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Parsons v. State8/29/2005
Downsizing an institution is not the same as closing it. Because the Department of Social and Health Services acted within the scope of its statutory authority in reducing the number of residents at Fircrest School, its actions were not ultra vires or unconstitutional and the trial court properly dismissed this suit. We also affirm the trial court's decision to permit the Washington Protection and Advocacy System to participate as amicus.
Background
Fircrest School is one of five permanent residential habilitation centers (RHCs) established by statute for persons with developmental disabilities. RHCs 'provide for those children and adults who are exceptional in their needs for care, treatment, and education by reason of developmental disabilities.'
In the early 1970s, the total number of RHC residents in Washington was more than 4,000. It is now slightly more than 1,000, due principally to trends favoring community-based programs. The Fircrest population has similarly declined.
In 2003, Engrossed Senate Bill (ESB) 5971 was introduced in the legislature. The bill recognized that 'changing social attitudes and family preferences have shifted the demand for services from state institutions to community living.' ESB 5971 would have closed Fircrest by 2005:
In order to improve the cost-efficiency of care at residential habilitation centers and begin to shift resources to expand community services, Fircrest School shall be closed during the 2003-2005 biennium. The secretary of social and health services shall develop and implement a transition plan that ensures that residents of Fircrest School shall be offered the choice of services at another residential habilitation center, community services, or, if appropriate, services in a skilled nursing facility.
The bill did not pass. But the legislature made several budget allocations for costs associated with reducing the size of Fircrest, including $2.472 million 'solely for transition costs associated with the downsizing effort at Fircrest School,' to be organized 'so as to minimize disruption to clients, employees, and the developmental disabilities program.' The legislature provided funds for a consultant to 'prepare options and recommended investment strategies for surplus property at the five state residential habilitation centers . . . . {F}or the Fircrest school property, the contractor shall identify an investment strategy that will produce a long-term investment return on the property, without sale of the land.' The legislature funded an assessment of elderly RHC residents as to the propriety of less restrictive settings. The legislature also appropriated funds for RHC consolidation. Budget notes prepared by the Legislative Evaluation and Accountability Committee indicate that the budget called for the Department to 'consolidate RHC vacancies across the five state facilities in order to downsize Fircrest School.'
After the legislative session, the Department announced it was implementing the downsizing of Fircrest in anticipation of eventual closure, and developed a transition plan for closing Fircrest within three years. Some residents were transferred to other institutions beginning in early 2004; others were transferred to different locations at Fircrest so that cottages could be closed.
This action was filed in December 2003. Michael Parsons, Randolph Getchman and Gladys Barker (Parsons) are persons with profound mental retardation, who then lived at Fircrest. James and Alice Hardman are their court-appointed guardians. The Washington Federation of State Employees represents Fircrest employees. The union and the Hardmans, on behalf of Parsons, chal
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