(1) The secretary or
his or her designees or delegatees shall be the custodian without
compensation of such moneys and other funds of any person which
may come into the possession of the secretary during the period
such person is placed with the department or an entity with which
it has entered into a performance-based contract pursuant to
chapter 74.13 RCW. As such custodian, the secretary shall have
authority to disburse moneys from the person's funds for the
following purposes only and subject to the following limitations:
(a) For such personal needs of such person as the secretary
may deem proper and necessary.
(b) Against the amount of public assistance otherwise
payable to such person. This includes applying, as
reimbursement, any benefits, payments, funds, or accrual paid to
or on behalf of said person from any source against the amount of
public assistance expended on behalf of said person during the
period for which the benefits, payments, funds or accruals were
paid.
(2) All funds held by the secretary as custodian may be
deposited in a single fund, the receipts and expenditures
therefrom to be accurately accounted for by him or her on an
individual basis. Whenever, the funds belonging to any one
person exceed the sum of five hundred dollars, the secretary may
deposit said funds in a savings and loan association account on
behalf of that particular person.
(3) When the conditions of placement no longer exist and
public assistance is no longer being provided for such person,
upon a showing of legal competency and proper authority, the
secretary shall deliver to such person, or the parent, person, or
agency legally responsible for such person, all funds belonging
to the person remaining in his or her possession as custodian,
together with a full and final accounting of all receipts and
expenditures made therefrom.
(4) The appointment of a guardian for the estate of such
person shall terminate the secretary's authority as custodian of
said funds upon receipt by the secretary of a certified copy of
letters of guardianship. Upon the guardian's request, the
secretary shall immediately forward to such guardian any funds of
such person remaining in the secretary's possession together with
full and final accounting of all receipts and expenditures made
therefrom.
[2009 c 520 § 59; 1971 ex.s. c 169 § 7.]