title: RCW 43.20B.335

text:
The department is authorized to investigate the financial condition of each person liable under the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350, and is further authorized to make determinations of the ability of each such person to pay hospitalization charges and/or charges for outpatient services, in accordance with the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350, and, for such purposes, to set a standard as a basis of judgment of ability to pay, which standard shall be recomputed periodically to reflect changes in the costs of living, and other pertinent factors, and to make provisions for unusual and exceptional circumstances in the application of such standard. Such factors and circumstances shall include judgments owed by the person to any victim of an act that would have resulted in criminal conviction of the patient but for a finding of criminal insanity. A victim shall include a personal representative of an estate who has obtained judgment for wrongful death against the criminally insane patient.
In accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW, the department shall adopt appropriate rules and regulations relating to the standards to be applied in determining ability to pay such charges, the schedule of charges pursuant to RCW 43.20B.325, and such other rules and regulations as are deemed necessary to administer the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350.
[ 1996 c 125 s 2; 1987 c 75 s 14; 1979 c 141 s 126; 1967 ex.s. c 127 s 5. Formerly RCW 71.02.412.]
Notes:
Findings—Purpose—1996 c 125: "The legislature finds that laws and regulations relating to the rights of the state to collection from criminally insane patients for cost of their hospitalization are in need of clarification. The legislature previously directed the department of social and health services to set standards regarding ability of such patients to pay that would include pertinent factors, as well as unusual and exceptional circumstances. The legislature finds that the regulations established by the department fail to take into account a factor and circumstance that should be paramount: Compensation owed by the patient to victims of his or her criminally insane conduct. The state public policy recognizes the due dignity and respect to be accorded victims of crime and the need for victims to be compensated, as set forth in Article I, section 35 of the state Constitution and in chapter 7.68 RCW. The legislature did not intend, in enacting RCW 43.20B.320, that the department attempt to obtain funds for hospitalization of criminally insane patients that would otherwise have compensated the victims of the patient. The purpose of chapter 125, Laws of 1996 is to clarify legislative intent and existing law." [ 1996 c 125 s 1.]

catchline: Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations.


doc_type: statute

jurisdiction: wa

title: RCW 43.20B.340

text:
In any case where determination is made that a person, or the estate of such person, is able to pay all, or any portion of the charges for hospitalization, and/or charges for outpatient services, a notice and finding of responsibility shall be served on such person or the court-appointed personal representative of such person. The notice shall set forth the amount the department has determined that such person, or his or her estate, is able to pay not to exceed the costs of hospitalization, and/or costs of outpatient services, as fixed in accordance with the provisions of RCW 43.20B.325, or as otherwise limited by the provisions of RCW 43.20B.355 and 43.20B.325 through 43.20B.350. The responsibility for the payment to the department shall commence twenty-eight days after service of such notice and finding of responsibility which finding of responsibility shall cover the period from the date of admission of such mentally ill person to a state hospital, and for the costs of hospitalization, and/or the costs of outpatient services, accruing thereafter. The notice and finding of responsibility shall be served upon all persons found financially responsible in the manner prescribed for the service of summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceeding may be filed with the secretary, or the secretary's designee within twenty-eight days from the date of service of such notice and finding of responsibility. The application must be written and served on the secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of responsibility shall become final. If an application is filed, the execution of notice and finding of responsibility shall be stayed pending the final adjudicative order. The hearing shall be conducted in a local department office or other location in Washington convenient to the appellant. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
[ 1989 c 175 s 98; 1987 c 75 s 15; 1985 c 245 s 3; 1981 c 67 s 33; 1971 c 81 s 133; 1969 ex.s. c 268 s 1; 1967 ex.s. c 127 s 6. Formerly RCW 71.02.413.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—1985 c 245 ss 3 and 6: "Sections 3 and 6 of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, that is already in existence on May 10, 1985." [ 1985 c 245 s 11.]
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Mental illness—Treatment costs—Notice and finding of responsibility—Period—Adjudicative proceedings.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.20B.345

text:
Whenever any notice and finding of responsibility, or appeal therefrom, shall have become final, the superior court, wherein such person or persons reside or have property either real or personal, shall, upon application of the secretary enter a judgment in the amount of the accrued monthly charges for the costs of hospitalization, and/or the costs of outpatient services, and such judgment shall have and be given the same effect as if entered pursuant to civil action instituted in said court; except, such judgment shall not be the subject of collection by the department unless and until any outstanding judgment for a victim referenced in RCW 43.20B.335 has been fully satisfied.
[ 1996 c 125 s 3; 1987 c 75 s 16; 1979 c 141 s 127; 1967 ex.s. c 127 s 7. Formerly RCW 71.02.414.]
Notes:
Findings—Purpose—1996 c 125: See note following RCW 43.20B.335.

catchline: Mental illness—Treatment costs—Judgment for accrued amounts.


title: RCW 43.20B.347

text:
Whenever a notice and finding of responsibility, or appeal therefrom, has become final, the department may file a lien against the real and personal property of all persons found financially responsible under RCW 43.20B.330 with the county auditor of the county where the persons reside or own property.
[ 1993 c 272 s 1.]
Notes:
Savings—1993 c 272: "This act does not have the effect of terminating or in any way modifying any liability, civil or criminal, that is already in existence on the effective date of this act." [ 1993 c 272 s 6.]
Severability—1993 c 272: "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." [ 1993 c 272 s 7.]

catchline: Mental illness—Treatment costs—Lien against real and personal property.


title: RCW 43.20B.350

text:
The secretary, or the secretary's designee, upon application of the person responsible for payment of reimbursement to the state of the costs of hospitalization, and/or the costs of outpatient services, or the legal representative of such person, and, after investigation, or after investigation without application, the secretary, or the secretary's designee, if satisfied of the financial ability or inability of such person to reimburse the state in accordance with the original finding of responsibility, may, modify or vacate such original finding of responsibility and enter a new finding of responsibility. The determination to modify or vacate findings of responsibility shall be served and be appealable in the same manner and in accordance with the same procedures for appeals of original findings of responsibility.
[ 1987 c 75 s 17; 1967 ex.s. c 127 s 8. Formerly RCW 71.02.415.]

catchline: Mental illness—Treatment costs—Modification or vacation of findings of responsibility.


title: RCW 43.20B.355

text:
Hospitalization charges are payable on the tenth day of each calendar month, for services rendered during the preceding month, and the department may make all necessary rules and regulations relative to the billing and collection of such charges.
[ 1967 ex.s. c 127 s 2; 1959 c 25 s 71.02.320. Prior: 1951 c 139 s 56. Formerly RCW 71.02.320.]

catchline: Mental illness—Hospitalization charges—Due date—Collection.


title: RCW 43.20B.360

text:
No statutes of limitations shall run against the state of Washington for hospitalization charges: PROVIDED, HOWEVER, That periods of limitations for the filing of creditors' claims against probate and guardianship estates shall apply against such claims.
[ 1959 c 25 s 71.02.360. Prior: 1951 c 139 s 61. Formerly RCW 71.02.360.]

catchline: Mental illness—Hospitalization charges—Collection—Statutes of limitation.


title: RCW 43.20B.370

text:
The prosecuting attorneys of the various counties shall assist the department in the collection of hospitalization charges.
[ 1959 c 25 s 71.02.370. Prior: 1951 c 139 s 64. Formerly RCW 71.02.370.]

catchline: Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.


title: RCW 43.20B.410

text:
The purpose of RCW 43.20B.410 through 43.20B.455 is to place financial responsibility for cost of care, support and treatment upon those residents of residential habilitation centers operated under chapter 71A.20 RCW who possess assets over and above the minimal amount required to be retained for personal use; to provide procedures for establishing such liability and the monthly rate thereof, and the process for appeal therefrom to the secretary of social and health services and the courts by any person deemed aggrieved thereby.
[ 1988 c 176 s 902; 1987 c 75 s 23; 1979 c 141 s 237; 1967 c 141 s 1. Formerly RCW 72.33.650.]
Notes:
Effective date—1967 c 141: "This 1967 amendatory act shall become effective July 1, 1967." [ 1967 c 141 s 13.]

catchline: Residential habilitation centers—Liability for costs of services—Declaration of purpose.


title: RCW 43.20B.415

text:
The estates of all mentally or physically deficient persons who have been admitted to the state residential schools listed in *RCW 72.33.030 either by application of their parents or guardian or by commitment of court, or who may hereafter be admitted or committed to such institutions, shall be liable for their per capita costs of care, support and treatment: PROVIDED, That the estate funds may not be reduced as a result of such liability below an amount as set forth in *RCW 72.33.180.
[ 1971 ex.s. c 118 s 2; 1967 c 141 s 2. Formerly RCW 72.33.655.]
Notes:
*Reviser's note: RCW 72.33.030 and 72.33.180 were repealed by 1988 c 176 s 1007. See Title 71A RCW. The term "residential schools" was changed to "residential habilitation centers" by 1988 c 176.
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: State residential schools—Liability for costs of services—Limitation.


title: RCW 43.20B.420

text:
The charges for services as provided in RCW 43.20B.425 shall be based on the rates established for the purpose of receiving federal reimbursement for the same services. For those services for which there is no applicable federal reimbursement-related rate, charges shall be based on the average per capita costs, adjusted for inflation, of operating each of the residential habilitation centers for the previous reporting year taking into consideration all expenses of institutional operation, maintenance and repair, salaries and wages, equipment and supplies: PROVIDED, That all expenses directly related to the cost of education for persons under the age of twenty-two years shall be excluded from the computation of the average per capita cost. The department shall establish rates on a per capita basis and promulgate those rates or the methodology used in computing costs and establishing rates as rules of the department in accordance with chapter 34.05 RCW. The department shall be charged with the duty of collection of charges incurred under RCW 43.20B.410 through 43.20B.455, which may be enforced by civil action instituted by the attorney general within or without the state.
[ 1988 c 176 s 903; 1987 c 75 s 24; 1984 c 200 s 1; 1979 c 141 s 238; 1967 c 141 s 3. Formerly RCW 72.33.660.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: Residential habilitation centers—Determination of costs of services—Establishment of rates—Collection.


title: RCW 43.20B.425

text:
The department shall investigate and determine the assets of the estates of each resident of a residential habilitation center and the ability of each such estate to pay all, or any portion of, the average monthly charge for care, support and treatment at a residential habilitation center as determined by the procedure set forth in RCW 43.20B.420: PROVIDED, That the sum as set forth in RCW 71A.20.100 shall be retained by the estate of the resident at all times for such personal needs as may arise: PROVIDED FURTHER, That where any person other than a resident or the guardian of the resident's estate deposits funds so that the depositor and a resident become joint tenants with the right of survivorship, such funds shall not be considered part of the resident's estate so long as the resident is not the sole survivor among such joint tenants.
[ 1988 c 176 s 904; 1987 c 75 s 25; 1971 ex.s. c 118 s 3; 1967 c 141 s 4. Formerly RCW 72.33.665.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.


title: RCW 43.20B.430

text:
In all cases where a determination is made that the estate of a resident of a residential habilitation center is able to pay all or any portion of the charges, an initial notice and finding of responsibility shall be served on the guardian of the resident's estate, or if no guardian has been appointed then to the resident, the resident's spouse, or other person acting in a representative capacity and having property in his or her possession belonging to a resident. The initial notice shall set forth the amount the department has determined that such estate is able to pay, not to exceed the charge as fixed in accordance with RCW 43.20B.420, and the responsibility for payment to the department shall commence twenty-eight days after service of such notice and finding of responsibility. Service of the initial notice shall be in the manner prescribed for the service of a summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceeding from the determination of responsibility may be made to the secretary by the guardian of the resident's estate, or if no guardian has been appointed then by the resident, the resident's spouse, or other person acting in a representative capacity and having property in his or her possession belonging to a resident of a state school, within such twenty-eight day period. The application must be written and served on the secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of responsibility shall become final. If an application is filed, the execution of notice and finding of responsibility shall be stayed pending the final adjudicative order. The hearing shall be conducted in a local department office or other location in Washington convenient to the appellant. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW.
[ 2017 c 269 s 3; 1989 c 175 s 99; 1988 c 176 s 905; 1987 c 75 s 26; 1985 c 245 s 6; 1982 c 189 s 7; 1979 c 141 s 239; 1970 ex.s. c 75 s 1; 1967 c 141 s 5. Formerly RCW 72.33.670.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—1985 c 245: See note following RCW 43.20B.340.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: Residential habilitation centers—Costs of services—Initial notice and finding of responsibility—Service—Adjudicative proceeding.


title: RCW 43.20B.435

text:
The secretary, upon application of the guardian of the estate of the resident, and after investigation, or upon investigation without application, may, if satisfied of the financial ability or inability of such person to make payments in accordance with the initial finding of responsibility as provided for in RCW 43.20B.430, modify or vacate such initial finding of responsibility, and enter a new finding of responsibility. The secretary's determination to modify or vacate findings of responsibility shall be served by regular mail. A new finding of responsibility shall be appealable in the same manner and in accordance with the same procedure for appeals of initial findings of responsibility.
[ 2017 c 269 s 4; 1979 c 141 s 240; 1967 c 141 s 7. Formerly RCW 72.33.680.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: State residential habilitation centers—Costs of services—Modification or vacation of initial finding of responsibility.


title: RCW 43.20B.440

text:
The charges for care, support, maintenance and treatment of persons at residential habilitation centers as provided by RCW 43.20B.410 through 43.20B.455 shall be payable in advance on the first day of each and every month to the department.
[ 1988 c 176 s 906; 1987 c 75 s 27; 1979 c 141 s 241; 1967 c 141 s 8. Formerly RCW 72.33.685.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: Residential habilitation centers—Costs of services—Charges payable in advance.


title: RCW 43.20B.445

text:
The provisions of RCW 43.20B.410 through 43.20B.455 shall not be construed to prohibit or prevent the department of social and health services from obtaining reimbursement from any person liable under RCW 43.20B.410 through 43.20B.455 for payment of the full amount of the accrued per capita cost from any property acquired by gift, devise or bequest subsequent to and regardless of the initial findings of responsibility under RCW 43.20B.430: PROVIDED, That the estate of any resident of a residential habilitation center shall not be liable for such reimbursement subsequent to termination of services for that resident at the residential habilitation center: PROVIDED FURTHER, That upon the death of any person while a resident in a residential habilitation center, the person's estate shall become liable to the same extent as the resident's liability on the date of death.
[ 1988 c 176 s 907; 1987 c 75 s 28; 1979 c 141 s 242; 1967 c 141 s 9. Formerly RCW 72.33.690.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.


title: RCW 43.20B.450

text:
The liabilities created by RCW 43.20B.410 through 43.20B.455 shall apply to the care, support and treatment occurring after July 1, 1967.
[ 1987 c 75 s 29; 1967 c 141 s 11. Formerly RCW 72.33.695.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: State residential habilitation centers—Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967.


title: RCW 43.20B.455

text:
Notwithstanding any other provision of RCW 43.20B.410 through 43.20B.455, the secretary may, if in the secretary's discretion any resident of a residential habilitation center can be terminated from receiving services at the habilitation center more rapidly and assimilated into a community, keep an amount not exceeding five thousand dollars in the resident's fund for such resident and such resident shall not thereafter be liable thereon for per capita costs of care, support and treatment as provided for in RCW 43.20B.415.
[ 1988 c 176 s 908; 1987 c 75 s 30; 1979 c 141 s 243; 1967 c 141 s 12. Formerly RCW 72.33.700.]
Notes:
Effective date—1967 c 141: See note following RCW 43.20B.410.

catchline: Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.


title: RCW 43.20B.460

text:
The department of social and health services shall establish by rule the maximum amount of guardianship fees and additional compensation for administrative costs that may be allowed by the court as compensation for a guardian or limited guardian of an incapacitated person who is a department of social and health services client residing in a nursing facility or in a residential or home setting and is required by the department of social and health services to contribute a portion of their income towards the cost of residential or supportive services.
[ 1994 c 68 s 2.]

catchline: Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.


title: RCW 43.20B.620

text:
Overpayments of public assistance or food stamps or food stamp benefits transferred electronically under RCW 74.04.300 shall become a lien against the real and personal property of the recipient from the time of filing by the department with the county auditor of the county in which the recipient resides or owns property, and the lien claim has preference over the claims of all unsecured creditors.
Debts due the state for overpayments of public assistance or food stamps or food stamp benefits transferred electronically may be recovered by the state by deduction from the subsequent assistance payments to such persons, lien and foreclosure, or order to withhold and deliver, or may be recovered by civil action.
[ 1998 c 79 s 4; 1987 c 75 s 43.]

catchline: Overpayments of assistance—Lien against recipient's property—Recovery methods.


title: RCW 43.20B.630

text:
(1) Any person who owes a debt to the state for an overpayment of public assistance and/or food stamps or food stamp benefits transferred electronically shall be notified of that debt by either personal service or certified mail, return receipt requested. Personal service, return of the requested receipt, or refusal by the debtor of such notice is proof of notice to the debtor of the debt owed. Service of the notice shall be in the manner prescribed for the service of a summons in a civil action. The notice shall include a statement of the debt owed; a statement that the property of the debtor will be subject to collection action after the debtor terminates from public assistance and/or food stamps or benefits; a statement that the property will be subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver; and a statement that the net proceeds will be applied to the satisfaction of the overpayment debt. Action to collect the debt by lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver, is lawful after ninety days from the debtor's termination from public assistance and/or food stamps or benefits or the receipt of the notice of debt, whichever is later. This does not preclude the department from recovering overpayments by deduction from subsequent assistance payments, not exceeding deductions as authorized under federal law with regard to financial assistance programs: PROVIDED, That subject to federal legal requirement, deductions shall not exceed five percent of the grant payment standard if the overpayment resulted from error on the part of the department or error on the part of the recipient without willful or knowing intent of the recipient in obtaining or retaining the overpayment.
(2) A current or former recipient who is aggrieved by a claim that he or she owes a debt for an overpayment of public assistance or food stamps or food stamp benefits transferred electronically has the right to an adjudicative proceeding pursuant to RCW 74.08.080. If no application is filed, the debt will be subject to collection action as authorized under this chapter. If a timely application is filed, the execution of collection action on the debt shall be stayed pending the final adjudicative order or termination of the debtor from public assistance and/or food stamps or food stamp benefits transferred electronically, whichever occurs later.
[ 1998 c 79 s 5; 1989 c 175 s 100; 1982 c 201 s 18; 1981 c 163 s 1. Formerly RCW 74.04.700.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Overpayments and debts due the state: RCW 74.04.300.

catchline: Overpayments of assistance—Procedures—Adjudicative proceeding.


title: RCW 43.20B.635

text:
(1) After service of a notice of debt for an overpayment as provided for in RCW 43.20B.630, stating the debt accrued, the secretary may issue to any person, firm, corporation, association, political subdivision, or department of the state, an order to withhold and deliver property of any kind including, but not restricted to, earnings which are due, owing, or belonging to the debtor, when the secretary has reason to believe that there is in the possession of such person, firm, corporation, association, political subdivision, or department of the state property which is due, owing, or belonging to the debtor.
(2)(a) The order to withhold and deliver shall state the amount of the debt, and shall state in summary the terms of this section, RCW 6.27.150 and 6.27.160, chapters 6.13 and 6.15 RCW, 15 U.S.C. 1673, and other state or federal exemption laws applicable generally to debtors.
(b) The order to withhold and deliver shall be served by regular mail or, with a party's agreement, electronically.
(3)(a) Any person, firm, corporation, association, political subdivision, or department of the state upon whom service has been made shall answer the order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of therein.
(b) The secretary may require further and additional answers to be completed by the person, firm, corporation, association, political subdivision, or department of the state.
(c) If any such person, firm, corporation, association, political subdivision, or department of the state possesses any property which may be subject to the claim of the department of social and health services, such property shall be withheld immediately upon receipt of the order to withhold and deliver and shall, after the twenty-day period, upon demand, be delivered forthwith to the secretary.
(d) The secretary shall hold the property in trust for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability. In the alternative, there may be furnished to the secretary a good and sufficient bond, satisfactory to the secretary, conditioned upon final determination of liability.
(e) Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, association, political subdivision, or department of the state subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the secretary. Delivery to the secretary, subject to the exemptions under RCW 6.27.150 and 6.27.160, chapters 6.13 and 6.15 RCW, 15 U.S.C. 1673, and other state or federal law applicable generally to debtors, of the money or other property held or claimed satisfies the requirement of the order to withhold and deliver. Delivery to the secretary serves as full acquittance, and the state warrants and represents that it shall defend and hold harmless for such actions persons delivering money or property to the secretary pursuant to this chapter. The state also warrants and represents that it shall defend and hold harmless for such actions persons withholding money or property pursuant to this chapter.
(4)(a) The secretary shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed a copy of the order to withhold and deliver to the debtor at the debtor's last known post office address or, with a party's agreement serve the order upon the debtor electronically on or before the date of service of the order to withhold and deliver.
(b) The copy of the order shall be mailed or served together with a concise explanation of the right to petition for a hearing on any issue related to the collection. This requirement is not jurisdictional, but, if the copy is not mailed or served as provided in this section, or if any irregularity appears with respect to the mailing or service electronically, the superior court, on its discretion on motion of the debtor promptly made and supported by affidavit showing that the debtor has suffered substantial injury due to the failure to mail the copy or serve the copy electronically, may set aside the order to withhold and deliver and award to the debtor an amount equal to the damages resulting from the secretary's failure to serve on or mail to the debtor the copy.
[ 2017 c 269 s 5; 1990 c 100 s 1; 1987 c 75 s 37; 1981 c 163 s 2. Formerly RCW 74.04.710.]

catchline: Overpayments of assistance—Orders to withhold property of debtor—Procedures.


title: RCW 43.20B.640

text:
If any person, firm, corporation, association, political subdivision, or department of the state fails to answer an order to withhold and deliver within the time prescribed in RCW 43.20B.635, or fails or refuses to deliver property pursuant to the order, or after actual notice of filing of a lien as provided for in this chapter, pays over, releases, sells, transfers, or conveys real or personal property subject to such lien to or for the benefit of the debtor or any other person, or fails or refuses to surrender upon demand property distrained under RCW 43.20B.635, or fails or refuses to honor an assignment of wages presented by the secretary, such person, firm, corporation, association, political subdivision, or department of the state is liable to the department in an amount equal to one hundred percent of the value of the debt which is the basis of the lien, order to withhold and deliver, distraint, or assignment of wages, together with costs, interest, and reasonable attorney fees.
[ 1987 c 75 s 38; 1981 c 163 s 3. Formerly RCW 74.04.720.]

catchline: Overpayments of assistance—Failure to withhold property of debtor.


title: RCW 43.20B.645

text:
Any person, firm, corporation, association, political subdivision, or department employing a person owing a debt for overpayment of public assistance received as defined in RCW 74.04.300, shall honor, according to its terms, a duly executed assignment of earnings presented to the employer by the secretary as a plan to satisfy or retire an overpayment debt. This requirement to honor the assignment of earnings is applicable whether the earnings are to be paid presently or in the future and continues in force and effect until released in writing by the secretary. Payment of moneys pursuant to an assignment of earnings presented to the employer by the secretary serves as full acquittance under any contract of employment, and the state warrants and represents it shall defend and hold harmless such action taken pursuant to the assignment of earnings. The secretary is released from liability for improper receipt of moneys under assignment of earnings upon return of any moneys so received.
[ 1981 c 163 s 4. Formerly RCW 74.04.730.]

catchline: Overpayments of assistance—Assignment of earnings.


title: RCW 43.20B.660

text:
If an improper real property transfer is made as defined in RCW 74.08.331 through 74.08.338, the department may request the attorney general to file suit to rescind the transaction except as to subsequent bona fide purchasers for value. If it is established by judicial proceedings that a fraudulent conveyance occurred, the value of any public assistance which has been furnished may be recovered in any proceedings from the recipient or the recipient's estate.
[ 1987 c 75 s 46.]

catchline: Improper realty transfer—Suit to rescind—Recovery from recipient's estate.


title: RCW 43.20B.670

text:
When the department provides grant assistance to persons who possess excess real property under RCW 74.04.005(13)(h), the department may file a lien against, or otherwise perfect its interest in such real property as a condition of granting such assistance, and the department shall have the status of a secured creditor.
[ 2025 c 58 s 2022; 1985 c 245 s 10. Formerly RCW 74.04.007.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Excess property assistance program—Lien—Department as creditor.


title: RCW 43.20B.675

text:
(1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except nursing homes under chapter 74.46 RCW, the department will give written notice to the vendor. The notice will include the amount of the overpayment, the basis for the claim, and the rights of the vendor under this section.
(2) The notice may be served upon the vendor in the manner prescribed for the service of a summons in civil action or be mailed to the vendor at the last known address by certified mail, return receipt requested, demanding payment within twenty days of the date of receipt.
(3) The vendor has the right to an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW, and the rules of the department. The vendor's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the department's notice. The application must be served on and received by the department within twenty-eight days of the vendor's receipt of the notice of overpayment. The vendor must serve the department in a manner providing proof of receipt.
(4) Where an adjudicative proceeding has been requested, the presiding or reviewing office will determine the amount, if any, of the overpayment received by the vendor.
(5) If the vendor fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice to be assessed against the vendor and subject to collection action by the department.
(6) Failure to make an application for an adjudicative proceeding within twenty-eight days of the date of notice will result in the establishment of a final debt against the vendor in the amount asserted by the department and that amount is subject to collection action. The department may also charge the vendor with any costs associated with the collection of any final overpayment or debt established against the vendor.
(7) The department may enforce a final overpayment or debt through lien and foreclosure, distraint, seizure and sale, order to withhold and deliver, or other collection action available to the department to satisfy the debt due.
(8) Debts determined under this chapter are subject to collection action without further necessity of action by a presiding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, and 43.20B.680. In addition, a vendor lien may be subject to distraint and seizure and sale in the same manner as prescribed for support liens in RCW 74.20A.130.
(9) Chapter 66, Laws of 1998 applies to overpayments for goods or services provided on or after July 1, 1998.
(10) The department may adopt rules consistent with this section.
[ 1998 c 66 s 2.]
Notes:
Findings—1998 c 66: "The legislature finds that more efficient and cost-effective means are available for the collection of vendor overpayments owed the state of Washington. The legislature further finds it desirable to provide vendors a uniform formal appeal process that will streamline the current process for both the department of social and health services and the vendor." [ 1998 c 66 s 1.]

catchline: Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.


title: RCW 43.20B.680

text:
(1) The department may, at the secretary's discretion, secure the repayment of any outstanding overpayment, plus interest, if any, through the filing of a lien against the vendor's real property, or by requiring the posting of a bond, assignment of deposit, or some other form of security acceptable to the department, or by doing both.
(a) Any lien shall be effective from the date of filing for record with the county auditor of the county in which the property is located and the lien claim shall have preference over the claims of all unsecured creditors.
(b) The department shall review and determine the acceptability of all other forms of security.
(c) Any bond must be issued by a company licensed as a surety in the state of Washington.
(d) This subsection does not apply to nursing homes licensed under chapter 18.51 RCW or portions of hospitals licensed under chapter 70.41 RCW and operating as a nursing home, if those facilities are subject to chapter 74.46 RCW.
(2) The department may recover any overpayment, plus interest, if any, by setoff or recoupment against subsequent payments to the vendor.
[ 1987 c 283 s 10.]
Notes:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.

catchline: Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.


title: RCW 43.20B.685

text:
Liens created under RCW 43.20B.680 shall bind the affected property for a period of ten years after the lien has been recorded or ten years after the resolution of all good faith disputes as to the overpayment, whichever is later. Any civil action by the department to enforce such lien must be timely commenced before the ten-year period expires or the lien shall be released. A civil action to enforce such lien shall not be timely commenced unless the summons and complaint are filed within the ten-year period in a court having jurisdiction and service of the summons and complaint is made upon all parties in the manner prescribed by appropriate civil court rules.
[ 1987 c 283 s 11.]
Notes:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.


title: RCW 43.20B.688

text:
Any action to enforce a vendor overpayment debt shall be commenced within six years from the date of the department's notice to the vendor.
[ 1987 c 283 s 15. Formerly RCW 43.20A.440.]
Notes:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
Vendor overpayments: RCW 43.20B.680 through 43.20B.695.

catchline: Limitation on actions to enforce vendor overpayment debts.


title: RCW 43.20B.690

text:
The remedies under RCW 43.20B.680 and 43.20B.685 are nonexclusive and nothing contained in this chapter may be construed to impair or affect the right of the department to maintain a civil action or to pursue any other remedies available to it under the laws of this state to recover such debt.
[ 1987 c 283 s 12.]
Notes:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.


title: RCW 43.20B.695

text:
(1) Except as provided in subsection (4) of this section, vendors shall pay interest on overpayments at the rate of one percent per month or portion thereof. Where partial repayment of an overpayment is made, interest accrues on the remaining balance. Interest will not accrue when the overpayment occurred due to department error.
(2) If the overpayment is discovered by the vendor prior to discovery and notice by the department, the interest shall begin accruing ninety days after the vendor notifies the department of such overpayment.
(3) If the overpayment is discovered by the department prior to discovery and notice by the vendor, the interest shall begin accruing thirty days after the date of notice by the department to the vendor.
(4) This section does not apply to:
(a) Interagency or intergovernmental transactions;
(b) Contracts for public works, goods and services procured for the exclusive use of the department, equipment, or travel; and
(c) Contracts entered into before September 1, 1979, for contracts with medical assistance funding, and August 23, 1983, for all other contracts.
[ 2008 c 53 s 1; 1987 c 283 s 2; 1983 1st ex.s. c 41 s 17. Formerly RCW 43.20A.435.]
Notes:
Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.
Savings—1983 1st ex.s. c 41 s 17: "The enactment of section 17 of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on August 23, 1983." [ 1983 1st ex.s. c 41 s 18.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.


title: RCW 43.20B.710

text:
If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair market value is liable for a civil penalty equal to the uncompensated value of the cash or resources transferred or assigned at less than fair market value. The civil penalty shall not exceed the cost of assistance rendered by the department to the applicant or recipient. The person may rebut the presumption that the transfer or assignment was made for the purpose of enabling the applicant or recipient to qualify or continue to qualify for assistance. The prevailing party in such an action shall be awarded reasonable attorney's fees.
[ 1987 c 75 s 47.]
Notes:
*Reviser's note: RCW 74.09.538 was repealed by 1989 c 87 s 11.
Transfer of spousal resources: RCW 74.09.530 through 74.09.595.

catchline: Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.


title: RCW 43.20B.720

text:
(1) To avoid a duplicate payment of benefits, a recipient of public assistance from the department of social and health services is deemed to have subrogated the department to the recipient's right to recover temporary total disability compensation due to the recipient and the recipient's dependents under Title 51 RCW, to the extent of such assistance or compensation, whichever is less. However, the amount to be repaid to the department of social and health services shall bear its proportionate share of attorney's fees and costs, if any, incurred under Title 51 RCW by the recipient or the recipient's dependents.
(2) The department of social and health services may assert and enforce a lien and notice to withhold and deliver to secure reimbursement. The department shall identify in the lien and notice to withhold and deliver the recipient of public assistance and temporary total disability compensation and the amount claimed by the department.
[ 1997 c 130 s 1; 1985 c 245 s 7; 1982 c 201 s 17; 1973 1st ex.s. c 102 s 1. Formerly RCW 74.04.530.]

catchline: Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.


title: RCW 43.20B.730

text:
The effective date of the lien and notice to withhold and deliver provided in RCW 43.20B.720 is the day that it is received by the department of labor and industries or a self-insurer as defined in chapter 51.08 RCW. Service of the lien and notice to withhold and deliver may be made personally, by regular mail with postage prepaid, or by electronic means. A statement of lien and notice to withhold and deliver shall be mailed to the recipient at the recipient's last known address by certified mail, return receipt requested, no later than two business days after the department mails, delivers, or transmits the lien and notice to withhold and deliver to the department of labor and industries or a self-insurer.
[ 1997 c 130 s 2; 1987 c 75 s 34; 1985 c 245 s 9; 1973 1st ex.s. c 102 s 3. Formerly RCW 74.04.550.]

catchline: Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service.


title: RCW 43.20B.735

text:
The director of labor and industries or the director's designee, or a self-insurer as defined in chapter 51.08 RCW, following receipt of the lien and notice to withhold and deliver, shall deliver to the secretary of social and health services or the secretary's designee any temporary total disability compensation payable to the recipient named in the lien and notice to withhold and deliver up to the amount claimed. The director of labor and industries or self-insurer shall withhold and deliver from funds currently in the director's or self-insurer's possession or from any funds that may at any time come into the director's or self-insurer's possession on account of temporary total disability compensation payable to the recipient named in the lien and notice to withhold and deliver.
[ 1997 c 130 s 3; 1973 1st ex.s. c 102 s 4. Formerly RCW 74.04.560.]

catchline: Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount.


title: RCW 43.20B.740

text:
A recipient feeling aggrieved by the action of the department of social and health services in recovering his or her temporary total disability compensation as provided in RCW 43.20B.720 through 43.20B.745 shall have the right to an adjudicative proceeding.
A recipient seeking an adjudicative proceeding shall file an application with the secretary within twenty-eight days after the statement of lien and notice to withhold and deliver was mailed to the recipient. If the recipient files an application more than twenty-eight days after, but within one year of, the date the statement of lien and notice to withhold and deliver was mailed, the recipient is entitled to a hearing if the recipient shows good cause for the recipient's failure to file a timely application. The filing of a late application does not affect prior collection action pending the final adjudicative order. Until good cause for failure to file a timely application is decided, the department may continue to collect under the lien and notice to withhold and deliver.
The proceeding shall be governed by chapter 34.05 RCW, the Administrative Procedure Act.
[ 1997 c 130 s 4; 1989 c 175 s 101; 1987 c 75 s 35; 1973 1st ex.s. c 102 s 5. Formerly RCW 74.04.570.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order.


title: RCW 43.20B.745

text:
RCW 43.20B.720 through 43.20B.745 shall not apply to persons whose eligibility for benefits under Title 51 RCW, is based upon an injury or illness occurring prior to July 1, 1972.
[ 1987 c 75 s 36; 1973 1st ex.s. c 102 s 6. Formerly RCW 74.04.580.]

catchline: Recipient receiving industrial insurance compensation—Application.


title: RCW 43.20B.750

text:
(1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of social and health services may present to the county auditor for recording in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property. The department shall adopt a rule providing prior notice and hearing rights to the record titleholder or purchaser under a land sale contract.
(2) The department shall present to the county auditor for recording a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department to monitor transfers or encumbrances related to the real property.
(3) The department shall adopt by rule a form for the request for notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:
(a) Contains the name of the public assistance recipient and a departmental case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual's public assistance records;
(b) Contains the legal description of the real property;
(c) Contains a mailing address for the department to receive the notice of transfer or encumbrance; and
(d) Complies with the requirements for recording in RCW 36.18.010 for those forms intended to be recorded.
(4) The department shall pay the recording fee required by the county clerk under RCW 36.18.010.
(5) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of, or other interest in the real property.
[ 2005 c 292 s 1.]

catchline: Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules.


title: RCW 43.20B.900

text:
The enactment of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 26, 1987.
[ 1987 c 75 s 48.]

catchline: Savings—1987 c 75.


title: RCW 43.20B.902

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 106.]

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


title: RCW 43.20C.005

text:
(1) The legislature intends that prevention and intervention services delivered to children and juveniles in the areas of mental health, child welfare, and juvenile justice be primarily evidence-based and research-based, and it is anticipated that such services will be provided in a manner that is culturally competent.
(2) The legislature also acknowledges that baseline information is not presently available regarding the extent to which evidence-based and research-based practices are presently available and in use in the areas of children's mental health, child welfare, and juvenile justice; the cost of those practices; and the most effective strategies and appropriate time frames for expecting their broader use. Thus, it would be wise to establish baseline data regarding the use and availability of evidence-based and research-based practices.
(3) It is the intent of the legislature that increased use of evidence-based and research-based practices be accomplished to the extent possible within existing resources by coordinating the purchase of evidence-based services, the development of a trained workforce, and the development of unified and coordinated case plans to provide treatment in a coordinated and consistent manner.
(4) The legislature recognizes that in order to effectively provide evidence-based and research-based practices, contractors should have a workforce trained in these programs, and outcomes from the use of these practices should be monitored.
[ 2012 c 232 s 1.]

catchline: Intent.


title: RCW 43.20C.010

text:
For the purposes of this chapter:
(1) "Contractors" does not include county probation staff that provide evidence-based or research-based programs.
(2) "Prevention and intervention services" means services and programs for children and youth and their families that are specifically directed to address behaviors that have resulted or may result in truancy, abuse or neglect, out-of-home placements, chemical dependency, substance abuse, sexual aggressiveness, or mental or emotional disorders.
[ 2012 c 232 s 2.]

catchline: Definitions.


title: RCW 43.20C.020

text:
The department of social and health services shall accomplish the following in consultation and collaboration with the Washington state institute for public policy, the evidence-based practice institute at the University of Washington, a university-based child welfare partnership and research entity, other national experts in the delivery of evidence-based services, and organizations representing Washington practitioners:
(1) By September 30, 2012, the Washington state institute for public policy, the University of Washington evidence-based practice institute, in consultation with the department shall publish descriptive definitions of evidence-based, research-based, and promising practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services.
(a) In addition to descriptive definitions, the Washington state institute for public policy and the University of Washington evidence-based practice institute must prepare an inventory of evidence-based, research-based, and promising practices for prevention and intervention services that will be used for the purpose of completing the baseline assessment described in subsection (2) of this section. The inventory shall be periodically updated as more practices are identified.
(b) In identifying evidence-based and research-based services, the Washington state institute for public policy and the University of Washington evidence-based practice institute must:
(i) Consider any available systemic evidence-based assessment of a program's efficacy and cost-effectiveness; and
(ii) Attempt to identify assessments that use valid and reliable evidence.
(c) Using state, federal, or private funds, the department shall prioritize the assessment of promising practices identified in (a) of this subsection with the goal of increasing the number of such practices that meet the standards for evidence-based and research-based practices.
(2) By June 30, 2013, the department and the health care authority shall complete a baseline assessment of utilization of evidence-based and research-based practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services. The assessment must include prevention and intervention services provided through medicaid fee-for-service and healthy options managed care contracts. The assessment shall include estimates of:
(a) The number of children receiving each service;
(b) For juvenile rehabilitation and child welfare services, the total amount of state and federal funds expended on the service;
(c) For children's mental health services, the number and percentage of encounters using these services that are provided to children served by behavioral health organizations and children receiving mental health services through medicaid fee-for-service or healthy options;
(d) The relative availability of the service in the various regions of the state; and
(e) To the extent possible, the unmet need for each service.
(3)(a) By December 30, 2013, the department and the health care authority shall report to the governor and to the appropriate fiscal and policy committees of the legislature on recommended strategies, timelines, and costs for increasing the use of evidence-based and research-based practices. The report must distinguish between a reallocation of existing funding to support the recommended strategies and new funding needed to increase the use of the practices.
(b) The department shall provide updated recommendations to the governor and the legislature by December 30, 2014, and by December 30, 2015.
(4)(a) The report required under subsection (3) of this section must include recommendations for the reallocation of resources for evidence-based and research-based practices and substantial increases above the baseline assessment of the use of evidence-based and research-based practices for the 2015-2017 and the 2017-2019 biennia. The recommendations for increases shall be consistent with subsection (2) of this section.
(b) If the department or health care authority anticipates that it will not meet its recommended levels for an upcoming biennium as set forth in its report, it must report to the legislature by November 1st of the year preceding the biennium. The report shall include:
(i) The identified impediments to meeting the recommended levels;
(ii) The current and anticipated performance level; and
(iii) Strategies that will be undertaken to improve performance.
(5) Recommendations made pursuant to subsections (3) and (4) of this section must include strategies to identify programs that are effective with ethnically diverse clients and to consult with tribal governments, experts within ethnically diverse communities, and community organizations that serve diverse communities.
[ 2014 c 225 s 66; 2012 c 232 s 3.]
Notes:
Effective date—2014 c 225: See note following RCW 71.24.016.

catchline: Evidence-based, research-based, and promising practices—Descriptive definitions—Inventory—Baseline assessment—Reports.


title: RCW 43.20C.030

text:
The department of social and health services, in consultation with a university-based evidence-based practice institute entity in Washington, the Washington partnership council on juvenile justice, the child mental health systems of care planning committee, the children, youth, and family advisory committee, the health care authority, the Washington state racial disproportionality advisory committee, a university-based child welfare research entity in Washington state, behavioral health administrative services organizations established in chapter 71.24 RCW, managed care organizations contracted with the authority under chapter 74.09 RCW, the Washington association of juvenile court administrators, and the Washington state institute for public policy, shall:
(1) Develop strategies to use unified and coordinated case plans for children, youth, and their families who are or are likely to be involved in multiple systems within the department;
(2) Use monitoring and quality control procedures designed to measure fidelity with evidence-based and research-based prevention and treatment programs; and
(3) Utilize any existing data reporting and system of quality management processes at the state and local level for monitoring the quality control and fidelity of the implementation of evidence-based and research-based practices.
[ 2019 c 325 s 5011; 2014 c 225 s 67; 2012 c 232 s 4.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.

catchline: Unified and coordinated case plans—Monitoring and quality control procedures—Quality control and fidelity of implementation.


title: RCW 43.20C.040

text:
(1) The department of social and health services and the health care authority shall identify components of evidence-based practices for which federal matching funds might be claimed and seek such matching funds to support implementation of evidence-based practices.
(2) The department shall efficiently use funds to coordinate training in evidence-based and research-based practices across the programs areas of juvenile justice, children's mental health, and child welfare.
(3) Any child welfare training related to implementation of this chapter must be delivered by the University of Washington school of social work in coordination with the University of Washington evidence-based practice institute.
(4) Nothing in this chapter requires the department or the health care authority to:
(a) Take actions that are in conflict with presidential executive order 13175 or that adversely impact tribal-state consultation protocols or contractual relations; or
(b) Redirect funds in a manner that:
(i) Conflicts with the requirements of the department's section 1915(b) medicaid mental health waiver; or
(ii) Would substantially reduce federal medicaid funding for mental health services or impair access to appropriate and effective services for a substantial number of medicaid clients; or
(c) Undertake actions that, in the context of a lawsuit against the state, are inconsistent with the department's obligations or authority pursuant to a court order or agreement.
[ 2012 c 232 s 5.]

catchline: Federal matching funds—Training funds—Training provider.


title: RCW 43.210.010

text:
The legislature finds:
(1) The exporting of goods and services from Washington to international markets is an important economic stimulus to the growth, development, and stability of the state's businesses in both urban and rural areas, and that these economic activities create needed jobs for Washingtonians.
(2) Impediments to the entry of many small and medium-sized businesses into export markets have restricted growth in exports from the state.
(3) Particularly significant impediments for many small and medium-sized businesses are the lack of easily accessible information about export opportunities and financing alternatives.
(4) There is a need for a small business export finance assistance center which will specialize in providing export assistance to small and medium-sized businesses throughout the state in acquiring information about export opportunities and financial alternatives for exporting.
[ 1990 1st ex.s. c 17 s 65; 1985 c 231 s 1; 1983 1st ex.s. c 20 s 1.]
Notes:
Intent—1990 1st ex.s. c 17: "The legislature finds that the Puget Sound region is experiencing economic prosperity and the challenges associated with rapid growth; much of the rest of the state is not experiencing economic prosperity, and faces challenges associated with slow economic growth. It is the intent of the legislature to encourage economic prosperity and balanced economic growth throughout the state.
In order to accomplish this goal, growth must be managed more effectively in the Puget Sound region, and rural areas must build local capacity to accommodate additional economic activity in their communities. Where possible, rural economies and low-income areas should be linked with prosperous urban economies to share economic growth for the benefit of all areas and the state.
To accomplish this goal it is the intent of the legislature to: (1) Assure equitable opportunities to secure prosperity for distressed areas, rural communities, and disadvantaged populations by promoting urban-rural economic links, and by promoting value-added product development, business networks, and increased exports from rural areas; (2) improve the economic development service delivery system to be better able to serve these areas, communities, and populations; (3) redirect the priorities of the state's economic development programs to focus economic development efforts into areas and sectors of the greatest need; (4) build local capacity so that communities are better able to plan for growth and achieve self-reliance; (5) administer grant programs to promote new feasibility studies and project development on projects of interest to rural areas or areas outside of the Puget Sound region; and (6) develop a coordinated economic investment strategy involving state economic development programs, businesses, educational and vocational training institutions, local governments and local economic development organizations, ports, and others." [ 1990 1st ex.s. c 17 s 64.]
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: Findings.


title: RCW 43.210.020

text:
A nonprofit corporation, to be known as the small business export finance assistance center, and branches subject to its authority, may be formed under chapter 24.03A RCW for the following public purposes:
(1) To assist small and medium-sized businesses in both urban and rural areas in the financing of export transactions.
(2) To provide, singly or in conjunction with other organizations, information and assistance to these businesses about export opportunities and financing alternatives.
[ 2021 c 176 s 5224; 1998 c 109 s 1; 1990 1st ex.s. c 17 s 66; 1985 c 231 s 2; 1983 1st ex.s. c 20 s 2.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
Transfer of property—1985 c 231: "All reports, documents, surveys, books, records, files, papers, or written material in the possession of the export assistance center shall be delivered to the custody of the small business export finance assistance center. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the export assistance center shall be made available to the small business export finance assistance center. All funds, credits, or other assets held by the export assistance center shall be assigned to the small business export finance assistance center.
Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned." [ 1985 c 231 s 7.]
Existing contracts—1985 c 231: "All existing contracts and obligations shall remain in full force and shall be performed by the small business export finance assistance center." [ 1985 c 231 s 8.]
Savings—1985 c 231: "The transfer of the powers, duties, and functions of the export assistance center shall not affect the validity of any act performed prior to May 10, 1985." [ 1985 c 231 s 9.]

catchline: Small business export finance assistance center authorized—Purposes.


title: RCW 43.210.030

text:
The small business export finance assistance center and its branches shall be governed and managed by a board of seven directors appointed by the governor, with the advice of the board, and confirmed by the senate. The directors shall serve terms of four years following the terms of service established by the initial appointments after June 11, 1998. Three appointees, including directors on June 11, 1998, who are reappointed, must serve initial terms of two years and, if a director is reappointed that director may serve a consecutive four-year term. Four appointees, including directors on June 11, 1998, who are reappointed, must serve initial terms of four years and, if a director is reappointed that director may serve a consecutive four-year term. After the initial appointments, directors may serve two consecutive terms. The directors may provide for the payment of their expenses. The directors shall include the director of commerce or the director's designee; representatives of a large financial institution engaged in financing export transactions in the state of Washington; a small financial institution engaged in financing export transactions in the state of Washington; a large exporting company domiciled in the state of Washington; a small exporting company in the state of Washington; organized labor in a trade involved in international commerce; and a representative at large. To the extent possible, appointments to the board shall reflect geographical balance and the diversity of the state population. Any vacancies on the board due to the expiration of a term or for any other reason shall be filled by appointment by the governor for the unexpired term.
[ 2023 c 470 s 2073; 1998 c 109 s 2; 1995 c 399 s 106; 1991 c 314 s 15; 1985 c 231 s 3; 1983 1st ex.s. c 20 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Findings—1991 c 314: See note following RCW 43.160.020.


title: RCW 43.210.040

text:
(1) The small business export finance assistance center formed under RCW 43.210.020 and 43.210.030 has the powers granted under chapter 24.03A RCW. In exercising such powers, the center may:
(a) Solicit and accept grants, contributions, and any other financial assistance from the federal government, federal agencies, and any other sources to carry out its purposes;
(b) Make loans or provide loan guarantees on loans made by financial institutions to Washington businesses with annual sales of two hundred million dollars or less for the purpose of financing exports of goods or services by those businesses to buyers in foreign countries and for the purpose of financing business growth to accommodate increased export sales. Loans or loan guarantees made under the authority of this section may only be considered upon a financial institution's assurance that such loan or loan guarantee is otherwise not available;
(c) Provide assistance to businesses with annual sales of two hundred million dollars or less in obtaining loans and guarantees of loans made by financial institutions for the purpose of financing export of goods or services from the state of Washington;
(d) Provide export finance and risk mitigation counseling to Washington exporters with annual sales of two hundred million dollars or less, provided that such counseling is not practicably available from a Washington for-profit business. For such counseling, the center may charge reasonable fees as it determines are necessary;
(e) Provide assistance in obtaining export credit insurance or alternate forms of foreign risk mitigation to facilitate the export of goods and services from the state of Washington;
(f) Be available as a teaching resource to both public and private sponsors of workshops and programs relating to the financing and risk mitigation aspects of exporting products and services from the state of Washington;
(g) Develop a comprehensive inventory of export-financing resources, both public and private, including information on resource applicability to specific countries and payment terms;
(h) Contract with the federal government and its agencies to become a program administrator for federally provided loan guarantee and export credit insurance programs; and
(i) Take whatever action may be necessary to accomplish the purposes set forth in this chapter.
(2) The center may not use any Washington state funds or funds which come from the public treasury of the state of Washington to make loans or to make any payment under a loan guarantee agreement. Under no circumstances may the center use any funds received under RCW 43.210.050 to make or assist in making any loan or to pay or assist in paying any amount under a loan guarantee agreement. Debts of the center shall be center debts only and may be satisfied only from the resources of the center. The state of Washington shall not in any way be liable for such debts.
(3) The small business export finance assistance center shall make every effort to seek nonstate funds for its continued operation.
(4) The small business export finance assistance center may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the small business export finance assistance center and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
[ 2021 c 176 s 5225; 2010 c 166 s 1; 1998 c 109 s 3; 1987 c 505 s 43; 1985 c 231 s 4; 1983 1st ex.s. c 20 s 4.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Powers and duties.


title: RCW 43.210.050

text:
(1) The small business export finance assistance center formed under RCW 43.210.020 and 43.210.030 must enter into a contract under this chapter with the department of commerce or its statutory successor.
(2) The contract under subsection (1) of this section must:
(a) Require the center to provide export assistance services;
(b) Have a duration of two years;
(c) Require the center to aggressively seek to fund its continued operation from nonstate funds; and
(d) Require the center to report annually to the department on its success in obtaining nonstate funding.
[ 2010 c 166 s 2; 1998 c 245 s 84; 1995 c 399 s 107; 1991 c 314 s 16. Prior: 1985 c 466 s 64; 1985 c 231 s 5; 1983 1st ex.s. c 20 s 5.]
Notes:
Findings—1991 c 314: See note following RCW 43.160.020.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.

catchline: Export assistance services contract with department of commerce.


title: RCW 43.210.060

text:
The department of commerce or its statutory successor shall adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter.
[ 2023 c 470 s 2074; 1995 c 399 s 108; 1985 c 466 s 65; 1983 1st ex.s. c 20 s 6.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.

catchline: Rule-making authority.


title: RCW 43.210.080

text:
Subject to the availability of amounts appropriated for this specific purpose, the small business export finance assistance center must:
(1) Develop a rural manufacturer export outreach program in conjunction with impact Washington. The program must provide outreach services to rural manufacturers in Washington to inform them of the importance of and opportunities in international trade, and to inform them of the export assistance programs available to assist these businesses to become exporters; and
(2) Develop export loan or loan guarantee programs in conjunction with the Washington economic development finance authority and the appropriate federal and private entities.
[ 2010 c 166 s 3.]

catchline: Rural manufacturer export outreach program—Export loan or loan guarantee programs.


title: RCW 43.210.130

text:
The small business export finance assistance center shall develop a minority business export outreach program. The program shall provide outreach services to minority-owned businesses in Washington to inform them of the importance of and opportunities in international trade, and to inform them of the export assistance programs available to assist these businesses to become exporters.
[ 1993 c 512 s 5.]
Notes:
Office of minority and women's business enterprises: Chapter 39.19 RCW.

catchline: Minority business export outreach program.


title: RCW 43.211.005

text:
The legislature finds that the implementation of a single easy to use telephone number, 211, for public access to information and referral for health and human services and information about access to services after a natural or nonnatural disaster will benefit the citizens of the state of Washington by providing easier access to available health and human services, by reducing inefficiencies in connecting people with the desired service providers, and by reducing duplication of efforts. The legislature further finds in a time of reduced resources for providing health and human services that establishing a cost-effective means to continue to provide information to the public about available services is important. The legislature further finds that an integrated statewide system of local information and referral service providers will build upon an already existing network of experienced service providers without the necessity of creating a new agency, department, or system to provide 211 services. The legislature further finds that no funds should be appropriated by the legislature to a 211 system under chapter 135, Laws of 2003 without receiving documentation that a 211 system will provide savings to the state.
[ 2003 c 135 s 1.]


title: RCW 43.211.010

text:
211 is created as the official state dialing code for public access to information and referral for health and human services and information about access to services after a natural or nonnatural disaster.
[ 2003 c 135 s 2.]

catchline: 211 system.


title: RCW 43.211.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of social and health services.
(2) "WIN 211" means the Washington information network 211, a 501(c)(3) corporation incorporated in the state of Washington.
(3) "Approved 211 service provider" means a public or nonprofit agency or organization designated by WIN 211 to provide 211 services.
(4) "211 service area" means an area of the state of Washington identified by WIN 211 as an area in which an approved 211 service provider will provide 211 services.
(5) "211" means the abbreviated dialing code assigned by the federal communications commission on July 21, 2000, for consumer access to community information and referral services.
[ 2003 c 135 s 3.]


title: RCW 43.211.030

text:
Before a state agency or department that provides health and human services establishes a new public information telephone line or hotline, the state agency or department shall consult with WIN 211 about using the 211 system to provide public access to the information.
[ 2003 c 135 s 4.]

catchline: New information services.


title: RCW 43.211.040

text:
Only a service provider approved by WIN 211 may provide 211 telephone services. WIN 211 shall approve 211 service providers, after considering the following:
(1) The ability of the proposed 211 service provider to meet the national 211 standards recommended by the alliance of information and referral systems and adopted by the national 211 collaborative on May 5, 2000;
(2) The financial stability and health of the proposed 211 service provider;
(3) The community support for the proposed 211 service provider;
(4) The relationships with other information and referral services; and
(5) Such other criteria as WIN 211 deems appropriate.
[ 2003 c 135 s 5.]

catchline: 211 services.


title: RCW 43.211.060

text:
(1) WIN 211 shall study, design, implement, and support a statewide 211 system.
(2) Activities eligible for assistance from the 211 account include, but are not limited to:
(a) Creating a structure for a statewide 211 resources database that will meet the alliance for information and referral systems standards for information and referral systems databases and that will be integrated with local resources databases maintained by approved 211 service providers;
(b) Developing a statewide resources database for the 211 system;
(c) Maintaining public information available from state agencies, departments, and programs that provide health and human services for access by 211 service providers;
(d) Providing grants to approved 211 service providers for the design, development, and implementation of 211 for its 211 service area;
(e) Providing grants to approved 211 service providers to enable 211 service providers to provide 211 service on an ongoing basis; and
(f) Providing grants to approved 211 service providers to enable the provision of 211 services on a twenty-four-hour per day seven-day a week basis.
[ 2003 c 135 s 7.]

catchline: Use of 211 account moneys.


title: RCW 43.211.070

text:
WIN 211 shall provide an annual report to the legislature and the department beginning July 1, 2004.
[ 2003 c 135 s 8.]

catchline: Reports to the legislature.


title: RCW 43.211.902

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003.
[ 2003 c 135 s 11.]

catchline: Effective date—2003 c 135.


title: RCW 43.216.005

text:
(1) The legislature finds that state services are not currently organized and delivered in a way that achieves the optimal outcomes for children, youth, and families. The legislature believes that, to improve service delivery and outcomes, existing services must be restructured into a comprehensive agency dedicated to the safety, development, and well-being of children that emphasizes prevention, early childhood development, and early intervention, and supporting parents to be their children's first and most important teachers.
(2) The legislature finds that:
(a) The early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development;
(b) A successful outcome for every child obtaining a K-12 education depends on children being prepared from birth for academic and social success in school. For children at risk of school failure, the opportunity gap often emerges as early as eighteen months of age;
(c) A more cohesive and integrated early learning system has been established that provides a solid foundation for further improvements in the quality and availability of early learning programs; and
(d) Increasing the availability of high quality services for children ages birth to three and their parents or caregivers will result in improved school and life outcomes.
(3) Research is clear that quality culturally and linguistically responsive early care and education builds the foundation for a child's success in school and in life. In restructuring early learning and child welfare services, the legislature seeks to build on the success of Washington's early learning efforts to assure children most at risk of experiencing adversity are provided high quality early learning experiences.
(4) The legislature finds that advancements in research and science have identified indicators of risk, how they impact healthy development, and the critical importance of stable, nurturing relationships, particularly in the early years. Services for families and children should be prioritized for those who are most at risk of neglect, physical harm, and other adverse factors.
(5) The legislature finds that a focus on adolescent development is needed to ensure that effective supports and interventions are targeted to support adolescents successfully transitioning to adulthood. Youth known to both the child welfare and juvenile justice systems often suffer from childhood trauma, have multisystem involvement, and experience homelessness. Increased integration of the child welfare and juvenile justice systems can increase opportunities for prevention and improve outcomes for youth in both systems.
(6) The legislature finds that children and youth of color are disproportionately impacted at every point in the child welfare and juvenile justice systems. The department of children, youth, and families must prioritize addressing equity, disproportionality, and disparity in service delivery and outcomes, and provide transparent, frequent reporting of outcomes by race, ethnicity, and geography. The legislature finds that the state values the partnership with tribes in providing services for our children and youth and intends to honor the government-to-government relationship between the state and tribes.
(7) The department of children, youth, and families must be anchored in a culture of innovation, transparency, accountability, rigorous data analysis, and reliance on research and evidence-based interventions.
(8) The legislature finds that the public expects an effective service delivery system that is comprehensive, accountable, and goes beyond a single department's role. For this reason, the legislature is creating a mechanism in the department of children, youth, and families to align, integrate, and ensure accountability of state services for children, youth, and their families across state agencies so that there is a seamless, effective, prevention and early intervention-based service system regardless of which state agency is responsible for particular services.
(9) The legislature finds that the work of the department of children, youth, and families will only be as successful as the workforce—both the agency employees and community-based providers. Increased support for the professionals working with children, youth, and families is critical to improving outcomes.
(10) The legislature further finds that other states have successfully established integrated departments dedicated to serving children, youth, and families. These departments have improved the visibility of child and family issues, increased authority and accountability, enabled system improvements, and created a stronger focus on improving child outcomes.
[ 2017 3rd sp.s. c 6 s 1.]