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WAC 388-835-0165

Is a superintendent required to give notice when they detain a resident?

(1) When a superintendent detains an RHC resident, the superintendent or their designee must notify the resident and their legal representative as required in RCW 71A.10.070.
(2) If the resident's legal representative is not available, the superintendent must also notify one or more of the following persons in the order of priority listed:
(a) A parent of the resident;
(b) Other persons of close kinship relationship to the resident;
(c) The Washington protection and advocacy agency for the rights of a person with a developmental disability, appointed in compliance with 42 U.S.C. section 6042; or
(d) A person, who is not a DSHS employee or an ICF/ID but who, in the superintendent's opinion, is concerned with the resident's welfare.
(3) Nothing in this section prevents a superintendent from notifying:
(a) A mental health professional;
(b) Local law enforcement;
(c) Adult protective services;
(d) Child protective services;
(e) Other agencies as appropriate; or
(f) Assistant secretary, developmental disabilities administration, or designee.
[Statutory Authority: RCW 71A.12.030 and 44.04.280. WSR 15-09-069, § 388-835-0165, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.20.140. WSR 01-10-013, § 388-835-0165, filed 4/20/01, effective 5/21/01.]
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