Revised Code of Washington

Wash. Rev. Code § 71A.20.050 (2025)

Superintendents—Secretary's custody of residents

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(1) The secretary shall appoint a superintendent for each residential habilitation center. The superintendent of a residential habilitation center shall have a demonstrated history of knowledge, understanding, and compassion for the needs, treatment, and training of persons with developmental disabilities.
(2) The secretary shall have custody of all residents of the residential habilitation centers and control of the medical, educational, therapeutic, and dietetic treatment of all residents, except that the school district that conducts the program of education provided pursuant to RCW 28A.190.030 through 28A.190.050 shall have control of and joint custody of residents while they are participating in the program. The secretary shall cause surgery to be performed on any resident only upon gaining the consent of a parent, guardian, or limited guardian as authorized, except, if after reasonable effort to locate the parents, guardian, or limited guardian as authorized, and the health of the resident is certified by the attending physician to be jeopardized unless such surgery is performed, the required consent shall not be necessary.
[ 1990 c 33 s 589; 1988 c 176 s 705.]

Notes:

Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Nov. 1, 2022).
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Nov. 1, 2022). “at 13(quoting RCW 71A.20.050(2)). If a resident desires to leave a 21 residential center and the DSHS Secretary believes that a departure “may be harmful to the 22 resident,” the Secretary may hold a resident for a period not to exceed 48 hours “in order to 23 consult with the…”
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Dec. 15, 2022). “at 16 (quoting RCW 71A.20.050(2)). If a resident desires to leave a 10 residential center and the DSHS Secretary believes that a departure “may be harmful to the 11 resident,” the Secretary may hold a resident for a period not to exceed 48 hours “in order to 12 consult with the…”
Wash. Rev. Code § 71A.20.050(2): 2 cases
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Nov. 1, 2022). “at 13(quoting RCW 71A.20.050(2)). If a resident desires to leave a 21 residential center and the DSHS Secretary believes that a departure “may be harmful to the 22 resident,” the Secretary may hold a resident for a period not to exceed 48 hours “in order to 23 consult with the…”
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Dec. 15, 2022). “at 16 (quoting RCW 71A.20.050(2)). If a resident desires to leave a 10 residential center and the DSHS Secretary believes that a departure “may be harmful to the 11 resident,” the Secretary may hold a resident for a period not to exceed 48 hours “in order to 12 consult with the…”
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