Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1982 NO. 2 >

The department of Social and Health Services is not authorized to provide and pay for tax deferred annuities for those employees of the department eligible for such annuities pursuant to § 403(b) of the Internal Revenue Code;  however, those employees may be covered by the state deferred compensation program authorized by RCW 41.04.250-41.04.260.

AGLO 1979 NO. 3 >

Extent of the legal ability of the Department of Social and Health Services, in the light of an existing collective bargaining agreement, to contract for the performance of crisis intervention services as proposed by Senate Bill No. 2036 (1979), amending RCW 74.13.031.

AGO 1985 NO. 3 >

The State of Washington does not have the requisite authority, under federal law, to regulate radioactive emissions from a federal nuclear facility‑-except for air emissions, which may be monitored by the State Department of Ecology under the federal Clean Air Act amendments of 1977.

AGO 1989 NO. 4 >

1.Surrogate parent agreements in general are not unlawful in Washington.2.It is not lawful for a person, in return for money or other valuable consideration, to serve as a broker or otherwise arrange or facilitate a surrogate parenting agreement, unless the person is an agency certified or licensed by the Department of Social and Health Services as a child-placing agency or as an adoption agency, or unless the only payment is reimbursement or prenatal hospital or medical expenses involved in the birth of the child, or attorneys' fees and court costs involved in transfer of child custody.3.A surrogate parenting agreement is not enforceable against a surrogate mother who withdraws her consent to relinquish her court approval of the consent.

AGO 1990 NO. 5 >

1.  RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW.   2.   The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).

AGO 1992 NO. 9 >

1.  The Legislature created a citizen review board system that functions in an advisory capacity to the juvenile courts, the Department of Social and Health Services, and the Legislature.  The records of each board are the property of the board.  The records must be retained for at least six years unless adequate copies or reproductions are preserved or the board demonstrates to the local records committee that retention of such records for six years is unnecessary and uneconomical.  2.  The records are confidential and may only be disclosed when specifically authorized under the statutes protecting the records of juvenile justice or care agencies found in chapter 13.50 RCW.    3.  The board need not prepare a transcript of its review, so long as a verbatim record is maintained.

AGO 1971 NO. 12 >

The provisions of RCW 36.63.130 do authorize (but do not require) the department of social and health services, acting through the superintendents of the various penal institutions under its jurisdiction, to regulate the length of hair and beards worn by convicted felons imprisoned therein, at least where such considerations as those of identification or of personal cleanliness and health are deemed by the department in the exercise of its sound administrative discretion to justify such regulation.

AGLO 1982 NO. 14 >

The Department of Social and Health Services, in its capacity as the state radiation control agency under chapter 70.98 RCW, is authorized by § 2, chapter 201, Laws of 1982 to establish and impose license fees in connection with licenses issued pursuant to RCW 70.98.080.

AGO 1975 NO. 14 >

Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 years.

AGLO 1977 NO. 18 >

Discussion of the circumstances under which the department of social and health services is either required or authorized to provide next friend and preplacement reports in connection with proceedings for adoption of child; authority of the department to charge a fee for such services.