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Washington Statutes, Title 71

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Washington/Statutes

← All Washington coverage

Title 71, BEHAVIORAL HEALTH

13 chapters · 469 sections in this title.

All chapters in Title 71469 Ch 71.24, Community behavioral health services…136 Ch 71.05, Behavioral health disorders.99 Ch 71.34, Behavioral health services for minors.68 Ch 71.09, Sexually violent predators.62 Ch 71.12, Private establishments.30 Ch 71.32, Mental health advance directives.28 Ch 71.06, Sexual psychopaths.17 Ch 71.40, Office of behavioral health consumer…14 Ch 71.36, Coordination of children's mental he…5 Ch 71.98, Construction.5 Ch 71.02, Reimbursement of costs for treatment.2 Ch 71.20, Local funds for community services.2 Ch 71.28, Interstate contracts.1

469 sections·Filtered byTitle 71✕

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. [ 2…
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 w…

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 …

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, approved substance use disorder treatment program, or hospital emergency room for immediate behavioral health services, the professional person in cha…

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) Historica…

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) Historica…

RCW 71.34.710 Adolescent who presents likelihood of serious harm or is gravely disabled—Transport to inpatient facility—Petition for initial detention—Notice—Facility to evaluate and admit or release adolescent.

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(1)(a) When a designated crisis responder receives information that an adolescent as a result of a behavioral health 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 …

RCW 71.34.720 Examination and evaluation of minor approved for inpatient admission—Referral to a secure withdrawal management and stabilization facility or substance use disorder treatment program—Right to communication, exception—Evaluation and treatment period.

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(1) Each minor approved by the facility for inpatient admission shall be examined and evaluated by a children's mental health specialist, for minors admitted as a result of a mental disorder, or by a substance use disorder professional or co-occurring disorder specialist, for min…

RCW 71.34.730 Petition for fourteen-day commitment—Requirements.

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(1) The professional person in charge of an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program where a minor has been admitted involuntarily for the initial one hundred twenty hour treat…

RCW 71.34.735 Commitment hearing—Continuance or postponement.

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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 expres…

RCW 71.34.740 Commitment hearing—Requirements—Findings by court—Commitment—Release.

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(1) A commitment hearing shall be held within one hundred twenty hours of the minor's admission, excluding Saturday, Sunday, and holidays, unless a continuance is ordered under RCW 71.34.735. (2) The commitment hearing shall be conducted at the superior court or an appropriate pl…

RCW 71.34.750 Petition for one hundred eighty-day commitment—Hearing—Requirements—Findings by court—Commitment order—Release—Successive commitments.

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(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 pr…

RCW 71.34.755 Less restrictive alternative treatment—Requirements.

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(1) Less restrictive alternative treatment, at a minimum, must include the following services: (a) Assignment of a care coordinator; (b) An intake evaluation with the provider of the less restrictive alternative treatment; (c) A psychiatric evaluation, a substance use disorder ev…

RCW 71.34.760 Placement of minor in state evaluation and treatment facility or substance use disorder treatment program—Placement committee—Facility or program to report to committee.

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(1) If a minor is committed for one hundred eighty-day inpatient treatment and is to be placed in a state-supported program, the director shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility or state-funded approved substance …

RCW 71.34.770 Release of minor—Conditional release—Discharge.

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(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 71.34.780 if leave conditions are not met or the minor's functioning substantiall…

RCW 71.34.780 Minor's failure to adhere to outpatient conditions—Deterioration of minor's functioning—Transport to facility or program—Order of apprehension and detention—Revocation of alternative treatment or conditional release—Hearings.

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(1) If the professional person in charge of an outpatient treatment program, a designated crisis responder, or the director or secretary, as appropriate, determines that a minor is failing to adhere to the conditions of the court order for less restrictive alternative treatment o…

RCW 71.34.790 Transportation for minors committed to state facility for one hundred eighty-day treatment.

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Necessary transportation for minors committed to the director under this chapter for one hundred eighty-day treatment shall be provided by the authority in the most appropriate and cost-effective means. [ 2018 c 201 s 5022; 1985 c 354 s 15. Formerly RCW 71.34.150.] Notes: Finding…

RCW 71.34.795 Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities.

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When in the judgment of the department of children, youth, and families 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 a…

RCW 71.34.796 Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.

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When, in the judgment of the department of social and health services, the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that such a person be transferred or moved for observation, diagnosis or treatment to …

RCW 71.34.815 Assisted outpatient treatment—Findings—Petition, court order for less restrictive alternative treatment—Procedure.

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(1) An adolescent is in need of assisted outpatient treatment if the court finds by clear, cogent, and convincing evidence in response to a petition filed under this section that: (a) The adolescent has a behavioral health disorder; (b) Based on a clinical determination and in vi…

RCW 71.34.905 Rule making—Access to files and records of court proceedings.

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The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish rules regarding access to court records, and respectfully requests the Washington state supreme court to adopt rules regarding potential access fo…

RCW 71.34.910 Appearance by video technology.

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For purposes of this chapter, at any hearing the petitioner, the respondent, the witnesses, the interpreters, and the presiding judicial officer may be present and participate either in person or by video, as determined by the court. The term "video" as used in this section inclu…

RCW 71.34.915 Authority outreach—Law and policy communication—Accessibility.

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The authority shall dedicate at least one full-time employee to: (1) Connecting families, behavioral health providers, educators, and other stakeholders with current information about law and policy related to behavioral health services for minors; (2) Creating shareable content …

RCW 71.34.918 Authority outreach—Parent portal—Report to legislature.

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(1) The authority shall convene stakeholders to design, further define, and implement a parent portal. The authority shall work with stakeholders including Washington state community connectors and consider the website prototype already under development by that organization. The…

RCW 71.36.005 Intent.

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The legislature intends to substantially improve the delivery of children's mental health services in Washington state through the development and implementation of a children's mental health system that: (1) Values early identification, intervention, and prevention; (2) Coordina…

RCW 71.36.010 Definitions.

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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency" means a state, tribal, or local governmental entity or a private not-for-profit organization. (2) "Behavioral health administrative services organization" me…

RCW 71.36.025 Elements of a children's mental health system.

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(1) It is the goal of the legislature that the children's mental health system in Washington state align with the Washington thriving strategic plan developed under RCW 74.09.4951(6) and include the following elements: (a) A continuum of services from early identification, interv…

RCW 71.36.040 Issue identification, data collection, plan revision—Coordination and information sharing with other state agencies.

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(1) The health care authority shall, within available funds: (a) Identify internal business operation issues that limit the authority's ability to meet legislative intent to coordinate existing categorical children's mental health programs and funding; (b) Collect reliable mental…

RCW 71.36.060 Medicaid eligible children in temporary juvenile detention.

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The health care authority shall explore the feasibility of obtaining a medicaid state plan amendment to allow the state to receive medicaid matching funds for health services provided to medicaid enrolled youth who are temporarily placed in a juvenile detention facility. Temporar…