Wash. Rev. Code § 74.34.005
Findings
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The legislature finds and declares that:
(1) Some adults are vulnerable and may be subjected to abuse, neglect, financial exploitation, or abandonment by a family member, care provider, or other person who has a relationship with the vulnerable adult;
(2) A vulnerable adult may be home bound or otherwise unable to represent himself or herself in court or to retain legal counsel in order to obtain the relief available under this chapter or other protections offered through the courts;
(3) A vulnerable adult may lack the ability to perform or obtain those services necessary to maintain his or her well-being because he or she lacks the capacity for consent;
(4) A vulnerable adult may have health problems that place him or her in a dependent position;
(5) The department and appropriate agencies must be prepared to receive reports of abandonment, abuse, financial exploitation, or neglect of vulnerable adults;
(6) The department must provide protective services in the least restrictive environment appropriate and available to the vulnerable adult.
[ 1999 c 176 s 2.]
Notes:
Findings—Purpose—1999 c 176: "The legislature finds that the provisions for the protection of vulnerable adults found in chapters 26.44, 70.124, and 74.34 RCW contain different definitions for abandonment, abuse, exploitation, and neglect. The legislature finds that combining the sections of these chapters that pertain to the protection of vulnerable adults would better serve this state's population of vulnerable adults. The purpose of chapter 74.34 RCW is to provide the department and law enforcement agencies with the authority to investigate complaints of abandonment, abuse, financial exploitation, or neglect of vulnerable adults and to provide protective services and legal remedies to protect these vulnerable adults." [ 1999 c 176 s 1.]
Severability—1999 c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 176 s 36.]
Conflict with federal requirements—1999 c 176: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1999 c 176 s 37.]
Notes of Decisions
Cited in 33
cases (11 in the last 5 years), 2008–2026 · leading case: Knight v. Knight
Knight v. Knight (2014)
“See RCW 74.34.005 (legislative findings). In light of this legislative objective, the Act often applies in the context of protecting elderly persons “from abuse, neglect, financial exploitation, and abandonment by family members, care providers, and other persons with whom the…”
Verda Lee Crosswhite Vv Washington State Dept. of Social & Health Services (2017)
“176 § 1-2 (codified in part at RCW 74.34.005). The legislative purpose was, instead, I! I 17 I' No.”
Goldsmith v. Department of Social & Health Services (2012)
“See RCW 74.34.005. ¶24 The vulnerable adult victim is not a party to these proceedings, and his death does not deprive either the Department or the courts of jurisdiction to consider an abuse investigation’s outcome.”
Endicott v. Saul (2008)
“” RCW 74.34.005. The AVA definition of “abuse” includes “exploitation of a vulnerable adult .”
Ryan v. Department of Social & Health Services (2012)
“Legislative findings adopted in connection with a predecessor statute reflect an additional purpose of the legislation as being to authorize the release of findings to any agency or program with which a perpetrator is employed, contracted, or engaged as a volunteer.”
Kraft v. Department of Social & Health Services (2008)
“RCW 74.34.005; Schumacher v. Williams, 107 Wn.”
Calhoun v. State (2008)
“See RCW 74.34.005 (legislative findings). In light of this objective, this statute often appears in the context of protecting elderly, mentally ill, and disabled persons from abuse, neglect, financial exploitation, and abandonment by family members, care providers, and other…”
Gradinaru v. Department of Social & Health Services (2014)
“RCW 74.34.005(1) (legislative findings). Former RCW 74.”
Calhoun v. State (2008)
“It is clear that the Abuse of Vulnerable Adults Act was intended to protect those who are unable to care for themselves and whose physical or mental disabilities have placed them in a dependent position.”
George v. Jackson (2020)
“These crossclaims included (1) statutory claims 4 || under the Abuse of Vulnerable Adults Act, RCW § 74.34.005 et seg., (“AVAA”); (2) Breach of 5 Fiduciary Duties; and (3) Negligence.”
Kraft v. DSHS (2008)
“RCW 74.34.005; Schumacher v. Williams, 107 Wash.”
In the Matter of the Vulnerable Adult Petition for: Alan Carlin (2021)
“” See RCW 74.34.005(1). In its legislative findings, the legislature declared that a vulnerable adult may be subject to such abuse or exploitation “by a family member, care provider, or other person who has a relationship with the vulnerable adult.”
— Wash. Rev. Code § 74.34.005(1) — 16 cases
Knight v. Knight (2014)
“See RCW 74.34.005 (legislative findings). In light of this legislative objective, the Act often applies in the context of protecting elderly persons “from abuse, neglect, financial exploitation, and abandonment by family members, care providers, and other persons with whom the…”
Gradinaru v. Department of Social & Health Services (2014)
“RCW 74.34.005(1) (legislative findings). Former RCW 74.”
In the Matter of the Vulnerable Adult Petition for: Alan Carlin (2021)
“” See RCW 74.34.005(1). In its legislative findings, the legislature declared that a vulnerable adult may be subject to such abuse or exploitation “by a family member, care provider, or other person who has a relationship with the vulnerable adult.”
George v. Jackson (2020)
“These crossclaims included (1) statutory claims 4 || under the Abuse of Vulnerable Adults Act, RCW § 74.34.005 et seg., (“AVAA”); (2) Breach of 5 Fiduciary Duties; and (3) Negligence.”
— Wash. Rev. Code § 74.34.005(3) — 1 case
— Wash. Rev. Code § 74.34.005(4) — 1 case
In the Matter of the Vulnerable Adult Petition for: Alan Carlin (2021)
“” See RCW 74.34.005(1). In its legislative findings, the legislature declared that a vulnerable adult may be subject to such abuse or exploitation “by a family member, care provider, or other person who has a relationship with the vulnerable adult.”
— Wash. Rev. Code § 74.34.005(5) — 3 cases
Goldsmith v. Department of Social & Health Services (2012)
“See RCW 74.34.005. ¶24 The vulnerable adult victim is not a party to these proceedings, and his death does not deprive either the Department or the courts of jurisdiction to consider an abuse investigation’s outcome.”
Maria E. Romero v. DSHS (2024)
— Wash. Rev. Code § 74.34.005(6) — 2 cases
Knight v. Knight (2014)
“See RCW 74.34.005 (legislative findings). In light of this legislative objective, the Act often applies in the context of protecting elderly persons “from abuse, neglect, financial exploitation, and abandonment by family members, care providers, and other persons with whom the…”
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