of the plan, earnings and forfeitures shall not be included. For purposes of determining the amount of such liability and purposes of a state law governing pension benefits for state employees, service in the uniformed services that is deemed under subsection (1) of this section to be service with the state shall be deemed to be service with the state under the terms of the plan or any applicable collective bargaining agreement.
(3) A person reemployed by the state under this chapter is entitled to accrued benefits pursuant to subsection (1)(a) of this section that are contingent on the making of, or derived from, employee contributions or elective deferrals (as defined in section 402(g)(3) of the internal revenue code of 1986) only to the extent the person makes payment to the plan with respect to such contributions or deferrals. No such payment may exceed the amount the person would have been permitted or required to contribute had the person remained continuously employed by the state throughout the period of uniformed service. Any payment to the plan described in this subsection shall be made during the period beginning with the date of reemployment and whose duration is three times the period of the person's services, such payment period in the uniformed services, not to exceed five years.
(4) For purposes of computing an employer's liability of the employee's contributions under subsection (2) of this section, the employee's compensation during the period of service shall be computed:
(a) At the rate the employee would have received but for the period of service in subsection (1)(b) of this section; or
(b) In the case that the determination of such rate is not reasonably certain, on the basis of the employee's average rate of compensation during the twelve-month period immediately preceding such period or if shorter, the period of employment immediately preceding such period.
[ 2001 c 133 s 9.]
Notes:
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Determination of pension benefits and liabilities for reemployed persons.


title: RCW 73.16.061

text:
(1) If any employer, or any employer's successor or successors, fails or refuses to comply with the provisions of RCW 73.16.031 through 73.16.061 and 73.16.090, the attorney general must bring action in the superior court in the county in which the employer is located or does business to obtain an order to specifically require such employer to comply with the provisions of this chapter, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful act if:
(a) The service in question was state duty not covered by the uniformed services employment and reemployment rights act of 1994, P.L. 103-353 (38 U.S.C. Sec. 4301 et seq.); and
(b) The adjutant general of the Washington state military department, or his or her designee, has inquired with the employer regarding the matter and has been unable to resolve it.
(2) If the conditions in subsection (1)(a) and (b) of this section are met, any such person who does not desire the services of the attorney general may, by private counsel, bring such action.
[ 2016 c 12 s 1; 2013 c 23 s 190; 2001 c 133 s 10; 1953 c 212 s 6.]
Notes:
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Enforcement of provisions.


title: RCW 73.16.070

text:
The federal uniformed services employment and reemployment rights act, P.L. 103-353, as amended, is hereby specifically declared to apply in proper cases in all the courts of this state.
[ 2014 c 65 s 7; 2001 c 133 s 11; 1941 c 201 s 5; Rem. Supp. 1941 s 10758-7.]
Notes:
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Federal act to apply in state courts.


title: RCW 73.16.080

text:
An offset of any military pay for temporary service in the uniformed services in a particular week against the salary of a bona fide executive, administrative, or professional employee in a particular week shall not be a factor in determining whether the employee is exempt under *RCW 49.46.010(5)(c).
[ 2001 c 133 s 12.]
Notes:
*Reviser's note: RCW 49.46.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (3). RCW 49.46.010 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (3) to subsection (4).
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Bona fide executive, administrative, and professional employees—Offset of military pay.


title: RCW 73.16.090

text:
This chapter shall not supersede, nullify, or diminish any federal or state law, ordinance, rule, regulation, contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.
[ 2001 c 133 s 13.]
Notes:
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Application of chapter—Other rights and benefits preserved.


title: RCW 73.16.100

text:
The legislature declares that the public policies articulated in chapter 133, Laws of 2001 depend on the procedures established in chapter 133, Laws of 2001. No civil or criminal action may be maintained relying on the public policies articulated in chapter 133, Laws of 2001 without complying with the procedures in this chapter. To that end, all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this chapter.
[ 2001 c 133 s 14.]
Notes:
Effective date—2001 c 133: See note following RCW 73.16.005.

catchline: Legislative declaration—Other civil actions abolished.


title: RCW 73.16.110

text:
(1) The legislature intends to establish a permissive preference in private employment for certain veterans and military spouses.
(2) In every private, nonpublic employment in this state, soldiers, sailors, marines, airmen, guardians, and uniformed service members, with a qualifying discharge as defined in RCW 73.04.005, and their widows or widowers, may be preferred for employment. Spouses of active duty service members and spouses of veterans with a qualifying discharge as defined in RCW 73.04.005 who have a service connected permanent and total disability may also be preferred for employment. These preferences are not considered violations of any state or local equal employment opportunity law, including but not limited to any statute or regulation adopted under chapter 49.60 RCW.
(3) "Veteran" has the same meanings as defined in RCW 41.04.005 and 41.04.007, and includes a current member of the national guard or armed forces reserves who has been deployed to serve in an armed conflict.
[ 2026 c 207 s 14; 2011 c 144 s 1.]
Notes:
Findings—2026 c 207: See note following RCW 41.04.010.

catchline: Preference in private employment—Permissive.


title: RCW 73.16.120

text:
(1) The department of veterans affairs, employment security department, and department of commerce shall consult local chambers of commerce, associate development organizations, and businesses to initiate a demonstration campaign to increase veteran employment. This campaign may include partnerships with chambers of commerce that result in business owners sharing, with the local chamber of commerce, information on the number of veterans employed and the local chambers of commerce providing this information to the department of veterans affairs.
(2) Participants in the campaign are encouraged to work with the Washington state military transition council and county veterans' advisory boards as defined in RCW 73.08.035.
(3) Funding for the campaign shall be established from existing resources.
(4) For the purposes of this section, "veteran" has the definition given in RCW 41.04.007.
[ 2024 c 146 s 34; 2015 c 57 s 2.]
Notes:
Intent—2024 c 146: See note following RCW 73.04.005.
Findings—Intent—2015 c 57: "The legislature finds that veterans are national heroes who have made great sacrifices in their lives for the protection of our nation. The legislature recognizes that many of these veterans reside in Washington where there are a high number of military installations.
Over six hundred thousand veterans reside in Washington. The legislature finds that the unemployment rate among these veterans is of great concern, particularly among young veterans. In 2014, the unemployment rate for veterans between the ages of eighteen and twenty-five was approximately twenty-one percent, despite having such diverse and valued skill sets, including expertise in fields such as health care or technology, and strong discipline and leadership abilities.
The legislature recognizes the importance of facilitating and focusing on the hiring of our veterans.
For these reasons, the legislature intends to create a statewide campaign to increase veteran employment in Washington by engaging state agencies, local governments, and businesses." [ 2015 c 57 s 1.]

catchline: Veteran employment demonstration campaign.


title: RCW 73.16.900

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 172.]

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


title: RCW 73.20.010

text:
In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed, before or by any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army or marine corps, or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other component part of the armed forces of the United States, by any person who either:
(1) Is a member of the armed forces of the United States; or
(2) Is serving as a merchant seaman or seawoman outside the limits of the United States included within the forty-eight states and the District of Columbia; or
(3) Is outside said limits by permission, assignment, or direction of any department or official of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged.
Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby declared legal, valid, and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act, had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law.
In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as his or her act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.
If the signature, rank, and branch of service or subdivision thereof, of any such commissioned officer appear upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section.
[ 2013 c 23 s 191; 1945 c 271 s 1; Rem. Supp. 1945 s 10758-13a. See also, 1943 c 47. Formerly RCW 73.20.010 through 73.20.040.]
Notes:
Acknowledgments, generally: Chapter 64.08 RCW.

catchline: Acknowledgments.


title: RCW 73.20.050

text:
No agency created by a power of attorney in writing given by a principal who is at the time of execution, or who, after executing such power of attorney, becomes either (1) a member of the armed forces of the United States, or (2) a person serving as a merchant seaman outside the limits of the United States, included within the forty-eight states and the District of Columbia; or (3) a person outside said limits by permission, assignment or direction of any department or official of the United States government, in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, shall have acted or shall act, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees, or personal representatives of the principal.
[ 1945 c 139 s 1; Rem. Supp. 1945 s 10758-70.]
Notes:
Severability—1945 c 139: "If any provision of this act or the application thereof to any person or circumstance be held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable." [ 1945 c 139 s 5.]

catchline: Agency created by power of attorney not revoked by unverified report of death.


title: RCW 73.20.060

text:
An affidavit, executed by the attorney-in-fact or agent, setting forth that the maker of the power of attorney is a member of the armed forces of the United States or within the class of persons described in RCW 73.20.050, and that he or she has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death or otherwise, or notice of any facts indicating the same, shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such time. If the exercise of the power requires execution and delivery of any instrument which is recordable under the laws of this state, such affidavit shall likewise be recordable.
[ 2012 c 117 s 507; 1945 c 139 s 2; Rem. Supp. 1945 s 10758-71.]

catchline: Affidavit of agent as to knowledge of revocation.


title: RCW 73.20.070

text:
No report or listing, either official or otherwise, of "missing" or "missing in action", as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency.
[ 1945 c 139 s 3; Rem. Supp. 1945 s 10758-72.]

catchline: "Missing in action" report not construed as actual knowledge.


title: RCW 73.20.080

text:
RCW 73.20.050 through 73.20.070 shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney.
[ 1945 c 139 s 4; Rem. Supp. 1945 s 10758-73.]

catchline: Provision in power for revocation not affected.


title: RCW 73.24.020

text:
The director of the department of enterprise services is hereby authorized and directed to contract with Olympia Lodge No. 1, F.& A.M., a corporation for the improvement and perpetual care of the state veterans' plot in the Masonic cemetery at Olympia; such care to include the providing of proper curbs and walks, cultivating, reseeding and fertilizing grounds, repairing and resetting the bases and monuments in place on the ground, leveling grounds, and transporting and setting headstones for graves of persons hereafter buried on the plot.
[ 2011 1st sp.s. c 43 s 257; 1937 c 36 s 1; RRS s 10758-1.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Cemeteries, endowment and nonendowment care: Chapters 68.40, 68.44 RCW.

catchline: Contract for care of veterans' plot at Olympia.


title: RCW 73.24.030

text:
The said plot shall be available, to the extent such space is available, without charge or cost for the burial of persons who have served in the army, navy, or marine corps in the United States, in the Spanish-American war, Philippine insurrection, or the Chinese Relief Expedition, or who served in any said branches of said service at any time between April 21, 1898 and July 4, 1902 and any veteran as defined in RCW 41.04.007.
[ 2002 c 292 s 10; 1977 c 31 s 4; 1937 c 36 s 2; RRS s 10758-2.]

catchline: Authorized burials in plot.


title: RCW 73.36.010

text:
As used in this chapter:
"Person" means an individual, a partnership, a corporation, or an association.
"Veterans administration" means the veterans administration, its predecessors or successors.
"Income" means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith.
"Estate" means income on hand and assets acquired partially or wholly with "income."
"Benefits" means all moneys paid or payable by the United States through the veterans administration.
"Administrator" means the administrator of veterans affairs of the United States or his or her successor.
"Ward" means a beneficiary of the veterans administration.
"Guardian" means any fiduciary for the person or estate of a ward.
[ 2012 c 117 s 508; 1951 c 53 s 1.]

catchline: Terms defined.


title: RCW 73.36.020

text:
The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the veterans administration. Not less than fifteen days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the veterans administration having jurisdiction over the area in which any such suit or any such proceeding is pending.
[ 1951 c 53 s 2.]

catchline: Administrator party in interest in guardianship proceedings—Notice.


title: RCW 73.36.030

text:
Whenever, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.
[ 1951 c 53 s 3.]

catchline: Appointment of guardian—Necessary when.


title: RCW 73.36.040

text:
No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him or her from guardianships in excess of five and forthwith appoint a successor.
[ 2012 c 117 s 509; 1951 c 53 s 4.]

catchline: Guardian—Number of wards permitted.


title: RCW 73.36.050

text:
(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.
(2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration and shall set forth the amount of moneys then due and the amount of probable future payments.
(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.
(4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.
(5) All proceedings under this chapter shall be governed by the provisions of chapter 11.130 RCW which shall prevail over any conflicting provisions of this chapter.
[ 2020 c 312 s 734; 1994 c 147 s 4; 1951 c 53 s 5.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Prohibitions: RCW 73.04.140.


title: RCW 73.36.060

text:
Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his or her authorized representative, setting forth the age of such minor as shown by the records of the veterans administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the veterans administration shall be prima facie evidence of the necessity for such appointment.
[ 2012 c 117 s 510; 1951 c 53 s 6.]

catchline: Guardian for minor—Appointment—Prima facie evidence.


title: RCW 73.36.080

text:
Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the veterans administration as provided by this chapter.
[ 1951 c 53 s 8.]

catchline: Notice of petition.


title: RCW 73.36.090

text:
(1) Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing two years, except in cases where banks or trust companies are appointed as guardian and no bond is required by the general state law. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.
(2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his or her debts and liabilities and the aggregate of other bonds in which he or she is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
[ 2012 c 117 s 511; 1951 c 53 s 9.]

catchline: Guardian's bond.


title: RCW 73.36.100

text:
(1) Every guardian, who has received or shall receive on account of his or her ward any money or other thing of value from the veterans administration, at the expiration of two years from date of his or her appointment, and every two years thereafter on the anniversary date of his or her appointment, or as much oftener as the court may require, shall file with the court a full, true and accurate account under oath of all moneys or other things of value received by him or her, all earnings, interest, or profits derived therefrom, and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his or her hands at the date of the account and how invested. Each year when not required to file an account with the court, the guardian shall file an account with the proper office of the veterans administration. If the interim account be not filed with the veterans administration, or, if filed, shall be unsatisfactory, the court shall upon receipt of notice thereof from the veterans administration require the guardian forthwith to file an account which shall be subject in all respects to the next succeeding paragraphs. Any account filed with the veterans administration and approved by the chief attorney thereof may be filed with the court and be approved by the court without hearing, unless a hearing thereon be requested by some party in interest.
(2) The guardian, at the time of filing any account with the court or veterans administration shall exhibit all securities or investments held by him or her to an officer of the bank or other depository wherein said securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his or her bond, or to the judge or clerk of a court of record in this state, or upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he or she has examined the securities or investments and identified them with those described in the account and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof, a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him or her and that those exhibited to him or her were the same as those in the account and noting any omission or discrepancy. The certificate, and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his or her account.
(3) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the veterans administration having jurisdiction over the area in which such court is located. A duplicate signed copy or a certified copy of any petition, motion, or other pleading pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceedings for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the persons filing the same to the proper office of the veterans administration. Unless hearing be waived in writing by the attorney of the veterans administration and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion, or other pleading, not less than fifteen days nor more than sixty days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the veterans administration office concerned and to the guardian and any others entitled to notice, not less than fifteen days prior to the date fixed for the hearing. The notice may be given by mail, in which event it shall be deposited in the mails not less than fifteen days prior to said date. The court or clerk thereof , shall mail to said veterans administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party.
(4) If the guardian is accountable for property derived from sources other than the veterans administration, he or she shall be accountable as is or may be required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the veterans administration, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section.
[ 2012 c 117 s 512; 1951 c 53 s 10.]

catchline: Accounting by guardian—Copies of all proceedings to be furnished administration—Hearings.


title: RCW 73.36.110

text:
If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due or within thirty days after citation issues and provided by law, or shall fail to furnish the veterans administration a true copy of any account, petition, or pleading as required by this chapter, such failure may in the discretion of the court be ground for his or her removal, in addition to other penalties provided by law.
[ 2012 c 117 s 513; 1951 c 53 s 11.]

catchline: Failure to account—Penalties.


title: RCW 73.36.120

text:
Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of moneys received during the period covered by the account, except that the court may allow a fee of not exceeding twenty-five dollars per year, as a minimum fee, upon the approval of the chief attorney for the veterans administration. In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the veterans administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.
[ 1951 c 53 s 12.]

catchline: Compensation of guardian.


title: RCW 73.36.130

text:
Every guardian shall invest the surplus funds of his or her ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the veterans administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.
[ 2012 c 117 s 514; 1951 c 53 s 13.]

catchline: Investment of funds—Procedure.


title: RCW 73.36.140

text:
A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person including the ward, the spouse or the domestic partner, and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the veterans administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.
[ 2008 c 6 s 509; 1951 c 53 s 14.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Use of funds—Procedure.


title: RCW 73.36.150

text:
(1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or (if he or she is not a minor) as a home for his or her dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the veterans administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.
(2) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his or her ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
[ 2012 c 117 s 515; 1951 c 53 s 15.]

catchline: Purchase of real estate—Procedure.


title: RCW 73.36.155

text:
When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his or her behalf or the authorized representative of the veterans administration with a certified copy of such record.
[ 2012 c 117 s 516; 1951 c 53 s 16. Formerly RCW 73.04.025.]

catchline: Public records—Free copies.


title: RCW 73.36.160

text:
In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the veterans administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the veterans administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his or her competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his or her competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him or her from the guardian, the guardian shall be discharged and his or her sureties released.
[ 2012 c 117 s 517; 1951 c 53 s 17.]

catchline: Discharge of guardian—Final account.


title: RCW 73.36.165

text:
(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the veterans administration or other agency of the United States government, the court, upon receipt of a certificate from the veterans administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said veterans administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state; and nothing in this chapter shall affect his or her right to appear and be heard in the proceedings. Upon commitment, such person, when admitted to any hospital operated by any such agency within or without this state shall be subject to the rules and regulations of the veterans administration or other agency. The chief officer of any hospital of the veterans administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole, or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this chapter are so conditioned.
(2) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the veterans administration, or other agency of the United States government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his or her restraint; as is provided in subsection (1) of this section with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any hospital of the veterans administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole, or discharge the committed person.
(3) Upon receipt of a certificate of the veterans administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the veterans administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the veterans administration or other agency of the United States if he or she be confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.
Any person transferred as provided in this section shall be deemed to be committed to the veterans administration or other agency of the United States pursuant to the original commitment.
[ 2012 c 117 s 518; 1951 c 53 s 18. Formerly RCW 71.02.700 through 71.02.720.]

catchline: Commitment to veterans administration or other federal agency.


title: RCW 73.36.170

text:
The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in RCW 73.36.010 whether the guardian shall have been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment hereof.
[ 1951 c 53 s 21.]

catchline: Application of chapter to other guardianships of veterans.


title: RCW 73.36.180

text:
This chapter shall be so construed to make uniform the law of those states which enact it.
[ 1951 c 53 s 19.]

catchline: Construction of chapter—Uniformity.


title: RCW 73.36.190

text:
This chapter may be cited as the "uniform veterans' guardianship act".
[ 1951 c 53 s 20.]

catchline: Short title.


title: RCW 73.40.010

text:
The secretary of state shall coordinate the design, construction, and placement of a memorial within the state capitol building honoring Washington state residents who died or are "missing-in-action" in the southeast Asia theater of operations.
[ 1984 c 81 s 1. Formerly RCW 40.14.200.]

catchline: Memorial honoring state residents who died or are missing-in-action in southeast Asia.


title: RCW 73.40.030

text:
The memorial authorized by *RCW 40.14.200 through 40.14.210 shall display the individual names of the Washington state residents who died or are "missing-in-action" in the southeast Asia theater of operations.
[ 1984 c 81 s 3. Formerly RCW 40.14.210.]
Notes:
*Reviser's note: RCW 40.14.200 through 40.14.210 were recodified as RCW 73.40.010 through 73.40.030.

catchline: Memorial honoring state residents who died or are missing-in-action in southeast Asia—Display of individual names.


title: RCW 73.40.040

text:
The director of the department of veterans affairs shall coordinate the design, construction, and placement of a memorial within the state capitol grounds honoring Washington state residents who died or are "missing-in-action" in the Korean conflict.
[ 1989 c 235 s 1. Formerly RCW 40.14.220.]

catchline: Memorial honoring state residents who died or are missing-in-action in the Korean conflict.


title: RCW 74.04.004

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abuse" means any intentional use of public assistance benefits that constitutes a violation of any state statute or regulation relating to the use of public assistance benefits. This definition excludes medicaid and other medical programs as defined in chapter 74.09 RCW, and fraud and abuse committed by medical providers and recipients of medicaid and other medical program services.
(2) "Disclosable information" means public information that (a) is not exempt from disclosure under chapter 42.56 RCW; and (b) does not pertain to an ongoing investigation.
(3) "Fraud" means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or herself or some other person.
(4) "Office" means the office of fraud and accountability.
(5) "Public assistance" or "public assistance programs" means public aid to persons in need including assistance grants, food assistance, work relief, disability lifeline benefits, temporary assistance for needy families, and, for purposes of this section, working connections child care subsidies. This definition excludes medicaid and other medical programs as defined in chapter 74.09 RCW, and fraud and abuse committed by medical providers and recipients of medicaid and other medical program services.
[ 2011 1st sp.s. c 42 s 21.]
Notes:
Finding—2011 1st sp.s. c 42: "The legislature finds that eliminating waste, fraud, and abuse of public assistance benefits should be a priority of the department of social and health services, and this can best be reflected in a newly organized, accountable, and proactive fraud unit directly under the secretary's authority with the resources necessary to combat fraud and to ensure the confidence of the public in the critical social safety net programs it funds." [ 2011 1st sp.s. c 42 s 20.]
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.

catchline: Definitions—Fraud and abuse.


title: RCW 74.04.005

text:
For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:
(1) "Aged, blind, or disabled assistance program" means the program established under RCW 74.62.030.
(2) "Applicant" means any person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.
(3) "Authority" means the health care authority.
(4) "County or local office" means the administrative office for one or more counties or designated service areas.
(5) "Department" means the department of social and health services.
(6) "Director" means the director of the health care authority.
(7) "Essential needs and housing support program" means the program established in RCW 43.185C.220.
(8) "Federal aid assistance" means the specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.
(9) "Income" means:
(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him or her to decrease his or her need for public assistance or to aid in rehabilitating him or her or his or her dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In addition, for cash assistance the department may disregard income pursuant to RCW 74.08A.230 and 74.12.350.
(b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.
(10) "Need" means the difference between the applicant's or recipient's standards of assistance for himself or herself and the dependent members of his or her family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his or her family.
(11) "Public assistance" or "assistance" means public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, benefits under RCW 74.62.030 and 43.185C.220, and federal aid assistance.
(12) "Recipient" means any person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.
(13) "Resource" means any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent. The department may by rule designate resources that an applicant may retain and not be ineligible for public assistance because of such resources. Exempt resources shall include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is living in, including the surrounding property;
(b) Household furnishings and personal effects;
(c) One motor vehicle, other than a motor home, that is used and useful;
(d) A motor vehicle necessary to transport a household member with a physical disability. This exclusion is limited to one vehicle per person with a physical disability;
(e) Retirement funds, pension plans, and retirement accounts;
(f) All other resources, including any excess of values exempted, not to exceed $12,000 or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance;
(g) Applicants for or recipients of benefits under RCW 74.62.030 and referrals under RCW 74.04.805 shall have their eligibility based on resource limitations consistent with the temporary assistance for needy families program rules adopted by the department; and
(h) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property if:
(A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and
(D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.
(14) "Secretary" means the secretary of social and health services.
(15) "Standards of assistance" means the level of income required by an applicant or recipient to maintain a level of living specified by the department.
(16)(a) "Victim of human trafficking" means a noncitizen and any qualifying family members who have:
(i) Filed or are preparing to file an application for T nonimmigrant status with the appropriate federal agency pursuant to 8 U.S.C. Sec. 1101(a)(15)(T), as it existed on January 1, 2020;
(ii) Filed or are preparing to file an application with the appropriate federal agency for status pursuant to 8 U.S.C. Sec. 1101(a)(15)(U), as it existed on January 1, 2020; or
(iii) Been harmed by either any violation of chapter 9A.40 or 9.68A RCW, or both, or by substantially similar crimes under federal law or the laws of any other state, and who:
(A) Are otherwise taking steps to meet the conditions for federal benefits eligibility under 22 U.S.C. Sec. 7105, as it existed on January 1, 2020; or
(B) Have filed or are preparing to file an application with the appropriate federal agency for status under 8 U.S.C. Sec. 1158.
(b)(i) "Qualifying family member" means:
(A) A victim's spouse and children; and
(B) When the victim is under 21 years of age, a victim's parents and unmarried siblings under the age of 18.
(ii) "Qualifying family member" does not include a family member who has been charged with or convicted of attempt, conspiracy, solicitation, or commission of any crime referenced in this subsection or described under 8 U.S.C. Sec. 1101(a)(15)(T) or (U) as either existed on January 1, 2020, when the crime is against a spouse who is a victim of human trafficking or against the child of a victim of human trafficking.
(17) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.
(18) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders, and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.
[ 2025 c 408 s 4; 2023 c 418 s 1; 2020 c 136 s 1; 2018 c 40 s 1. Prior: 2011 1st sp.s. c 36 s 8; 2011 1st sp.s. c 15 s 61; 2010 1st sp.s. c 8 s 4; 2003 1st sp.s. c 10 s 1; 2000 c 218 s 1; prior: 1998 c 80 s 1; 1998 c 79 s 6; prior: 1997 c 59 s 10; 1997 c 58 s 309; prior: 1992 c 165 s 1; 1992 c 136 s 1; 1991 sp.s. c 10 s 1; 1991 c 126 s 1; 1990 c 285 s 2; 1989 1st ex.s. c 9 s 816; prior: 1987 c 406 s 9; 1987 c 75 s 31; 1985 c 335 s 2; 1983 1st ex.s. c 41 s 36; 1981 2nd ex.s. c 10 s 5; 1981 1st ex.s. c 6 s 1; prior: 1981 c 8 s 1; prior: 1980 c 174 s 1; 1980 c 84 s 1; 1979 c 141 s 294; 1969 ex.s. c 173 s 1; 1965 ex.s. c 2 s 1; 1963 c 228 s 1; 1961 c 235 s 1; 1959 c 26 s 74.04.005; prior: (i) 1947 c 289 s 1; 1939 c 216 s 1; Rem. Supp. 1947 s 10007-101a. (ii) 1957 c 63 s 1; 1953 c 174 s 17; 1951 c 122 s 1; 1951 c 1 s 3 (Initiative Measure No. 178, approved November 7, 1950); 1949 c 6 s 3; Rem. Supp. 1949 s 9998-33c.]
Notes:
Effective date—2023 c 418 s 1: "Section 1 of this act takes effect February 1, 2024." [ 2023 c 418 s 13.]
Effective date—2020 c 136: "This act takes effect February 1, 2022." [ 2020 c 136 s 5.]
Effective date—2018 c 40: "This act takes effect February 1, 2019." [ 2018 c 40 s 3.]
Effective date—2011 1st sp.s. c 36 s 8: "Section 8 of this act takes effect November 1, 2011." [ 2011 1st sp.s. c 36 s 40.]
Alphabetization—2011 1st sp.s. c 36: "The code reviser shall alphabetize the subsections containing definitions in RCW 74.04.005." [ 2011 1st sp.s. c 36 s 35.]
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Implementation—2010 1st sp.s. c 8 ss 1-10 and 29: See note following RCW 74.04.225.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
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.
Severability—1991 sp.s. c 10: "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." [ 1991 sp.s. c 10 s 2.]
Effective date—1991 sp.s. c 10: "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 shall take effect July 1, 1991." [ 1991 sp.s. c 10 s 3.]
Findings—Purpose—1990 c 285: "(1) The legislature finds that each year less than five percent of pregnant teens relinquish their babies for adoption in Washington state. Nationally, fewer than eight percent of pregnant teens relinquish their babies for adoption.
(2) The legislature further finds that barriers such as lack of information about adoption, inability to voluntarily enter into adoption agreements, and current state public assistance policies act as disincentives to adoption.
(3) It is the purpose of this act to support adoption as an option for women with unintended pregnancies by removing barriers that act as disincentives to adoption." [ 1990 c 285 s 1.]
Severability—1990 c 285: "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." [ 1990 c 285 s 10.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Savings—1987 c 75: See RCW 43.20B.900.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective date—1981 1st ex.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981." [ 1981 1st ex.s. c 6 s 31.]
Severability—1981 1st ex.s. c 6: "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." [ 1981 1st ex.s. c 6 s 30.]
Consolidated standards of need: RCW 74.04.770.

catchline: Definitions—Eligibility.


title: RCW 74.04.00511

text:
For purposes of RCW 74.04.005 (9) and (13), "income" and "resource" do not include educational assistance awarded under *the gaining independence for students with dependents program as defined in chapter 19, Laws of 2003 for recipients of temporary assistance for needy families.
[ 2025 c 58 s 2044; 2003 c 19 s 8.]
Notes:
*Reviser's note: The gaining independence for students with dependents program is codified in chapter 28B.133 RCW.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Finding—Intent—Short title—2003 c 19: See RCW 28B.133.005 and 28B.133.900.

catchline: Limitations on "income" and "resource."


title: RCW 74.04.0052

text:
(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for benefits under RCW 74.62.030 and 43.185C.220. An appropriate living situation shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home and that the department finds would provide an appropriate supportive living arrangement. It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.
(2) A pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.
(3) The department shall consider any statements or opinions by either parent of the unmarried minor parent or pregnant minor applicant as to an appropriate living situation for the minor, whether in the parental home or other situation. If the parents or a parent of the minor request, they or he or she shall be entitled to a hearing in juvenile court regarding designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting minor.
The department shall provide the parents or parent with the opportunity to make a showing that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.
(4) In cases in which the minor is unmarried and unemployed, the department shall, as part of the determination of the appropriate living situation, provide information about adoption including referral to community-based organizations providing counseling.
(5) For the purposes of this section, "most appropriate living situation" shall not include a living situation including an adult male who fathered the qualifying child and is found to meet the elements of rape of a child as set forth in RCW 9A.44.079.
[ 2011 1st sp.s. c 36 s 18; 2010 1st sp.s. c 8 s 18; 1997 c 58 s 502; 1994 c 299 s 34.]
Notes:
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
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.
Aid to families with dependent children: RCW 74.12.255.

catchline: Teen applicants' living situation—Criteria—Presumption—Protective payee—Adoption referral.


title: RCW 74.04.006

text:
The department may establish, by rule and regulation, the availability of a contract of sale of real or personal property as a resource or income as defined in RCW 74.04.005.
[ 1973 1st ex.s. c 49 s 2.]

catchline: Contract of sale of property—Availability as a resource or income—Establishment.


title: RCW 74.04.011

text:
The secretary of social and health services shall be the administrative head and appointing authority of the department of social and health services and he or she shall have the power to and shall employ such assistants and personnel as may be necessary for the general administration of the department: PROVIDED, That such employment is in accordance with the rules and regulations of the state merit system. The secretary shall through and by means of his or her assistants and personnel exercise such powers and perform such duties as may be prescribed by the public assistance laws of this state.
The authority vested in the secretary as appointing authority may be delegated by the secretary or his or her designee to any suitable employee of the department.
[ 2013 c 23 s 192; 1979 c 141 s 295; 1969 ex.s. c 173 s 4; 1959 c 26 s 74.04.011. Prior: 1953 c 174 s 3. (i) 1937 c 111 s 3; RRS s 10785-2. (ii) 1937 c 111 s 5; RRS s 10785-4.]
Notes:
State civil service law: Chapter 41.06 RCW.

catchline: Secretary's authority—Personnel.


title: RCW 74.04.012

text:
(1) There is established an office of fraud and accountability within the department for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful in the public assistance programs administered by the department. The secretary will employ qualified supervisory, legal, and investigative personnel for the program. Program staff must be qualified by training and experience.
(2) The director of the office of fraud and accountability is the head of the office and is selected by the secretary and must demonstrate suitable capacity and experience in law enforcement management, public administration, and criminal investigations. The director of the office of fraud and accountability shall:
(a) Report directly to the secretary; and
(b) Ensure that each citizen complaint, employee complaint, law enforcement complaint, and agency referral is assessed and, when risk of fraud or abuse is present, is fully investigated, and is referred for prosecution or recovery when there is substantial evidence of wrongdoing.
(3) The office shall:
(a) Conduct independent and objective investigations into allegations of fraud and abuse, make appropriate referral to law enforcement when there is substantial evidence of criminal activity, and recover overpayment whenever possible and to the greatest possible degree;
(b) Recommend policies, procedures, and best practices designed to detect and prevent fraud and abuse, and to mitigate the risk for fraud and abuse and assure that public assistance benefits are being used for their statutorily stated goals;
(c) Analyze cost-effective, best practice alternatives to the current cash benefit delivery system consistent with federal law to ensure that benefits are being used for their intended purposes; and
(d) Use best practices to determine appropriate utilization and deployment of investigative resources, ensure that resources are deployed in a balanced and effective manner, and use all available methods to gather evidence necessary for proper investigation and successful prosecution.
(4) By December 31, 2011, the office shall report to the legislature on the development of the office, identification of any barriers to meeting the stated goals of the office, and recommendations for improvements to the system and laws related to the prevention, detection, and prosecution of fraud and abuse in public assistance programs.
[ 2011 1st sp.s. c 42 s 22; 2008 c 74 s 3.]
Notes:
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.
Finding—2008 c 74: See note following RCW 51.04.024.

catchline: Office of fraud and accountability.


title: RCW 74.04.014

text:
(1) In carrying out the provisions of this chapter, the office of fraud and accountability shall have prompt access to all individuals, records, electronic data, reports, audits, reviews, documents, and other materials available to the department of revenue, department of labor and industries, department of children, youth, and families, employment security department, department of licensing, and any other government entity that can be used to help facilitate investigations of fraud or abuse as determined necessary by the director of the office of fraud and accountability.
(2) The investigator shall have access to all original child care records maintained by licensed and unlicensed child care providers with the consent of the provider or with a court order or valid search warrant.
(3) Information gathered by the department, the office, or the fraud ombuds shall be safeguarded and remain confidential as required by applicable state or federal law. Whenever information or assistance requested under subsection (1) or (2) of this section is, in the judgment of the director, unreasonably refused or not provided, the director of the office of fraud and accountability must report the circumstances to the secretary immediately.
[ 2018 c 58 s 9; 2013 c 23 s 193; 2012 c 253 s 4; 2011 1st sp.s. c 42 s 24.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—Purpose—2012 c 253: See note following RCW 74.08.580.
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.

catchline: Office of fraud and accountability—Authority—Confidentiality.


title: RCW 74.04.015

text:
(1) The secretary of social and health services shall be the responsible state officer for the administration and disbursement of all funds, goods, commodities, and services, which may be received by the state in connection with programs of public assistance or services related directly or indirectly to assistance programs, and all other matters included in the federal social security act as amended, or any other federal act or as the same may be amended except as otherwise provided by law.
(2) The director shall be the responsible state officer for the administration and disbursement of funds that the state receives in connection with the medical services programs established under chapter 74.09 RCW, including the state children's health insurance program, Titles XIX and XXI of the social security act of 1935, as amended, and programs established under chapter 71.05, 71.24, and 71.34 RCW that are under the director's authority.
(3) The department and the authority, as appropriate, shall make such reports and render such accounting as may be required by federal law.
[ 2018 c 201 s 2010; 2011 1st sp.s. c 15 s 62; 1981 1st ex.s. c 6 s 2; 1981 c 8 s 2; 1979 c 141 s 296; 1963 c 228 s 2; 1959 c 26 s 74.04.015. Prior: 1953 c 174 s 49; 1937 c 111 s 12; RRS s 10785-11.]
Notes:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.
Center for research and training in intellectual and developmental disabilities, assistant secretaries as advisory committee members: RCW 28B.20.412.

catchline: Administration and disbursement of federal funds—Public assistance—Medical services programs.


title: RCW 74.04.025

text:
(1) The department, the authority, and the office of administrative hearings shall ensure that bilingual services are provided to non-English-speaking applicants and recipients. The services shall be provided to the extent necessary to assure that non-English-speaking persons are not denied, or unable to obtain or maintain, services or benefits because of their inability to speak English.
(2) If the number of non-English-speaking applicants or recipients sharing the same language served by any community service office client contact job classification equals or exceeds fifty percent of the average caseload of a full-time position in such classification, the department shall, through attrition, employ bilingual personnel to serve such applicants or recipients.
(3) Regardless of the applicant or recipient caseload of any community service office, each community service office shall ensure that bilingual services required to supplement the community service office staff are provided through contracts with language access providers, local agencies, or other community resources.
(4) The department shall certify, authorize, and qualify language access providers as needed to maintain an adequate pool of providers such that residents can access state services. The department shall require the successful completion of oral and written tests in accordance with established standards to ensure that all language access providers are fluent in English and a primary non-English language. Testing shall include evaluation of language competence, interpreting performance skills, understanding of the interpreter's role, and knowledge of the department's policies regarding confidentiality, accuracy, impartiality, and neutrality. Except as needed to certify, authorize, or qualify bilingual personnel per subsection (2) of this section, the department will only offer spoken language interpreter testing in the following manner:
(a) To individuals speaking languages for which ten percent or more of the requests for interpreter services in the prior year for department employees and the health care authority on behalf of limited English-speaking applicants and recipients of public assistance that went unfilled through the procurement process in RCW 39.26.300;
(b) To spoken language interpreters who were decertified or deauthorized due to noncompliance with any continuing education requirements; and
(c) To current department certified or authorized spoken language interpreters seeking to gain additional certification or authorization.
(5) The department shall require compliance with RCW 41.56.081(2) through its contracts with third parties.
(6) Initial client contact materials shall inform clients in all primary languages of the availability of interpretation services for non-English-speaking persons. Basic informational pamphlets shall be translated into all primary languages.
(7) To the extent all written communications directed to applicants or recipients are not in the primary language of the applicant or recipient, the department and the office of administrative hearings shall include with the written communication a notice in all primary languages of applicants or recipients describing the significance of the communication and specifically how the applicants or recipients may receive assistance in understanding, and responding to if necessary, the written communication. The department shall assure that sufficient resources are available to assist applicants and recipients in a timely fashion with understanding, responding to, and complying with the requirements of all such written communications.
(8) Nothing in this section prohibits the department from developing and administering a program to meet the requirements and standards established under chapter 94, Laws of 2023.
(9) No testing or certification authority may be awarded to a private entity with a financial interest in the direct provision of interpreter services.
(10) As used in this section:
(a) "Language access provider" means any independent contractor who provides spoken language interpreter services for state agencies, injured worker, or crime victim appointments through the department of labor and industries, or medicaid enrollee appointments, or provided these services on or after January 1, 2009, and before June 10, 2010, whether paid by a broker, language access agency, or a state agency. "Language access provider" does not mean a manager or employee of a broker or a language access agency.
(b) "Primary languages" includes but is not limited to Spanish, Vietnamese, Cambodian, Laotian, and Chinese.
[ 2023 c 94 s 2; 2018 c 253 s 2; 2011 1st sp.s. c 15 s 63; 2010 c 296 s 7; 1998 c 245 s 143; 1983 1st ex.s. c 41 s 33.]
Notes:
Finding—Intent—2023 c 94: "The legislature declares that quality, competent interpretive services for limited English-speaking Washingtonians is a vital public policy priority. The legislature finds that informal or erroneous interpretation can result in significant personal consequences. Therefore, the legislature intends to require that interpreters be able to pass both written and oral certification exams to ensure quality, competent services for all Washingtonians." [ 2023 c 94 s 1.]
Intent—2018 c 253: "It is the intent of the legislature to centralize and consolidate the procurement of spoken language interpreter services and expand the use of language access providers, thereby reducing administrative costs while protecting consumers. The legislature further intends to exclude interpreter services for sensory-impaired persons from the provisions of this act." [ 2018 c 253 s 1.]
Conflict with federal requirements—2018 c 253: "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. Nothing in this act may restrict an agency's ability to serve limited English proficient clients in a timely manner." [ 2018 c 253 s 9.]
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Conflict with federal requirements—2010 c 296: See note following RCW 41.56.157.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.

catchline: Bilingual services for non-English-speaking applicants and recipients—Bilingual personnel, when—Primary language pamphlets and written materials.


title: RCW 74.04.033

text:
The department shall notify any applicant for public assistance who resides in a local area served by the Washington basic health plan and is under sixty-five years of age of the availability of basic health care coverage to qualified enrollees in the Washington basic health plan under chapter 70.47 RCW, unless the Washington basic health plan administrator has notified the department of a closure of enrollment in the area. The department shall maintain a supply of Washington basic health plan enrollment application forms, which shall be provided in reasonably necessary quantities by the administrator, in each appropriate community service office for the use of persons wishing to apply for enrollment in the Washington basic health plan.
[ 1987 1st ex.s. c 5 s 18.]

catchline: Notification of availability of basic health plan.


title: RCW 74.04.040

text:
The care, support, and relief of needy persons is hereby declared to be a joint federal, state, and county function. County offices are charged with the responsibility for the administration of public assistance within the respective county or counties or parts thereof as local offices of the department as prescribed by the rules and regulations of the department.
Whenever a city or town establishes a program or policy for the care, support, and relief of needy persons it shall provide notice of the program or policy to the county or counties within which the city or town is located.
[ 1981 c 191 s 1; 1959 c 26 s 74.04.040. Prior: 1953 c 174 s 12; 1939 c 216 s 5; RRS s 10007-105a.]

catchline: Public assistance a joint federal, state, and county function—Notice required.


title: RCW 74.04.050

text:
(1) The department is designated as the single state agency to administer the following public assistance programs:
(a) Temporary assistance for needy families;
(b) Child welfare services; and
(c) Any other programs of public assistance for which provision for federal grants or funds may from time to time be made, except as otherwise provided by law.
(2) The authority is hereby designated as the single state agency to administer the medical services programs established under chapter 74.09 RCW, including the state children's health insurance program, Titles XIX and XXI of the federal social security act of 1935, as amended. As the state's medicaid agency, the authority is responsible for providing reasonable oversight of all medicaid program integrity activities required by federal regulation. The authority shall establish and maintain effective internal control over any state agency that receives medicaid funding in compliance with federal regulation.
(3) The department and the authority are hereby empowered and authorized to cooperate in the administration of such federal laws, consistent with the public assistance laws of this state, as may be necessary to qualify for federal funds.
(4) The state hereby accepts and assents to all the present provisions of the federal law under which federal grants or funds, goods, commodities, and services are extended to the state for the support of programs referenced in this section, and to such additional legislation as may subsequently be enacted as is not inconsistent with the purposes of this title, authorizing public welfare and assistance activities. The provisions of this title shall be so administered as to conform with federal requirements with respect to eligibility for the receipt of federal grants or funds.
(5) The department and the authority shall periodically make application for federal grants or funds and submit such plans, reports and data, as are required by any act of congress as a condition precedent to the receipt of federal funds for such assistance. The department and the authority shall make and enforce such rules and regulations as shall be necessary to insure compliance with the terms and conditions of such federal grants or funds.
[ 2023 c 439 s 2; 2011 1st sp.s. c 15 s 64; 1981 1st ex.s. c 6 s 3; 1981 c 8 s 3; 1963 c 228 s 3; 1959 c 26 s 74.04.050. Prior: 1955 c 273 s 21; 1953 c 174 s 6; 1939 c 216 s 6; RRS s 10007-106a.]
Notes:
Intent—Finding—2023 c 439: "(1) The legislature intends to ensure that the medicaid program is operating under sound fiscal stewardship. This requires dedicated program integrity efforts focused on paying the right dollar amount to the right provider for the right reason. Strengthening program integrity efforts helps to ensure that every medicaid dollar stretches as far as possible for those insured through medicaid.
(2) The legislature finds that the health care authority is responsible for overseeing all of Washington's medicaid programs, including those administered by other state agencies. Effective oversight by the health care authority will advance the legislature's objective of ensuring that the right services are delivered to the right person at the right time with measurable outcomes." [ 2023 c 439 s 1.]
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Department to administer certain public assistance programs—Authority to administer medical services programs.


title: RCW 74.04.055

text:
In furtherance of the policy of this state to cooperate with the federal government in the programs included in this title the secretary or director, as appropriate, shall issue such rules and regulations as may become necessary to entitle this state to participate in federal grants-in-aid, goods, commodities and services unless the same be expressly prohibited by this title. Any section or provision of this title which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy federal laws entitling this state to receive federal matching or other funds for the various programs of public assistance. If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter.
[ 2011 1st sp.s. c 15 s 65; 1991 c 126 s 2; 1979 c 141 s 298; 1963 c 228 s 4; 1959 c 26 s 74.04.055. Prior: 1953 c 174 s 50.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.

catchline: Cooperation with federal government—Construction—Conflict with federal requirements.


title: RCW 74.04.057

text:
The department is authorized to promulgate such rules and regulations as are necessary to qualify for any federal funds available under Title XVI of the federal social security act, and any other combination of existing programs of assistance consistent with federal law and regulations.
[ 1969 ex.s. c 173 s 3.]

catchline: Promulgation of rules and regulations to qualify for federal funds.


title: RCW 74.04.060

text:
(1)(a) For the protection of applicants and recipients, the department, the authority, and the county offices and their respective officers and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files, papers and communications, except for purposes directly connected with the administration of the programs of this title. In any judicial proceeding, except such proceeding as is directly concerned with the administration of these programs, such records, files, papers and communications, and their contents, shall be deemed privileged communications and except for the right of any individual to inquire of the office whether a named individual is a recipient of welfare assistance and such person shall be entitled to an affirmative or negative answer.
(b) Unless prohibited by federal law, for the purpose of investigating and preventing child abuse and neglect and providing for the health care coordination and well-being of children in foster care, the department and the authority shall disclose to the department of children, youth, and families the following information: Developmental disabilities administration client records; home and community services client records; long-term care facility or certified community residential supports records; health care information; child support information; food assistance information; and public assistance information. Disclosure under this subsection (1)(b) is mandatory for the purposes of the federal health insurance portability and accountability act.
(c) Upon written request of a parent who has been awarded visitation rights in an action for divorce or separation or any parent with legal custody of the child, the department shall disclose to him or her the last known address and location of his or her natural or adopted children. The secretary shall adopt rules which establish procedures for disclosing the address of the children and providing, when appropriate, for prior notice to the custodian of the children. The notice shall state that a request for disclosure has been received and will be complied with by the department unless the department receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the other party or the child. Information supplied to a parent by the department shall be used only for purposes directly related to the enforcement of the visitation and custody provisions of the court order of separation or decree of divorce. No parent shall disclose such information to any other person except for the purpose of enforcing visitation provisions of the said order or decree.
(d) Unless prohibited by federal law, the department is permitted to release individual-level data of state-funded public assistance programs listed under RCW 28B.92.200 to the student achievement council under chapter 28B.77 RCW for the purposes of RCW 28B.92.225.
(e) The department shall review methods to improve the protection and confidentiality of information for recipients of welfare assistance who have disclosed to the department that they are past or current victims of domestic violence or stalking.
(2) The county offices shall maintain monthly at their offices a report showing the names and addresses of all recipients in the county receiving public assistance under this title, together with the amount paid to each during the preceding month.
(3) The provisions of this section shall not apply to duly designated representatives of approved private welfare agencies, public officials, members of legislative interim committees and advisory committees when performing duties directly connected with the administration of this title, such as regulation and investigation directly connected therewith: PROVIDED, HOWEVER, That any information so obtained by such persons or groups shall be treated with such degree of confidentiality as is required by the federal social security law.
(4) It shall be unlawful, except as provided in this section, for any person, body, association, firm, corporation or other agency to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists or names for commercial or political purposes of any nature. The violation of this section shall be a gross misdemeanor.
[ 2022 c 214 s 8; 2017 3rd sp.s. c 6 s 817; 2011 1st sp.s. c 15 s 66; 2006 c 259 s 5; 1987 c 435 s 29; 1983 1st ex.s. c 41 s 32; 1973 c 152 s 1; 1959 c 26 s 74.04.060. Prior: 1953 c 174 s 7; 1950 ex.s. c 10 s 1; 1941 c 128 s 5; Rem. Supp. 1941 s 10007-106b.]
Notes:
Intent—2022 c 214: See note following RCW 28B.77.300.
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.
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Severability—1973 c 152: "If any provision of this 1973 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." [ 1973 c 152 s 3.]
Child support, department may disclose information to internal revenue department: RCW 74.20.160.


title: RCW 74.04.062

text:
(1)(a) Upon written request of a person who has been properly identified as an officer of the law or a properly identified United States immigration official the department or authority shall disclose to such officer the current address and location of a recipient of public welfare if the officer furnishes the department or authority with such person's name and social security account number and satisfactorily demonstrates that such recipient is a fugitive, that the location or apprehension of such fugitive is within the officer's official duties, and that the request is made in the proper exercise of those duties.
(b) When the department or authority becomes aware that a public assistance recipient is the subject of an outstanding warrant, the department or authority may contact the appropriate law enforcement agency and, if the warrant is valid, provide the law enforcement agency with the location of the recipient.
(2) To the extent allowed under federal law, upon written request of a law enforcement officer from a state, local, or tribal law enforcement agency, the department or authority shall disclose to such officer whether the recipient has accessed his or her public assistance benefits in the last 30 days for the purpose of assisting the officer in confirming whether the recipient is alive if the recipient is the subject of a missing person's report as described in RCW 36.28A.120. For purposes of this section, "law enforcement officer" and "law enforcement agency" have the same meaning as defined in RCW 10.122.020.
[ 2024 c 208 s 1; 2011 1st sp.s. c 15 s 67; 1997 c 58 s 1006; 1973 c 152 s 2.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
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.
Severability—1973 c 152: See note following RCW 74.04.060.

catchline: Disclosure of recipient location to police officer or immigration official.


title: RCW 74.04.070

text:
There may be established in each county of the state a county office which shall be administered by an executive officer designated as the county administrator. The county administrator shall be appointed by the secretary in accordance with the rules and regulations of the state merit system.
[ 1979 c 141 s 299; 1959 c 26 s 74.04.070. Prior: 1953 c 174 s 13; 1941 c 128 s 2, part; 1939 c 216 s 4, part; Code 1881 ss 2680, 2696; 1854 p 422 s 19; 1854 p 395 s 1; Rem. Supp. 1941 s 10007-104a, part.]

catchline: County office—Administrator.


title: RCW 74.04.080

text:
The county administrator shall have the power to, and shall, employ such personnel as may be necessary to carry out the provisions of this title, which employment shall be in accordance with the rules and regulations of the state merit system, and in accordance with personnel and administrative standards established by the department. The county administrator before qualifying shall furnish a surety bond in such amount as may be fixed by the secretary, but not less than five thousand dollars, conditioned that the administrator will faithfully account for all money and property that may come into his or her possession or control. The cost of such bond shall be an administrative expense and shall be paid by the department.
[ 2013 c 23 s 194; 1979 c 141 s 300; 1959 c 26 s 74.04.080. Prior: 1953 c 174 s 14; 1941 c 128 s 2, part; 1939 c 216 s 4, part; Code 1881 ss 2680, 2696; 1854 p 422 s 19; 1854 p 395 s 1; Rem. Supp. 1941 s 10007-104a, part.]

catchline: County administrator—Personnel—Bond.