Chapter 74.29 RCW

REHABILITATION SERVICES FOR INDIVIDUALS WITH DISABILITIES

Sections
Purpose.
Definitions.
Powers and duties of state agency.
Cooperative agreements with state and local agencies.
Acceptance of federal aidGenerally.
Acceptance of federal aidConstruction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds.
Rehabilitation and job support servicesProcedureRegister of eligible individuals and organizations.
NOTES:
Department of social and health services (including division of vocational rehabilitation): Chapter 43.20A RCW.
Investment of accident, medical aid, reserve, industrial insurance rainy day supplemental pension funds: RCW 51.44.100.


74.29.005
Purpose.

The purposes of this chapter are (1) to rehabilitate individuals with disabilities who have a barrier to employment so that they may prepare for and engage in a gainful occupation; (2) to provide persons with physical, mental, or sensory disabilities with a program of services which will result in greater opportunities for them to enter more fully into life in the community; (3) to promote activities which will assist individuals with disabilities to become self-sufficient and self-supporting; and (4) to encourage and develop community rehabilitation programs, job support services, and other resources needed by individuals with disabilities.



74.29.010
Definitions.

(1) "Independence" means a reasonable degree of restoration from dependency upon others to self-direction and greater control over circumstances of one's life for personal needs and care and includes but is not limited to the ability to live in one's home.
(2) "Individual with disabilities" means an individual:
(a) Who has a physical, mental, or sensory disability, which requires vocational rehabilitation services to prepare for, enter into, engage in, retain, or engage in and retain gainful employment consistent with his or her capacities and abilities; or
(b) Who has a physical, mental, or sensory impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of vocational rehabilitation or independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment.
(3) "Individual with severe disabilities" means an individual with disabilities:
(a) Who has a physical, mental, or sensory impairment that seriously limits one or more functional capacities, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, in terms of employment outcome, and/or independence and participation in family or community life;
(b) Whose rehabilitation can be expected to require multiple rehabilitation services over an extended period of time; and
(c) Who has one or more physical, mental, or sensory disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and rehabilitation needs to cause comparable substantial functional limitation.
(4) "Job support services" means ongoing goods and services provided after vocational rehabilitation, subject to available funds, that support an individual with severe disabilities in employment. Such services include, but are not limited to, extraordinary supervision or job coaching.
(5) "Physical, mental, or sensory disability" means a physical, mental, or sensory condition which materially limits, contributes to limiting or, if not corrected or accommodated, will probably result in limiting an individual's activities or functioning.
(6) "Rehabilitation services" means goods or services provided to: (a) Determine eligibility and rehabilitation needs of individuals with disabilities, and/or (b) enable individuals with disabilities to attain or retain employment and/or independence, and/or (c) contribute substantially to the rehabilitation of a group of individuals with disabilities. To the extent federal funds are available, goods and services may include, but are not limited to, the establishment, construction, development, operation and maintenance of community rehabilitation programs and independent living centers, as well as special demonstration projects.
(7) "State agency" means the department of social and health services.
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Purpose2010 c 94: See note following RCW 44.04.280.
Effective dateSeverability1970 ex.s. c 18: See notes following RCW 43.20A.010.



74.29.020
Powers and duties of state agency.

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



74.29.037
Cooperative agreements with state and local agencies.

The state agency may establish cooperative agreements with other state and local agencies.



74.29.050
Acceptance of federal aid—Generally.

The state of Washington does hereby:
(1) Accept the provisions and maximum possible benefits resulting from any acts of congress which provide benefits for the purposes of this chapter;
(2) Designate the state treasurer as custodian of all moneys received by the state from appropriations made by the congress of the United States for purposes of this chapter, and authorize the state treasurer to make disbursements therefrom upon the order of the state agency; and
(3) Empower and direct the state agency to cooperate with the federal government in carrying out the provisions of this chapter or of any federal law or regulation pertaining to vocational rehabilitation, and to comply with such conditions as may be necessary to assure the maximum possible benefits resulting from any such federal law or regulation.



74.29.055
Acceptance of federal aid—Construction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds.

If any part of this chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict, and such findings or determination shall not affect the operation of the remainder of this chapter.



74.29.080
Rehabilitation and job support services—Procedure—Register of eligible individuals and organizations.

(1) Determination of eligibility and need for rehabilitation services and determination of eligibility for job support services shall be made by the state agency for each individual according to its established rules, policies, procedures, and standards.
(2) The state agency may purchase, from any source, rehabilitation services and job support services for individuals with disabilities, subject to the individual's income or other resources that are available to contribute to the cost of such services.
(3) The state agency shall maintain registers of individuals and organizations which meet required standards and qualify to provide rehabilitation services and job support services to individuals with disabilities. Eligibility of such individuals and organizations shall be based upon standards and criteria promulgated by the state agency.
NOTES:
Severability1983 1st ex.s. c 41: See note following RCW 26.09.060.
Effective dateSeverability1970 ex.s. c 18: See notes following RCW 43.20A.010.
Severability1970 ex.s. c 15: See note following RCW 28A.230.160.
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