Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
RCW 71.34.010 Purpose.
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(1) It is the purpose of this chapter to assure that minors in need of behavioral 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 invol…
RCW 71.34.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "23-hour crisis relief center" has the same meaning as provided in RCW 71.24.025.(2) "Admission" or "admit" means a decision by a physician, physician assistant, or ps…
RCW 71.34.300 Evaluation and treatment program for minors—Authority's responsibility.
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The authority is responsible for development and coordination of the evaluation and treatment program for minors and for coordination of evaluation and treatment services and resources with the community behavioral health program required under chapter 71.24 RCW.[ 2019 c 325 s 20…
RCW 71.34.305 Notice to parents, school contacts for referring students to inpatient treatment.
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School district personnel who contact a behavioral health disorder 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.[ 2020 c 302 s 65; 2016 sp.s. c 2…
RCW 71.34.310 Jurisdiction over proceedings under chapter—Venue.
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(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 c…
RCW 71.34.312 Intervention by attorney representing a tribe.
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(1) An attorney representing a federally recognized Indian tribe has the right to intervene at any point in any court proceeding under this chapter involving a member of the tribe.(a) For purposes of this section, "right to intervene" means the right of a tribal attorney to:(i) A…
RCW 71.34.313 Assertion of jurisdiction or authority over tribes prohibited.
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Nothing in this chapter may be read as an assertion of state jurisdiction or regulatory authority over a tribe.[ 2024 c 209 s 4.]
RCW 71.34.315 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 71.34.320 Transfer of superior court proceedings to juvenile department.
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For purposes of this chapter, a superior court may transfer proceedings under this chapter to its juvenile department.[ 1985 c 354 s 28. Formerly RCW 71.34.260.]
RCW 71.34.325 Court proceedings under chapter subject to rules of state supreme court.
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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 s 24. Formerly RCW 71.34.240.]
RCW 71.34.330 Attorneys appointed for minors—Compensation.
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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…
RCW 71.34.335 Court records and files confidential—Availability.
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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 caus…
RCW 71.34.351 Delivery of minor to treatment facilities.
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A peace officer may take or authorize a minor to be taken into custody and immediately delivered to an appropriate crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substan…
RCW 71.34.355 Rights of minors undergoing treatment—Posting—Waiver—Presumption of incompetency.
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(1) 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:(a) To wear their own clothes and to keep and use personal possessions;(b) To keep and be allowed to spend …
RCW 71.34.356 Possessions of minors undergoing treatment.
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At the time a minor 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 pre…
RCW 71.34.360 No detention of minors after eighteenth birthday—Exceptions.
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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 involuntar…
RCW 71.34.365 Release of minor—Requirements.
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(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 transportat…
RCW 71.34.375 Family-initiated treatment—Notice to parents of available treatment options.
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(1) If a parent or guardian, for the purpose of mental health treatment, substance use disorder treatment, or evaluation, brings his or her minor child to an evaluation and treatment facility, a hospital emergency room, an inpatient facility licensed under chapter 72.23 RCW, an i…
RCW 71.34.377 Failure to notify parent or guardian of treatment options—Civil penalty.
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An evaluation and treatment facility that fails to comply with the requirement to provide verbal and written notice to a parent or guardian of a child under RCW 71.34.375 is subject to a civil penalty of one thousand dollars for each failure to provide adequate notice, unless the…
RCW 71.34.379 Notice to parent or guardian—Treatment options—Policy and protocol adoption—Report.
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Facilities licensed under chapter 70.41, 71.12, or 72.23 RCW are required to adopt policies and protocols regarding the notice requirements described in RCW 71.34.375.[ 2019 c 325 s 2004; 2011 c 302 s 5.]Notes:Effective date—2019 c 325: See note following RCW 71.24.011.
RCW 71.34.380 Department, department of health, and authority to adopt rules to effectuate chapter.
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(1) The department, department of health, and the authority shall adopt such rules pursuant to chapter 34.05 RCW as may be necessary to effectuate the intent and purposes of this chapter.(2) The authority shall evaluate the quality, effectiveness, efficiency, and use of services,…
RCW 71.34.385 Uniform application of chapter—Training for designated crisis responders.
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The authority shall ensure that the provisions of this chapter are applied in a consistent and uniform manner. The authority shall also ensure that, to the extent possible within available funds, the designated crisis responders are specifically trained in adolescent mental healt…
RCW 71.34.387 Online training for behavioral health providers—State law and best practices when providing behavioral health services to children, youth, and families.
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Subject to the availability of amounts appropriated for this specific purpose, the authority must provide an online training for behavioral health providers regarding state law and best practices when providing behavioral health services to children, youth, and families. The trai…
RCW 71.34.390 Redirection of Title XIX funds to fund placements within the state.
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For the purpose of encouraging the expansion of existing evaluation and treatment facilities and the creation of new facilities, the authority shall endeavor to redirect federal Title XIX funds which are expended on out-of-state placements to fund placements within the state.[ 20…
RCW 71.34.395 Availability of treatment does not create right to obtain public funds.
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The ability of a parent to bring his or her minor child to a licensed or 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 mino…
RCW 71.34.400 Eligibility for medical assistance under chapter 74.09 RCW—Payment by authority.
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For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health or inpatient substance use disorder treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the au…
RCW 71.34.405 Liability for costs of minor's treatment and care—Rules.
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(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 or director, as appropriate, shall establish …
RCW 71.34.406 Liability of costs of minor's treatment—Involuntary detention—Rules.
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In addition to the responsibility provided for by RCW 43.20B.330, the parents of a minor person who is involuntarily detained pursuant to this chapter for the purpose of treatment and evaluation outside of a facility maintained and operated by the department shall be responsible …
RCW 71.34.410 Liability for performance of duties under this chapter limited.
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(1) 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 necess…
RCW 71.34.415 Judicial services—Civil commitment cases—Reimbursement.
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A county may apply to its behavioral health administrative services organization for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter, as provided in RCW 71.05.730.[ 2019 c 325 s 2006; 2014 c 225 s 90; 2011 c 343 s 4.]…
RCW 71.34.420 Evaluation and treatment services—Unavailability—Single bed certification.
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(1) The authority may use a single bed certification process as outlined in rule to provide additional treatment capacity for a minor suffering from a mental disorder for whom an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approv…
RCW 71.34.430 Release of adolescent's mental health information to parent without adolescent's consent.
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A mental health agency, *psychiatric hospital, evaluation and treatment facility, crisis stabilization unit, or 23-hour crisis relief center may release mental health information about an adolescent to a parent of the adolescent without the consent of the adolescent by following …
RCW 71.34.440 Detention of minors—Permission to leave facility.
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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 minor detained for intensive treatment to leave the facility for prescribed periods during the term of the minor's detention, u…
RCW 71.34.445 Temporary detention for evaluation regarding involuntary commitment.
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If an adolescent is brought to or accepted at a 23-hour crisis relief center and thereafter refuses to stay voluntarily, and the professional staff of the 23-hour crisis relief center regard the adolescent as presenting as a result of a behavioral health disorder an imminent like…
RCW 71.34.500 Self-admission of adolescent for inpatient behavioral health treatment or substance use disorder treatment—Requirements.
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(1) An adolescent may admit himself or herself to an evaluation and treatment facility for inpatient mental health treatment or an approved substance use disorder treatment program for inpatient substance use disorder treatment without parental consent. The admission shall occur …
RCW 71.34.510 Notice to parents of adolescent voluntarily admitted to inpatient treatment—When required—Duties of professional person in charge—Form of notice.
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(1) The professional person in charge of an evaluation and treatment facility shall provide notice to the parent of an adolescent when the adolescent is voluntarily admitted to inpatient treatment under RCW 71.34.500 solely for mental health treatment and not for substance use di…
RCW 71.34.520 Notice of intent to leave inpatient treatment by adolescent voluntarily admitted—Duties of receiving staff member—Time frame for discharge of adolescent.
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(1) Any adolescent voluntarily admitted to an evaluation and treatment facility or approved substance use disorder treatment program under RCW 71.34.500 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 i…
RCW 71.34.530 Outpatient treatment of adolescent.
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Any adolescent may request and receive outpatient treatment without the consent of the adolescent's parent. Parental authorization, or authorization from a person who may consent on behalf of the minor pursuant to RCW 7.70.065, is required for outpatient treatment of a minor unde…
RCW 71.34.600 Parental request for determination of whether adolescent has a behavioral health disorder requiring inpatient treatment—Adolescent's consent not required for admission, evaluation, and treatment—Duties and obligations of professional person and facility.
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(1) A parent may bring, or authorize the bringing of, his or her adolescent child to:(a) An evaluation and treatment facility or an inpatient facility licensed under chapter 70.41, 71.12, or 72.23 RCW and request that the professional person examine the adolescent to determine wh…
RCW 71.34.610 Authority's review of medical necessity of inpatient treatment of adolescent admitted to a facility due to parental request—Required considerations in making determination—Procedures for release—At-risk youth petition—Costs—Public funds.
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(1) The authority shall assure that, for any adolescent admitted to inpatient treatment under RCW 71.34.600, a review is conducted by a physician or other mental health professional who is employed by the authority, or an agency under contract with the authority, and who neither …
RCW 71.34.620 Adolescent's court petition for release from inpatient treatment facility—Judicial review of medical necessity.
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Following the review conducted under RCW 71.34.610, an adolescent 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 adolescent unless it finds, upon a pre…
RCW 71.34.630 Adolescent not released from inpatient treatment facility by court petition—Release within thirty days—Initiation of proceedings to stop release.
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(1) If the adolescent is receiving inpatient treatment in a hospital setting and is not released as a result of the petition filed under RCW 71.34.620, he or she shall be released not later than thirty days following the later of: (a) The date of the authority's determination und…
RCW 71.34.640 Evaluation of treatment of adolescents.
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The authority shall randomly select and review the information on adolescents who are admitted to inpatient treatment on application of the adolescent's parent regardless of the source of payment, if any, subject to the limitations under RCW 71.34.600(3). The review shall determi…
RCW 71.34.650 Parental request for determination of whether adolescent has a behavioral health disorder requiring outpatient treatment—Adolescent's consent not required for evaluation and certain treatment—Treatment reviews—Discharge.
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(1) A parent may bring, or authorize the bringing of, his or her adolescent child to a provider of outpatient behavioral health treatment and request that an appropriately trained professional person examine the adolescent to determine whether the adolescent has a behavioral heal…
RCW 71.34.660 Limitation on liability for admitting or accepting adolescent.
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An adolescent shall have no cause of action against an evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, inpatient facility, or provider of outpatient mental health treatment or outpatien…
RCW 71.34.670 "Appropriately trained professional person" defined by rule.
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The authority shall adopt rules defining "appropriately trained professional person" operating within their scope of practice within Title 18 RCW for the purposes of conducting mental health and substance use disorder evaluations under RCW 71.34.600(3) and 71.34.650(1).[ 2019 c 3…
RCW 71.34.680 Data collection and tracking system for adolescents receiving treatment.
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The authority shall develop and operate a data collection and tracking system for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670. In implementing this data collection and tracking system, the authority shall, in collaboration with the depar…
RCW 71.34.700 Evaluation of adolescent brought for immediate inpatient treatment—Temporary detention.
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(1) If an adolescent is brought to an evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, approved substance use disorder treatment program with available space, or hospital emergency room for immediate behavioral healt…
RCW 71.34.705 Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
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(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding:(a) Historical…
RCW 71.34.706 Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
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(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding:(a) Historical…