Chapter 71.34 RCW
MENTAL HEALTH SERVICES FOR MINORS
SECTIONS
|
Purpose -- Parental participation in treatment decisions -- Parental control of minor children during treatment. |
|
Availability of treatment does not create right to obtain public funds. |
|
Definitions. |
|
Review of admission and inpatient treatment of minors -- Determination of medical necessity -- Department review -- Minor declines necessary treatment -- At-risk youth petition -- Costs -- Public funds. |
|
Eligibility for medical assistance under chapter 74.09 RCW -- Payment by department. |
|
Age of consent -- Outpatient treatment of minors. |
|
Notice to parents, school contacts for referring students to inpatient treatment. |
|
Evaluation of treatment of minors. |
|
Evaluation of minor thirteen or older brought for immediate mental health services -- Temporary detention. |
|
Minor thirteen or older may be admitted for inpatient mental treatment without parental consent -- Professional person in charge must concur -- Written renewal of consent required. |
|
Notice to parents when minor admitted to inpatient treatment without parental consent. |
|
Minor voluntarily admitted may give notice to leave at any time. |
|
Minor thirteen or older who presents likelihood of serious harm or is gravely disabled -- Transport to inpatient facility -- Petition for initial detention -- Notice of commitment hearing -- Facility to evaluate and admit or release minor. |
|
Parent may request determination whether minor has mental disorder requiring inpatient treatment -- Minor consent not required -- Duties and obligations of professional person and facility. |
|
Parent may request determination whether minor has mental disorder requiring outpatient treatment -- Consent of minor not required -- Discharge of minor. |
|
Examination and evaluation of minor approved for inpatient admission -- Referral to chemical dependency treatment program -- Right to communication, exception -- Evaluation and treatment period. |
|
Petition for fourteen-day commitment -- Requirements. |
|
Commitment hearing -- Requirements -- Findings by court -- Commitment -- Release. |
|
Petition for one hundred eighty-day commitment -- Hearing -- Requirements -- Findings by court -- Commitment order -- Release -- Successive commitments. |
|
Placement of minor in state evaluation and treatment facility -- Placement committee -- Facility to report to committee. |
|
Minor's failure to adhere to outpatient conditions -- Deterioration of minor's functioning -- Transport to inpatient facility -- Order of apprehension and detention -- Revocation of alternative treatment or conditional release -- Hearings. |
|
Release of minor -- Conditional release -- Discharge. |
|
Liability for costs of minor's treatment and care -- Rules. |
|
Responsibility of counties for evaluation and treatment services for minors. |
|
Transportation for minors committed to state facility for one hundred eighty-day treatment. |
|
Rights of minors undergoing treatment -- Posting. |
|
Minor may petition court for release from facility. |
|
Minor not released by petition under RCW 71.34.162 -- Release within thirty days -- Professional may initiate proceedings to stop release. |
|
Release of minor -- Requirements. |
|
Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities. |
|
No detention of minors after eighteenth birthday -- Exceptions. |
|
Information concerning treatment of minors confidential -- Disclosure -- Admissible as evidence with written consent. |
|
Court records and files confidential -- Availability. |
|
Disclosure of information or records -- Required entries in minor's clinical record. |
|
Mental health services information -- Release to department of corrections -- Rules. |
|
Attorneys appointed for minors -- Compensation. |
|
Court proceedings under chapter subject to rules of state supreme court. |
|
Jurisdiction over proceedings under chapter -- Venue. |
|
Transfer of superior court proceedings to juvenile department. |
|
Liability for performance of duties under this chapter limited. |
|
Mental health commissioners -- Authority. |
|
Antipsychotic medication and shock treatment. |
|
Department to adopt rules to effectuate chapter. |
|
Uniform application of chapter -- Training for county-designated mental health professionals. |
|
Redirection of Title XIX funds to fund placements within the state. |
|
Severability -- 1985 c 354. |
|
Effective date -- 1985 c 354. |
RCW 71.34.010
Purpose -- Parental participation in treatment decisions -- Parental control of
minor children during treatment.
It is the purpose of this chapter to assure that minors in need of mental
health care and treatment receive an appropriate continuum of culturally
relevant care and treatment, including prevention and early intervention,
self-directed care, parent-directed care, and involuntary treatment. To
facilitate the continuum of care and treatment to minors in out-of-home
placements, all divisions of the department that provide mental health services
to minors shall jointly plan and deliver those services.
It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall assure that minors' parents are given an opportunity to participate in the treatment decisions for their minor children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.
It is also the purpose of this chapter to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter.
[1998 c 296 § 7; 1992 c 205 § 302; 1985 c 354 § 1.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
Part headings not law -- Severability -- 1992 c 205: See notes following RCW 13.40.010.
RCW 71.34.015
Availability of treatment does not create right to obtain public funds.
The ability of a parent to bring his or her minor child to a certified
evaluation and treatment program for evaluation and treatment does not create a
right to obtain or benefit from any funds or resources of the state. The state
may provide services for indigent minors to the extent that funds are
available.
[1998 c 296 § 21.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.
(2) "Children's mental health specialist" means:
(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and
(b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.
(3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.
(4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.
(5) "Department" means the department of social and health services.
(6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.
(7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.
(8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.
(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.
(11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.
(12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.
(13) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.
(14) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.
(15) "Minor" means any person under the age of eighteen years.
(16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by *RCW 71.24.025(3).
(17) "Parent" means:
(a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or
(b) A person or agency judicially appointed as legal guardian or custodian of the child.
(18) "Professional person in charge" or "professional person" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.
(19) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.
(20) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.
(21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.
(22) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.
(23) "Secretary" means the secretary of the department or secretary's designee.
(24) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.
[1998 c 296 § 8; 1985 c 354 § 2.]
NOTES:
*Reviser's note: Due to an alphabetization directive by 1999 c 10 § 14, subsection (3) is now subsection (10).
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.025
Review of admission and inpatient treatment of minors -- Determination of
medical necessity -- Department review -- Minor declines necessary treatment --
At-risk youth petition -- Costs -- Public funds.
(1) The department shall assure that, for any minor admitted to inpatient
treatment under RCW 71.34.052, a review is
conducted by a physician or other mental health professional who is employed by
the department, or an agency under contract with the department, and who
neither has a financial interest in continued inpatient treatment of the minor
nor is affiliated with the facility providing the treatment. The physician or
other mental health professional shall conduct the review not less than seven
nor more than fourteen days following the date the minor was brought to the
facility under RCW 71.34.052 to determine whether
it is a medical necessity to continue the minor's treatment on an inpatient
basis.
(2) In making a determination under subsection (1) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment. The department shall consult with the parent in advance of making its determination.
(3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility. The facility shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.
(4) If the evaluation conducted under RCW 71.34.052 is done by the department, the reviews required by subsection (1) of this section shall be done by contract with an independent agency.
(5) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.
(6) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds.
[1998 c 296 § 9; 1995 c 312 § 56.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
Short title -- 1995 c 312: See note following RCW 13.32A.010.
RCW 71.34.027
Eligibility for medical assistance under chapter 74.09 RCW -- Payment by
department.
For purposes of eligibility for medical assistance under chapter 74.09 RCW,
minors in inpatient mental health treatment shall be considered to be part of
their parent's or legal guardian's household, unless the minor has been
assessed by the department or its designee as likely to require such treatment
for at least ninety consecutive days, or is in out-of-home care in accordance
with chapter 13.34 RCW, or the parents are found to not be exercising
responsibility for care and control of the minor. Payment for such care by the
department shall be made only in accordance with rules, guidelines, and clinical
criteria applicable to inpatient treatment of minors established by the
department.
[1998 c 296 § 11.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.030
Age of consent -- Outpatient treatment of minors.
Any minor thirteen years or older may request and receive outpatient
treatment without the consent of the minor's parent. Parental authorization is
required for outpatient treatment of a minor under the age of thirteen.
[1998 c 296 § 12; 1995 c 312 § 52; 1985 c 354 § 3.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
Short title -- 1995 c 312: See note following RCW 13.32A.010.
RCW 71.34.032
Notice to parents, school contacts for referring students to inpatient
treatment.
School district personnel who contact a mental health inpatient treatment
program or provider for the purpose of referring a student to inpatient
treatment shall provide the parents with notice of the contact within
forty-eight hours.
[1996 c 133 § 6.]
NOTES:
Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following RCW 13.32A.197.
RCW 71.34.035
Evaluation of treatment of minors.
The department shall randomly select and review the information on children
who are admitted to inpatient treatment on application of the child's parent
regardless of the source of payment, if any. The review shall determine whether
the children reviewed were appropriately admitted into treatment based on an
objective evaluation of the child's condition and the outcome of the child's
treatment.
[1996 c 133 § 36; 1995 c 312 § 58.]
NOTES:
Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following RCW 13.32A.197.
Short title -- 1995 c 312: See note following RCW 13.32A.010.
RCW 71.34.040
Evaluation of minor thirteen or older brought for immediate mental health
services -- Temporary detention.
If a minor, thirteen years or older, is brought to an evaluation and treatment
facility or hospital emergency room for immediate mental health services, the
professional person in charge of the facility shall evaluate the minor's mental
condition, determine whether the minor suffers from a mental disorder, and
whether the minor is in need of immediate inpatient treatment. If it is
determined that the minor suffers from a mental disorder, inpatient treatment
is required, the minor is unwilling to consent to voluntary admission, and the
professional person believes that the minor meets the criteria for initial
detention set forth herein, the facility may detain or arrange for the
detention of the minor for up to twelve hours in order to enable a
county-designated mental health professional to evaluate the minor and commence
initial detention proceedings under the provisions of this chapter.
[1985 c 354 § 4.]
RCW 71.34.042
Minor thirteen or older may be admitted for inpatient mental treatment without
parental consent -- Professional person in charge must concur -- Written
renewal of consent required.
(1) A minor thirteen years or older may admit himself or herself to an
evaluation and treatment facility for inpatient mental treatment, without
parental consent. The admission shall occur only if the professional person in
charge of the facility concurs with the need for inpatient treatment.
(2) When, in the judgment of the professional person in charge of an evaluation and treatment facility, there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility.
(3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.
[1998 c 296 § 14.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.044
Notice to parents when minor admitted to inpatient treatment without parental
consent.
The administrator of the treatment facility shall provide notice to the
parents of a minor when the minor is voluntarily admitted to inpatient
treatment under RCW 71.34.042. The notice shall be
in the form most likely to reach the parent within twenty-four hours of the
minor's voluntary admission and shall advise the parent: (1) That the minor has
been admitted to inpatient treatment; (2) of the location and telephone number
of the facility providing such treatment; (3) of the name of a professional person
on the staff of the facility providing treatment who is designated to discuss
the minor's need for inpatient treatment with the parent; and (4) of the
medical necessity for admission.
[1998 c 296 § 15.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.046
Minor voluntarily admitted may give notice to leave at any time.
(1) Any minor thirteen years or older voluntarily admitted to an evaluation
and treatment facility under RCW 71.34.042 may give
notice of intent to leave at any time. The notice need not follow any specific
form so long as it is written and the intent of the minor can be discerned.
(2) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.
(3) The professional person shall discharge the minor, thirteen years or older, from the facility upon receipt of the minor's notice of intent to leave.
[1998 c 296 § 16.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.050
Minor thirteen or older who presents likelihood of serious harm or is gravely
disabled -- Transport to inpatient facility -- Petition for initial detention
-- Notice of commitment hearing -- Facility to evaluate and admit or release
minor.
(1) When a county-designated mental health professional receives
information that a minor, thirteen years or older, as a result of a mental
disorder presents a likelihood of serious harm or is gravely disabled, has
investigated the specific facts alleged and of the credibility of the person or
persons providing the information, and has determined that voluntary admission
for inpatient treatment is not possible, the county-designated mental health
professional may take the minor, or cause the minor to be taken, into custody
and transported to an evaluation and treatment facility providing inpatient
treatment.
If the minor is not taken into custody for evaluation and treatment, the parent who has custody of the minor may seek review of that decision made by the county designated mental health professional in court. The parent shall file notice with the court and provide a copy of the county designated mental health professional's report or notes.
(2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.
(3) At the time of initial detention, the county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.
The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.
(4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.
(5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.
[1995 c 312 § 53; 1985 c 354 § 5.]
NOTES:
Short title -- 1995 c 312: See note following RCW 13.32A.010.
RCW 71.34.052
Parent may request determination whether minor has mental disorder requiring
inpatient treatment -- Minor consent not required -- Duties and obligations of
professional person and facility.
(1) A parent may bring, or authorize the bringing of, his or her minor
child to an evaluation and treatment facility and request that the professional
person examine the minor to determine whether the minor has a mental disorder
and is in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.
(3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.
(6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.
(7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under *RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.
[1998 c 296 § 17.]
NOTES:
*Reviser's note: RCW 18.19.110 was repealed by 2001 c 251 § 37.
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.054
Parent may request determination whether minor has mental disorder requiring
outpatient treatment -- Consent of minor not required -- Discharge of minor.
(1) A parent may bring, or authorize the bringing of, his or her minor
child to a provider of outpatient mental health treatment and request that an
appropriately trained professional person examine the minor to determine
whether the minor has a mental disorder and is in need of outpatient treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
(3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment.
(4) Any minor admitted to inpatient treatment under RCW 71.34.042 or 71.34.052 shall be discharged immediately from inpatient treatment upon written request of the parent.
[1998 c 296 § 18.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.060
Examination and evaluation of minor approved for inpatient admission --
Referral to chemical dependency treatment program -- Right to communication,
exception -- Evaluation and treatment period.
(1) Each minor approved by the facility for inpatient admission shall be
examined and evaluated by a children's mental health specialist as to the
child's mental condition and by a physician as to the child's physical
condition within twenty-four hours of admission. Reasonable measures shall be
taken to ensure medical treatment is provided for any condition requiring
immediate medical attention.
(2) If, after examination and evaluation, the children's mental health specialist and the physician determine that the initial needs of the minor would be better served by placement in a chemical dependency treatment facility, then the minor shall be referred to an approved treatment program defined under RCW 70.96A.020.
(3) The admitting facility shall take reasonable steps to notify immediately the minor's parent of the admission.
(4) During the initial seventy-two hour treatment period, the minor has a right to associate or receive communications from parents or others unless the professional person in charge determines that such communication would be seriously detrimental to the minor's condition or treatment and so indicates in the minor's clinical record, and notifies the minor's parents of this determination. In no event may the minor be denied the opportunity to consult an attorney.
(5) If the evaluation and treatment facility admits the minor, it may detain the minor for evaluation and treatment for a period not to exceed seventy-two hours from the time of provisional acceptance. The computation of such seventy-two hour period shall exclude Saturdays, Sundays, and holidays. This initial treatment period shall not exceed seventy-two hours except when an application for voluntary inpatient treatment is received or a petition for fourteen-day commitment is filed.
(6) Within twelve hours of the admission, the facility shall advise the minor of his or her rights as set forth in this chapter.
[1991 c 364 § 12; 1985 c 354 § 6.]
NOTES:
Findings -- Construction -- Conflict with federal requirements -- 1991 c 364: See notes following RCW 70.96A.020.
RCW 71.34.070
Petition for fourteen-day commitment -- Requirements.
(1) The professional person in charge of an evaluation and treatment
facility where a minor has been admitted involuntarily for the initial
seventy-two hour treatment period under this chapter may petition to have a
minor committed to an evaluation and treatment facility for fourteen-day
diagnosis, evaluation, and treatment.
If the professional person in charge of the treatment and evaluation facility does not petition to have the minor committed, the parent who has custody of the minor may seek review of that decision in court. The parent shall file notice with the court and provide a copy of the treatment and evaluation facility's report.
(2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where the minor is residing or being detained.
(a) A petition for a fourteen-day commitment shall be signed either by two physicians or by one physician and a mental health professional who have examined the minor and shall contain the following:
(i) The name and address of the petitioner;
(ii) The name of the minor alleged to meet the criteria for fourteen-day commitment;
(iii) The name, telephone number, and address if known of every person believed by the petitioner to be legally responsible for the minor;
(iv) A statement that the petitioner has examined the minor and finds that the minor's condition meets required criteria for fourteen-day commitment and the supporting facts therefor;
(v) A statement that the minor has been advised of the need for voluntary treatment but has been unwilling or unable to consent to necessary treatment;
(vi) A statement recommending the appropriate facility or facilities to provide the necessary treatment; and
(vii) A statement concerning whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.
(b) A copy of the petition shall be personally delivered to the minor by the petitioner or petitioner's designee. A copy of the petition shall be sent to the minor's attorney and the minor's parent.
[1995 c 312 § 54; 1985 c 354 § 7.]
NOTES:
Short title -- 1995 c 312: See note following RCW 13.32A.010.
RCW 71.34.080
Commitment hearing -- Requirements -- Findings by court -- Commitment --
Release.
(1) A commitment hearing shall be held within seventy-two hours of the
minor's admission, excluding Saturday, Sunday, and holidays, unless a
continuance is requested by the minor or the minor's attorney.
(2) The commitment hearing shall be conducted at the superior court or an appropriate place at the facility in which the minor is being detained.
(3) At the commitment hearing, the evidence in support of the petition shall be presented by the county prosecutor.
(4) The minor shall be present at the commitment hearing unless the minor, with the assistance of the minor's attorney, waives the right to be present at the hearing.
(5) If the parents are opposed to the petition, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent.
(6) At the commitment hearing, the minor shall have the following rights:
(a) To be represented by an attorney;
(b) To present evidence on his or her own behalf;
(c) To question persons testifying in support of the petition.
(7) If the minor has received medication within twenty-four hours of the hearing, the court shall be informed of that fact and of the probable effects of the medication.
(8) Rules of evidence shall not apply in fourteen-day commitment hearings.
(9) For a fourteen-day commitment, the court must find by a preponderance of the evidence that:
(a) The minor has a mental disorder and presents a "likelihood of serious harm" or is "gravely disabled";
(b) The minor is in need of evaluation and treatment of the type provided by the inpatient evaluation and treatment facility to which continued inpatient care is sought or is in need of less restrictive alternative treatment found to be in the best interests of the minor; and
(c) The minor is unwilling or unable in good faith to consent to voluntary treatment.
(10) If the court finds that the minor meets the criteria for a fourteen-day commitment, the court shall either authorize commitment of the minor for inpatient treatment or for less restrictive alternative treatment upon such conditions as are necessary. If the court determines that the minor does not meet the criteria for a fourteen-day commitment, the minor shall be released.
(11) Nothing in this section prohibits the professional person in charge of the evaluation and treatment facility from releasing the minor at any time, when, in the opinion of the professional person in charge of the facility, further inpatient treatment is no longer necessary. The release may be subject to reasonable conditions if appropriate.
Whenever a minor is released under this section, the professional person in charge shall within three days, notify the court in writing of the release.
(12) A minor who has been committed for fourteen days shall be released at the end of that period unless a petition for one hundred eighty-day commitment is pending before the court.
[1985 c 354 § 8.]
RCW 71.34.090
Petition for one hundred eighty-day commitment -- Hearing -- Requirements --
Findings by court -- Commitment order -- Release -- Successive commitments.
(1) At any time during the minor's period of fourteen-day commitment, the
professional person in charge may petition the court for an order requiring the
minor to undergo an additional one hundred eighty-day period of treatment. The
evidence in support of the petition shall be presented by the county prosecutor
unless the petition is filed by the professional person in charge of a
state-operated facility in which case the evidence shall be presented by the
attorney general.
(2) The petition for one hundred eighty-day commitment shall contain the following:
(a) The name and address of the petitioner or petitioners;
(b) The name of the minor alleged to meet the criteria for one hundred eighty-day commitment;
(c) A statement that the petitioner is the professional person in charge of the evaluation and treatment facility responsible for the treatment of the minor;
(d) The date of the fourteen-day commitment order; and
(e) A summary of the facts supporting the petition.
(3) The petition shall be supported by accompanying affidavits signed by two examining physicians, one of whom shall be a child psychiatrist, or by one examining physician and one children's mental health specialist. The affidavits shall describe in detail the behavior of the detained minor which supports the petition and shall state whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.
(4) The petition for one hundred eighty-day commitment shall be filed with the clerk of the court at least three days before the expiration of the fourteen-day commitment period. The petitioner or the petitioner's designee shall within twenty-four hours of filing serve a copy of the petition on the minor and notify the minor's attorney and the minor's parent. A copy of the petition shall be provided to such persons at least twenty-four hours prior to the hearing.
(5) At the time of filing, the court shall set a date within seven days for the hearing on the petition. The court may continue the hearing upon the written request of the minor or the minor's attorney for not more than ten days. The minor or the parents shall be afforded the same rights as in a fourteen-day commitment hearing. Treatment of the minor shall continue pending the proceeding.
(6) For one hundred eighty-day commitment, the court must find by clear, cogent, and convincing evidence that the minor:
(a) Is suffering from a mental disorder;
(b) Presents a likelihood of serious harm or is gravely disabled; and
(c) Is in need of further treatment that only can be provided in a one hundred eighty-day commitment.
(7) If the court finds that the criteria for commitment are met and that less restrictive treatment in a community setting is not appropriate or available, the court shall order the minor committed for further inpatient treatment to the custody of the secretary or to a private treatment and evaluation facility if the minor's parents have assumed responsibility for payment for the treatment. If the court finds that a less restrictive alternative is in the best interest of the minor, the court shall order less restrictive alternative treatment upon such conditions as necessary.
If the court determines that the minor does not meet the criteria for one hundred eighty-day commitment, the minor shall be released.
(8) Successive one hundred eighty-day commitments are permissible on the same grounds and under the same procedures as the original one hundred eighty-day commitment. Such petitions shall be filed at least five days prior to the expiration of the previous one hundred eighty-day commitment order.
[1985 c 354 § 9.]
RCW 71.34.100
Placement of minor in state evaluation and treatment facility -- Placement
committee -- Facility to report to committee.
(1) If a minor is committed for one hundred eighty-day inpatient treatment
and is to be placed in a state-supported program, the secretary shall accept
immediately and place the minor in a state-funded long-term evaluation and
treatment facility.
(2) The secretary's placement authority shall be exercised through a designated placement committee appointed by the secretary and composed of children's mental health specialists, including at least one child psychiatrist who represents the state-funded, long-term, evaluation and treatment facility for minors. The responsibility of the placement committee will be to:
(a) Make the long-term placement of the minor in the most appropriate, available state-funded evaluation and treatment facility, having carefully considered factors including the treatment needs of the minor, the most appropriate facility able to respond to the minor's identified treatment needs, the geographic proximity of the facility to the minor's family, the immediate availability of bed space, and the probable impact of the placement on other residents of the facility;
(b) Approve or deny requests from treatment facilities for transfer of a minor to another facility;
(c) Receive and monitor reports required under this section;
(d) Receive and monitor reports of all discharges.
(3) The secretary may authorize transfer of minors among treatment facilities if the transfer is in the best interests of the minor or due to treatment priorities.
(4) The responsible state-funded evaluation and treatment facility shall submit a report to the department's designated placement committee within ninety days of admission and no less than every one hundred eighty days thereafter, setting forth such facts as the department requires, including the minor's individual treatment plan and progress, recommendations for future treatment, and possible less restrictive treatment.
[1985 c 354 § 10.]
RCW 71.34.110
Minor's failure to adhere to outpatient conditions -- Deterioration of minor's
functioning -- Transport to inpatient facility -- Order of apprehension and
detention -- Revocation of alternative treatment or conditional release --
Hearings.
(1) If the professional person in charge of an outpatient treatment
program, a county-designated mental health professional, or the secretary
determines that a minor is failing to adhere to the conditions of the court
order for less restrictive alternative treatment or the conditions for the
conditional release, or that substantial deterioration in the minor's
functioning has occurred, the county-designated mental health professional, or
the secretary may order that the minor be taken into custody and transported to
an inpatient evaluation and treatment facility.
(2) The county-designated mental health professional or the secretary shall file the order of apprehension and detention and serve it upon the minor and notify the minor's parent and the minor's attorney, if any, of the detention within two days of return. At the time of service the minor shall be informed of the right to a hearing and to representation by an attorney. The county-designated mental health professional or the secretary may modify or rescind the order of apprehension and detention at any time prior to the hearing.
(3) A petition for revocation of less restrictive alternative treatment shall be filed by the county-designated mental health professional or the secretary with the court in the county ordering the less restrictive alternative treatment. The court shall conduct the hearing in that county. A petition for revocation of conditional release may be filed with the court in the county ordering inpatient treatment or the county where the minor on conditional release is residing. A petition shall describe the behavior of the minor indicating violation of the conditions or deterioration of routine functioning and a dispositional recommendation. Upon motion for good cause, the hearing may be transferred to the county of the minor's residence or to the county in which the alleged violations occurred. The hearing shall be held within seven days of the minor's return. The issues to be determined are whether the minor did or did not adhere to the conditions of the less restrictive alternative treatment or conditional release, or whether the minor's routine functioning has substantially deteriorated, and, if so, whether the conditions of less restrictive alternative treatment or conditional release should be modified or whether the minor should be returned to inpatient treatment. Pursuant to the determination of the court, the minor shall be returned to less restrictive alternative treatment or conditional release on the same or modified conditions or shall be returned to inpatient treatment. If the minor is returned to inpatient treatment, RCW 71.34.100 regarding the secretary's placement responsibility shall apply. The hearing may be waived by the minor and the minor returned to inpatient treatment or to less restrictive alternative treatment or conditional release on the same or modified conditions.
[1985 c 354 § 11.]
RCW 71.34.120
Release of minor -- Conditional release -- Discharge.
(1) The professional person in charge of the inpatient treatment facility
may authorize release for the minor under such conditions as appropriate.
Conditional release may be revoked pursuant to RCW 71.34.110
if leave conditions are not met or the minor's functioning substantially
deteriorates.
(2) Minors may be discharged prior to expiration of the commitment period if the treating physician or professional person in charge concludes that the minor no longer meets commitment criteria.
[1985 c 354 § 12.]
RCW 71.34.130
Liability for costs of minor's treatment and care -- Rules.
(1) A minor receiving treatment under the provisions of this chapter and
responsible others shall be liable for the costs of treatment, care, and
transportation to the extent of available resources and ability to pay.
(2) The secretary shall establish rules to implement this section and to define income, resources, and exemptions to determine the responsible person's or persons' ability to pay.
[1985 c 354 § 13.]
RCW 71.34.140
Responsibility of counties for evaluation and treatment services for minors.
(1) The county or combination of counties is responsible for development
and coordination of the evaluation and treatment program for minors, for
incorporating the program into the county mental health plan, and for
coordination of evaluation and treatment services and resources with the
community mental health program required under chapter 71.24 RCW.
(2) The county shall be responsible for maintaining its support of involuntary treatment services for minors at its 1984 level, adjusted for inflation, with the department responsible for additional costs to the county resulting from this chapter.
[1985 c 354 § 14.]
RCW 71.34.150
Transportation for minors committed to state facility for one hundred
eighty-day treatment.
Necessary transportation for minors committed to the secretary under this
chapter for one hundred eighty-day treatment shall be provided by the
department in the most appropriate and cost-effective means.
[1985 c 354 § 15.]
RCW 71.34.160
Rights of minors undergoing treatment -- Posting.
Absent a risk to self or others, minors treated under this chapter have the
following rights, which shall be prominently posted in the evaluation and
treatment facility:
(1) To wear their own clothes and to keep and use personal possessions;
(2) To keep and be allowed to spend a reasonable sum of their own money for canteen expenses and small purchases;
(3) To have individual storage space for private use;
(4) To have visitors at reasonable times;
(5) To have reasonable access to a telephone, both to make and receive confidential calls;
(6) To have ready access to letter-writing materials, including stamps, and to send and receive uncensored correspondence through the mails;
(7) To discuss treatment plans and decisions with mental health professionals;
(8) To have the right to adequate care and individualized treatment;
(9) Not to consent to the performance of electro-convulsive treatment or surgery, except emergency life-saving surgery, upon him or her, and not to have electro-convulsive treatment or nonemergency surgery in such circumstance unless ordered by a court pursuant to a judicial hearing in which the minor is present and represented by counsel, and the court shall appoint a psychiatrist, psychologist, or physician designated by the minor or the minor's counsel to testify on behalf of the minor. The minor's parent may exercise this right on the minor's behalf, and must be informed of any impending treatment;
(10) Not to have psychosurgery performed on him or her under any circumstances.
[1985 c 354 § 16.]
RCW 71.34.162
Minor may petition court for release from facility.
Following the review conducted under RCW 71.34.025,
a minor child may petition the superior court for his or her release from the
facility. The petition may be filed not sooner than five days following the
review. The court shall release the minor unless it finds, upon a preponderance
of the evidence, that it is a medical necessity for the minor to remain at the
facility.
[1998 c 296 § 19.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.164
Minor not released by petition under RCW 71.34.162
-- Release within thirty days -- Professional may initiate proceedings to stop
release.
If the minor is not released as a result of the petition filed under RCW 71.34.162, he or she shall be released not later than
thirty days following the later of: (1) The date of the department's
determination under RCW 71.34.025(2); or (2) the
filing of a petition for judicial review under RCW 71.34.162,
unless a professional person or the county designated mental health
professional initiates proceedings under this chapter.
[1998 c 296 § 20.]
NOTES:
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.
RCW 71.34.170
Release of minor -- Requirements.
(1) If a minor is not accepted for admission or is released by an inpatient
evaluation and treatment facility, the facility shall release the minor to the
custody of the minor's parent or other responsible person. If not otherwise
available, the facility shall furnish transportation for the minor to the
minor's residence or other appropriate place.
(2) If the minor is released to someone other than the minor's parent, the facility shall make every effort to notify the minor's parent of the release as soon as possible.
(3) No indigent minor may be released to less restrictive alternative treatment or setting or discharged from inpatient treatment without suitable clothing, and the department shall furnish this clothing. As funds are available, the secretary may provide necessary funds for the immediate welfare of indigent minors upon discharge or release to less restrictive alternative treatment.
[1985 c 354 § 17.]
RCW 71.34.180
Transferring or moving persons from juvenile correctional institutions or
facilities to evaluation and treatment facilities.
When in the judgment of the department the welfare of any person committed
to or confined in any state juvenile correctional institution or facility
necessitates that the person be transferred or moved for observation,
diagnosis, or treatment to an evaluation and treatment facility, the secretary
or the secretary's designee is authorized to order and effect such move or
transfer for a period of up to fourteen days, provided that the secretary
notifies the original committing court of the transfer and the evaluation and
treatment facility is in agreement with the transfer. No person committed to or
confined in any state juvenile correctional institution or facility may be
transferred to an evaluation and treatment facility for more than fourteen days
unless that person has been admitted as a voluntary patient or committed for
one hundred eighty-day treatment under this chapter or ninety-day treatment
under chapter 71.05 RCW if eighteen years of age or older. Underlying
jurisdiction of minors transferred or committed under this section remains with
the state correctional institution. A voluntary admitted minor or minors
committed under this section and no longer meeting the criteria for one hundred
eighty-day commitment shall be returned to the state correctional institution
to serve the remaining time of the underlying dispositional order or sentence.
The time spent by the minor at the evaluation and treatment facility shall be
credited towards the minor's juvenile court sentence.
[1985 c 354 § 19.]
RCW 71.34.190
No detention of minors after eighteenth birthday -- Exceptions.
No minor received as a voluntary patient or committed under this chapter may
be detained after his or her eighteenth birthday unless the person, upon
reaching eighteen years of age, has applied for admission to an appropriate
evaluation and treatment facility or unless involuntary commitment proceedings
under chapter 71.05 RCW have been initiated: PROVIDED, That a minor may be
detained after his or her eighteenth birthday for purposes of completing the
fourteen-day diagnosis, evaluation, and treatment.
[1985 c 354 § 20.]
RCW 71.34.200
Information concerning treatment of minors confidential -- Disclosure --
Admissible as evidence with written consent.
The fact of admission and all information obtained through treatment under
this chapter is confidential. Confidential information may be disclosed only:
(1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;
(2) In the course of guardianship or dependency proceedings;
(3) To persons with medical responsibility for the minor's care;
(4) To the minor, the minor's parent, and the minor's attorney, subject to RCW 13.50.100;
(5) When the minor or the minor's parent designates in writing the persons to whom information or records may be released;
(6) To the extent necessary to make a claim for financial aid, insurance, or medical assistance to which the minor may be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;
(7) To the courts as necessary to the administration of this chapter;
(8) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office. However, only the fact and date of admission, and the date of discharge, the name and address of the treatment provider, if any, and the last known address shall be disclosed upon request;
(9) To law enforcement officers, public health officers, relatives, and other governmental law enforcement agencies, if a minor has escaped from custody, disappeared from an evaluation and treatment facility, violated conditions of a less restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. The officers are obligated to keep the information confidential in accordance with this chapter;
(10) To the secretary for assistance in data collection and program evaluation or research, provided that the secretary adopts rules for the conduct of such evaluation and research. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research concerning persons
who have received services from (fill in the facility, agency, or person) I, .
. . . . ., agree not to divulge, publish, or otherwise make known to
unauthorized persons or the public any information obtained in the course of
such evaluation or research regarding minors who have received services in a
manner such that the minor is identifiable.
I recognize that unauthorized release of confidential information may subject me to civil liability under state law.
|
|
/s/ . . . . . . . . . . . . " |
(11) To appropriate law enforcement agencies, upon request, all necessary and
relevant information in the event of a crisis or emergent situation that poses
a significant and imminent risk to the public. The decision to disclose or not
shall not result in civil liability for the mental health service provider or
its employees so long as the decision was reached in good faith and without
gross negligence;
(12) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence;
(13) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in the facility or that the minor is seriously physically ill and a statement evaluating the mental and physical condition of the minor as well as a statement of the probable duration of the minor's confinement;
(14) Upon the death of a minor, to the minor's next of kin;
(15) To a facility in which the minor resides or will reside.
This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary. The fact of admission and all information obtained pursuant to this chapter are not admissible as evidence in any legal proceeding outside this chapter, except guardianship or dependency, without the written consent of the minor or the minor's parent.
[2000 c 75 § 7; 1985 c 354 § 18.]
NOTES:
Intent -- 2000 c 75: See note following RCW 71.05.445.
RCW 71.34.210
Court records and files confidential -- Availability.
The records and files maintained in any court proceeding under this chapter
are confidential and available only to the minor, the minor's parent, and the
minor's attorney. In addition, the court may order the subsequent release or
use of these records or files only upon good cause shown if the court finds
that appropriate safeguards for strict confidentiality will be maintained.
[1985 c 354 § 21.]
RCW 71.34.220
Disclosure of information or records -- Required entries in minor's clinical
record.
When disclosure of information or records is made, the date and
circumstances under which the disclosure was made, the name or names of the
persons or agencies to whom such disclosure was made and their relationship if
any, to the minor, and the information disclosed shall be entered promptly in
the minor's clinical record.
[1985 c 354 § 22.]
RCW 71.34.225
Mental health services information -- Release to department of corrections --
Rules.
(1) The definitions in this subsection apply throughout this section unless
the context clearly requires otherwise.
(a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.05 or 10.77 RCW, or somatic health care information.
(b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community mental health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
(2) Information related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.
(3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.
(4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:
(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.
(5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in RCW 71.34.200, except as provided in RCW 72.09.585.
(6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.
(7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.
(8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.
[2002 c 39 § 1; 2000 c 75 § 2.]
NOTES:
Intent -- 2000 c 75: See note following RCW 71.05.445.
RCW 71.34.230
Attorneys appointed for minors -- Compensation.
Attorneys appointed for minors under this chapter shall be compensated for
their services as follows:
(1) Responsible others shall bear the costs of such legal services if financially able according to standards set by the court of the county in which the proceeding is held.
(2) If all responsible others are indigent as determined by these standards, the costs of these legal services shall be borne by the county in which the proceeding is held.
[1985 c 354 § 23.]
RCW 71.34.240
Court proceedings under chapter subject to rules of state supreme court.
Court procedures and proceedings provided for in this chapter shall be in
accordance with rules adopted by the supreme court of the state of Washington.
[1985 c 354 § 24.]
RCW 71.34.250
Jurisdiction over proceedings under chapter -- Venue.
(1) The superior court has jurisdiction over proceedings under this
chapter.
(2) A record of all petitions and proceedings under this chapter shall be maintained by the clerk of the superior court in the county in which the petition or proceedings was initiated.
(3) Petitions for commitment shall be filed and venue for hearings under this chapter shall be in the county in which the minor is being detained. The court may, for good cause, transfer the proceeding to the county of the minor's residence, or to the county in which the alleged conduct evidencing need for commitment occurred. If the county of detention is changed, subsequent petitions may be filed in the county in which the minor is detained without the necessity of a change of venue.
[1985 c 354 § 26.]
RCW 71.34.260
Transfer of superior court proceedings to juvenile department.
For purposes of this chapter, a superior court may transfer proceedings
under this chapter to its juvenile department.
[1985 c 354 § 28.]
RCW 71.34.270
Liability for performance of duties under this chapter limited.
No public or private agency or governmental entity, nor officer of a public
or private agency, nor the superintendent, or professional person in charge,
his or her professional designee or attending staff of any such agency, nor any
public official performing functions necessary to the administration of this
chapter, nor peace officer responsible for detaining a person under this
chapter, nor any county designated mental health professional, shall be civilly
or criminally liable for performing his or her duties under this chapter with
regard to the decision of whether to admit, release, or detain a person for
evaluation and treatment: PROVIDED, That such duties were performed in good
faith and without gross negligence.
[1985 c 354 § 27.]
RCW 71.34.280
Mental health commissioners -- Authority.
The judges of the superior court of the county by majority vote may
authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to
perform any or all of the following duties:
(1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter;
(2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter;
(3) For the purpose of this chapter, exercise all powers and perform all the duties of a court commissioner appointed pursuant to RCW 2.24.010;
(4) Hold hearings in proceedings under this chapter and make written reports of all proceedings under this chapter which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and
(6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.
[1989 c 174 § 3.]
NOTES:
Severability -- 1989 c 174: See note following RCW 71.05.135.
RCW 71.34.290
Antipsychotic medication and shock treatment.
For the purposes of administration of antipsychotic medication and shock
treatment, the provisions of chapter 120, Laws of 1989 apply to minors pursuant
to chapter 71.34 RCW.
[1989 c 120 § 9.]
RCW 71.34.800
Department to adopt rules to effectuate chapter.
The department shall adopt such rules pursuant to chapter 34.05 RCW as may
be necessary to effectuate the intent and purposes of this chapter, which shall
include but not be limited to evaluation of the quality, effectiveness,
efficiency, and use of services and facilities operating under this chapter,
procedures and standards for commitment, and other action relevant to
evaluation and treatment facilities, and establishment of criteria and
procedures for placement and transfer of committed minors.
[1985 c 354 § 25.]
RCW 71.34.805
Uniform application of chapter -- Training for county-designated mental health
professionals.
The department shall ensure that the provisions of this chapter are applied
by the counties in a consistent and uniform manner. The department shall also
ensure that, to the extent possible within available funds, the
county-designated mental health professionals are specifically trained in
adolescent mental health issues, the mental health civil commitment laws, and
the criteria for civil commitment.
[1992 c 205 § 304.]
NOTES:
Part headings not law -- Severability -- 1992 c 205: See notes following RCW 13.40.010.
RCW 71.34.810
Redirection of Title XIX funds to fund placements within the state.
For the purpose of encouraging the expansion of existing evaluation and
treatment facilities and the creation of new facilities, the department shall
endeavor to redirect federal Title XIX funds which are expended on out-of-state
placements to fund placements within the state.
[1992 c 205 § 303.]
NOTES:
Part headings not law -- Severability -- 1992 c 205: See notes following RCW 13.40.010.
RCW 71.34.900
Severability -- 1985 c 354.
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.
[1985 c 354 § 37.]
RCW 71.34.901
Effective date -- 1985 c 354.
This act shall take effect January 1, 1986.
[1985 c 354 § 38.]