WAC 388-825-380. When may the department reject the client's choice of an individual respite care, attendant care or personal care provider?

The department may reject a client's request to have a family member or other person serve as his or her individual respite care, attendant care or personal care provider if the case manager has a reasonable, good faith belief that the person will be unable to appropriately meet the client's needs. Examples of circumstances indicating an inability to meet the client's needs could include, without limitation: (1) Evidence of alcohol or drug abuse; (2) Evidence of a conviction, pending charge, or negative action described in WAC 388-825-0640 . (3) A reported history of domestic violence, no-contact orders, or criminal conduct (whether or not the conduct is automatically disqualifying under RCW 43.43.830 , 43.43.842 or chapter 388-113 WAC); (4) A report from the client's health care provider or other knowledgeable person that the requested provider lacks the ability or willingness to provide adequate care; (5) Other employment or responsibilities that prevent or interfere with the provision of required services; (6) Excessive commuting distance that would make it impractical to provide services as they are needed and outlined in the client's service plan.