71A.10.070 - Secretary's duty to consult. - Washington Statutes

Secretary's duty to consult.

(1) Whenever this title places on the secretary the duty to consult, the secretary shall carry out that duty by consulting with the person with a developmental disability and, except as provided in subsection (2) of this section, with at least one other person. The other person shall be in order of priority:

     (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. Sec. 6042; or

     (e) Any other 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) A person with a developmental disability may in writing request the secretary to consult only with 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 RCW 71A.10.060 when a request is denied. 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.

     (3) Consultation with a person under this section does not authorize the person who is consulted to take any action or give any consent.

[1989 c 175 § 140; 1988 c 176 § 107.]

Notes: Effective date -- 1989 c 175: See note following RCW 34.05.010.