Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
RCW 71.05.010 Legislative intent.
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(1) The provisions of this chapter apply to persons who are eighteen years of age or older and are intended by the legislature:(a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae…
RCW 71.05.012 Legislative intent and finding.
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It is the intent of the legislature to enhance continuity of care for persons with serious behavioral health disorders that can be controlled or stabilized in a less restrictive alternative commitment. Within the guidelines stated in In re LaBelle[,] 107 Wn. 2d 196 (1986), the le…
RCW 71.05.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "23-hour crisis relief center" has the same meaning as under RCW 71.24.025;(2) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatr…
RCW 71.05.025 Integration with chapter 71.24 RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services.
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The legislature intends that the procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum extent necessary to assure an appropriate continuum of care for persons with behavioral health disorders, as defined in either or both …
RCW 71.05.026 Behavioral health services contracts—Limitation on state liability.
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(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.(2) Except as expressly provi…
RCW 71.05.027 Integrated comprehensive screening and assessment process for substance use and mental disorders.
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All persons providing treatment under this chapter shall also provide an integrated comprehensive screening and assessment process for substance use disorders and mental disorders adopted pursuant to RCW 71.24.630.[ 2019 c 325 s 3004; 2018 c 201 s 3003; 2014 c 225 s 82; 2005 c 50…
RCW 71.05.030 Commitment laws applicable.
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Persons suffering from a behavioral health disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter 10.77 RCW, chapter 71.06 RCW, chapter 71.34 RCW, transfer pursuant to RCW 72.68.031 through 72.68.037, or p…
RCW 71.05.040 Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.
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Persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or to…
RCW 71.05.050 Voluntary application for treatment of a behavioral health disorder—Rights—Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.
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(1) Nothing in this chapter shall be construed to limit the right of any person to apply voluntarily to any public or private agency or practitioner for treatment of a behavioral health disorder, either by direct application or by referral. Any person voluntarily admitted for inp…
RCW 71.05.100 Financial responsibility.
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In addition to the responsibility provided for by RCW 43.20B.330, any person, or his or her estate, or his or her spouse, who is involuntarily detained pursuant to this chapter for the purpose of treatment and evaluation outside of a facility maintained and operated by the depart…
RCW 71.05.110 Appointed counsel—Compensation.
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(1) The county where the person is detained shall administer appointed counsel under this chapter, regardless of the person's county of origin. Reimbursement for the costs of such representation is specified under RCW 71.05.730. The county shall provide counsel:(a) Directly;(b) B…
RCW 71.05.120 Exemptions from liability.
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(1) No officer of a public or private agency, nor the superintendent, 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 of…
RCW 71.05.130 Duties of prosecuting attorney and attorney general.
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In any judicial proceeding for involuntary commitment or detention except under RCW 71.05.201, or in any proceeding challenging involuntary commitment or detention, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or ag…
RCW 71.05.132 Court-ordered treatment—Required notifications.
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When any court orders a person to receive treatment under this chapter, the order shall include a statement that if the person is, or becomes, subject to supervision by the department of corrections, the person must notify the treatment provider and the person's mental health tre…
RCW 71.05.135 Mental health commissioners—Appointment.
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In each county the superior court may appoint the following persons to assist the superior court in disposing of its business: PROVIDED, That such positions may not be created without prior consent of the county legislative authority:(1) One or more attorneys to act as mental hea…
RCW 71.05.137 Mental health commissioners—Authority.
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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 t…
RCW 71.05.140 Records maintained.
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A record of all applications, petitions, and proceedings under this chapter shall be maintained by the county clerk in which the application, petition, or proceeding was initiated.[ 1973 1st ex.s. c 142 s 19.]
RCW 71.05.145 Offenders with behavioral health disorders who are believed to be dangerous—Less restrictive alternative.
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The legislature intends that, when evaluating a person who is identified under RCW 72.09.370(7), the professional person at the evaluation and treatment facility shall, when appropriate after consideration of the person's mental condition and relevant public safety concerns, file…
RCW 71.05.148 Assisted outpatient treatment—Petitions, court orders for less restrictive alternative treatment—Procedure.
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(1) A person is in need of assisted outpatient treatment if the court finds by clear, cogent, and convincing evidence pursuant to a petition filed under this section that:(a) The person has a behavioral health disorder;(b) Based on a clinical determination and in view of the pers…
RCW 71.05.150 Petition for initial detention of persons with behavioral health disorders—Evaluation and treatment period—Procedure—Tribal jurisdiction.
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(1) When a designated crisis responder receives information alleging that a person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific f…
RCW 71.05.153 Emergency detention of persons with behavioral health disorders—Procedure.
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(1) When a designated crisis responder receives information alleging that a person, as the result of a behavioral health disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of th…
RCW 71.05.154 Detention of persons with behavioral health disorders—Evaluation—Consultation with emergency room physician.
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If a person subject to evaluation under RCW 71.05.150 or 71.05.153 is located in an emergency room at the time of evaluation, the designated crisis responder conducting the evaluation shall take serious consideration of observations and opinions by an examining emergency room phy…
RCW 71.05.156 Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability.
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A designated crisis responder who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does…
RCW 71.05.157 Evaluation by designated crisis responder—When required—Required notifications.
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(1) When a designated crisis responder is notified by a jail that a defendant or offender who was subject to a discharge review under RCW 71.05.232 is to be released to the community, the designated crisis responder shall evaluate the person within seventy-two hours of release.(2…
RCW 71.05.160 Petition for initial detention.
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(1) Any facility receiving a person pursuant to RCW 71.05.150 or 71.05.153 shall require the designated crisis responder to prepare a petition for initial detention stating the circumstances under which the person's condition was made known and stating that there is evidence, as …
RCW 71.05.170 Acceptance of petition—Notice—Duty of state hospital.
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Whenever the designated crisis responder petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the facility providing one hundred twenty hour evaluation and treatment must immediately accept on a provisional basis t…
RCW 71.05.180 Detention period for evaluation and treatment.
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If the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admits the person, it may detain him or her for evaluation and treatment for a period not to exceed one hundred twenty hours fro…
RCW 71.05.182 Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or both—Automatic restoration of right at expiration of six-month period.
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(1) A person who under RCW 71.05.150 or 71.05.153 has been detained at a facility for a period of not more than one hundred twenty hours for the purpose of evaluation and treatment on the grounds that the person presents a likelihood of serious harm, but who has not been subseque…
RCW 71.05.190 Persons not admitted—Transportation—Detention of arrested person pending return to custody.
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If the person is not approved for admission by a facility providing one hundred twenty hour evaluation and treatment, and the individual has not been arrested, the facility shall furnish transportation, if not otherwise available, for the person to his or her place of residence o…
RCW 71.05.195 Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing.
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(1) A civil commitment may be initiated under the procedures described in RCW 71.05.150 or 71.05.153 for a person who has been found not guilty by reason of insanity in a state other than Washington or a tribe and who has fled from detention, commitment, or conditional release in…
RCW 71.05.201 Petition for initial detention when designated crisis responder does not detain—Procedure—Court review.
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(1) If a designated crisis responder decides not to detain a person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or 48 hours have elapsed since a designated crisis responder received a request for investigation and the designated crisis responder has not taken ac…
RCW 71.05.203 Notice—Petition for detention by family member, guardian, or conservator.
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(1) The authority and each behavioral health administrative services organization or agency employing designated crisis responders shall publish information in an easily accessible format describing the process for an immediate family member, guardian, or conservator, or a federa…
RCW 71.05.210 Evaluation—Treatment and care—Release or other disposition.
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(1) Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program:(a) Shall, within twenty-four hours of his or her admission or ac…
RCW 71.05.212 Evaluation—Consideration of information and records.
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(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:(a) Prior recommendations for evaluation of the need fo…
RCW 71.05.214 Protocols—Development—Submission to governor and legislature.
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The authority shall develop statewide protocols to be utilized by professional persons and designated crisis responders in administration of this chapter and chapters 10.77 and 71.34 RCW. The protocols shall be updated at least every three years. The protocols shall provide unifo…
RCW 71.05.215 Right to refuse antipsychotic medicine—Rules.
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(1) A person found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health disorder has a right to refuse antipsychotic medication unless it is determined that the failure to medicate may result in a likelihood of serious harm or subst…
RCW 71.05.217 Rights—Posting of list.
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(1) Insofar as danger to the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not spec…
RCW 71.05.220 Property of committed person.
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At the time a person is involuntarily admitted to an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, the professional person in charge or his or her designee shall take reasonable pr…
RCW 71.05.230 Commitment beyond initial evaluation and treatment period—Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment—Procedure.
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A person detained for one hundred twenty hours of evaluation and treatment may be committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative treatment. A petition may only be filed if the fol…
RCW 71.05.232 Discharge reviews—Consultations, notifications required.
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(1) When a state hospital admits a person for evaluation or treatment under this chapter who has a history of one or more violent acts and:(a) Has been transferred from a correctional facility; or(b) Is or has been under the authority of the department of corrections or the indet…
RCW 71.05.235 Examination, evaluation of criminal defendant—Hearing.
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(1) If an individual is referred to a designated crisis responder under *RCW 10.77.650(6)(a), the designated crisis responder shall examine the individual within forty-eight hours. If the designated crisis responder determines it is not appropriate to detain the individual or pet…
RCW 71.05.236 Involuntary commitment hearing—Postponement—Continuance.
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(1) In any proceeding for involuntary commitment under this chapter, the court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the prosecuting attorney or the attorney general if:(a) The respondent express…
RCW 71.05.237 Judicial proceedings—Court to enter findings when recommendations of professional person not followed.
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In any judicial proceeding in which a professional person has made a recommendation regarding whether an individual should be committed for treatment under this chapter, and the court does not follow the recommendation, the court shall enter findings that state with particularity…
RCW 71.05.240 Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.
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(1) If a petition is filed for up to 14 days of involuntary treatment, 90 days of less restrictive alternative treatment, or 18 months of less restrictive alternative treatment under RCW 71.05.148, the court shall hold a probable cause hearing within 120 hours of the initial dete…
RCW 71.05.245 Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.
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(1) In making a determination of whether a person is gravely disabled, presents a likelihood of serious harm, or is in need of assisted outpatient treatment in a hearing conducted under RCW 71.05.240 or 71.05.320, the court must consider the symptoms and behavior of the responden…
RCW 71.05.260 Release from involuntary intensive treatment—Exception.
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(1) Involuntary intensive treatment ordered at the time of the probable cause hearing shall be for no more than fourteen days, and shall terminate sooner when, in the opinion of the professional person in charge of the facility or his or her professional designee, (a) the person …
RCW 71.05.270 Temporary release.
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Nothing in this chapter shall prohibit the professional person in charge of a treatment facility, or his or her professional designee, from permitting a person detained for intensive treatment to leave the facility for prescribed periods during the term of the person's detention,…
RCW 71.05.280 Additional commitment—Grounds.
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At the expiration of the fourteen-day period of intensive treatment, a person may be committed for further treatment pursuant to RCW 71.05.320 if:(1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physica…
RCW 71.05.285 Additional confinement—Prior history evidence.
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In determining whether an inpatient or less restrictive alternative commitment under the process provided in RCW 71.05.280 and 71.05.320(4) is appropriate, great weight shall be given to evidence of a prior history or pattern of decompensation and discontinuation of treatment res…
RCW 71.05.290 Petition for additional commitment—Affidavit.
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(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder may petition the superior court for an order requiring such person to undergo an a…