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PDFWAC 388-845-0105

What criteria determine assignment to the community protection waiver?

DDA may assign you to the community protection waiver only if you are at least 18 years of age, not currently residing in a hospital, jail or other institution, and:
(1) You have been identified by DDA as a person who meets one or more of the following:
(a) You have been charged or convicted with a crime of sexual violence as defined in chapter 71.09 RCW;
(b) You have been charged or convicted with acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or persons of casual acquaintance with whom no substantial personal relationship exists;
(c) You have been charged or convicted with a sexually violent offense, or a predatory act, or both, and may constitute a future danger as determined by a qualified professional;
(d) You have not been charged or convicted, but you have a history of stalking, violent, sexually violent, predatory, or opportunistic behavior which demonstrates a likelihood to commit a sexually violentor predatory act based on current behaviors that may escalate to violence, as determined by a qualified professional; or
(e) You have committed one or more violent offense, as defined in RCW 9.94A.030;
(2) You receive or agree to receive residential services from certified residential community protection provider-intensive supported living services (CP-ISLS); and
(3) You agree to follow the specialized supports and restrictions in one or more of the following:
(a) Your person-centered service plan (PCSP);
(b) Your individual instruction and support plan (IISP); or
(c) Your treatment plan provided by DDA approved certified individuals and agencies.
[Statutory Authority: RCW 71A.12.030, 71A.12.120, and 42 C.F.R. 441.301 (c)(6). WSR 23-18-035, § 388-845-0105, filed 8/29/23, effective 9/29/23. Statutory Authority: RCW 71A.12.030 and 71A.12.120. WSR 21-19-108, § 388-845-0105, filed 9/20/21, effective 10/21/21. Statutory Authority: 2014 c 139, 2014 c 166, 2015 3rd sp.s. c 4, RCW 71A.12.030, and 71A.12.120. WSR 16-17-009, § 388-845-0105, filed 8/4/16, effective 9/4/16. Statutory Authority: RCW 71A.12.030 and 2012 c 49. WSR 13-24-045, § 388-845-0105, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW 71A.12.030, 74.08.090 and 2012 c 49. WSR 13-04-005, § 388-845-0105, filed 1/24/13, effective 2/24/13. Statutory Authority: RCW 71A.12.030, 71A.12.120 and Title 71A RCW. WSR 07-20-050, § 388-845-0105, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 71A.12.030, 71A.12.12 [ 71A.12.120] and chapter 71A.12 RCW. WSR 06-01-024, § 388-845-0105, filed 12/13/05, effective 1/13/06.]
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