Washington Code 71A.10.060 – Notice by secretary
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(1) Whenever this title requires the secretary to give notice, the secretary shall give notice to the person with a developmental disability and, except as provided in subsection (3) of this section, to at least one other person. The other person shall be the first person known to the secretary in the following order of priority:
Terms Used In Washington Code 71A.10.060
- Department: means the department of social and health services. See Washington Code 71A.10.020
- Developmental disability: means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. See Washington Code 71A.10.020
- Legal representative: means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney-at-law, a person's attorney-in-fact, or any other person who is authorized by law to act for another person. See Washington Code 71A.10.020
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Secretary: means the secretary of social and health services or the secretary's designee. See Washington Code 71A.10.020
(a) A legal representative of the person with a developmental disability;
(b) A parent of a person with a developmental disability who is eighteen years of age or older;
(c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship;
(d) The Washington protection and advocacy system for the rights of persons with developmental disabilities, appointed in compliance with 42 U.S.C. § 6042; or
(e) A person who is not an employee of the department or of a person who contracts with the department under this title who, in the opinion of the secretary, will be concerned with the welfare of the person.
(2) Notice to a person with a developmental disability shall be given in a way that the person is best able to understand. This can include reading or explaining the materials to the person.
(3) A person with a developmental disability may in writing request the secretary to give notice only to that person. The secretary shall comply with that direction unless the secretary denies the request because the person may be at risk of losing rights if the secretary complies with the request. The secretary shall give notice as provided in subsections (1) and (2) of this section. On filing an application with the secretary within thirty days of receipt of the notice, the person who made the request has the right to an adjudicative proceeding under RCW 71A.10.050 on the secretary’s decision.
(4) The giving of notice to a person under this title does not empower the person who is given notice to take any action or give any consent.
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.