Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
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…
RCW 71.05.300 Filing of petition—Appearance—Notice—Advice as to rights—Appointment of attorney, expert, or professional person.
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(1) The petition for ninety day treatment shall be filed with the clerk of the superior court at least three days before expiration of the fourteen-day period of intensive treatment. The clerk shall set a trial setting date as provided in RCW 71.05.310 on the next judicial day af…
RCW 71.05.310 Time for hearing—Due process—Jury trial—Continuation of treatment.
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The court shall set a hearing on the petition for ninety-day or one hundred eighty-day treatment within five judicial days of the trial setting hearing, or within ten judicial days for a petition filed under RCW 71.05.280(3). The court may continue the hearing in accordance with …
RCW 71.05.320 Remand for additional treatment—Less restrictive alternatives—Duration—Grounds—Hearing.
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(1)(a) Subject to (b) of this subsection, if the court or jury finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court sha…
RCW 71.05.325 Release—Authorized leave—Notice to prosecuting attorney.
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(1) Before a person committed under grounds set forth in RCW 71.05.280(3) is released because a new petition for involuntary treatment has not been filed under RCW 71.05.320(4), the superintendent, professional person, or designated crisis responder responsible for the decision w…
RCW 71.05.330 Early release—Notice to court and prosecuting attorney—Petition for hearing.
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(1) Nothing in this chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is being involuntarily treated from releasing him or her prior to the expiration of the commitment period when, in the opinion of the sup…
RCW 71.05.335 Modification of order for inpatient treatment—Intervention by prosecuting attorney.
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In any proceeding under this chapter to modify a commitment order of a person committed to inpatient treatment under grounds set forth in RCW 71.05.280(3) or 71.05.320(4)(c) in which the requested relief includes treatment less restrictive than detention, the prosecuting attorney…
RCW 71.05.337 Intervention by attorney representing a tribe.
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(1) An attorney representing a 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) Attend court proceedings;(ii)…
RCW 71.05.338 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 3.]
RCW 71.05.340 Outpatient treatment or care—Conditional release.
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(1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, …
RCW 71.05.350 Assistance to released persons.
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No indigent patient shall be conditionally released or discharged from involuntary treatment without suitable clothing, and the superintendent of a state hospital shall furnish the same, together with such sum of money as he or she deems necessary for the immediate welfare of the…
RCW 71.05.360 Rights of involuntarily detained persons.
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Notes:Reviser's note: RCW 71.05.360 was amended by 2020 c 312 s 731 without reference to its repeal by 2020 c 302 s 104. It has been decodified for publication purposes under RCW 1.12.025.
RCW 71.05.365 Involuntary commitment—Individualized discharge plan.
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When a person has been involuntarily committed for treatment to a hospital for a period of 90 or 180 days, and the superintendent or professional person in charge of the hospital determines that the person no longer requires active psychiatric treatment at an inpatient level of c…
RCW 71.05.380 Rights of voluntarily committed persons.
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All persons voluntarily entering or remaining in any facility, institution, or hospital providing evaluation and treatment for behavioral health disorders shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.217.[ 2020 c 302 s 47; 2016 sp.s. c…
RCW 71.05.425 Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional release, final release, leave, transfer, or escape—To whom given—Definitions.
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(1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional release, final release, authorized leave under RCW 71.05.325(2), or transfer to a facility other than a state mental hospital, the…
RCW 71.05.435 Discharge of person from treatment entity—Notice to designated crisis responder office.
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(1) Whenever a person who is the subject of an involuntary commitment order under this chapter is discharged from an evaluation and treatment facility, state hospital, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pr…
RCW 71.05.445 Court-ordered behavioral health treatment of persons subject to department of corrections supervision—Initial assessment inquiry—Required notifications—Rules.
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(1)(a) When a behavioral health service provider conducts its initial assessment for a person receiving court-ordered treatment, the service provider shall inquire and shall be told by the offender whether he or she is subject to supervision by the department of corrections.(b) W…
RCW 71.05.455 Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy.
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When funded, the Washington association of sheriffs and police chiefs, in consultation with the criminal justice training commission, must develop and adopt a model policy for use by law enforcement agencies relating to a law enforcement officer's referral of a person to a behavi…
RCW 71.05.457 Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.
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By July 1, 2017, all general authority Washington law enforcement agencies must adopt a policy establishing criteria and procedures for a law enforcement officer to refer a person to a behavioral health agency after receiving a report of threatened or attempted suicide.[ 2020 c 3…
RCW 71.05.458 Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.
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As soon as possible, but no later than 24 hours from receiving a referral from a law enforcement officer or law enforcement agency, including a tribal law enforcement officer or tribal law enforcement agency, excluding Saturdays, Sundays, and holidays, a mental health professiona…
RCW 71.05.500 Liability of applicant.
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Any person making or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application was in good …
RCW 71.05.510 Damages for excessive detention.
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Any individual who knowingly, willfully or through gross negligence violates the provisions of this chapter by detaining a person for more than the allowable number of days shall be liable to the person detained in civil damages. It shall not be a prerequisite to an action under …
RCW 71.05.520 Protection of rights—Staff.
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The authority as the state's behavioral health authority, the department of social and health services in its operation of the state hospitals, and the department of health in exercising its function of licensing and certification of behavioral health providers and facilities sha…
RCW 71.05.530 Facilities part of comprehensive behavioral health program.
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Evaluation and treatment facilities and secure withdrawal management and stabilization facilities authorized pursuant to this chapter may be part of the comprehensive community behavioral health services program conducted in counties pursuant to chapter 71.24 RCW, and may receive…
RCW 71.05.560 Adoption of rules.
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The department, the department of social and health services, and the authority shall adopt such rules 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 of the program and facilities oper…
RCW 71.05.570 Rules of court.
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The supreme court of the state of Washington shall adopt such rules as it shall deem necessary with respect to the court procedures and proceedings provided for by this chapter.[ 1973 1st ex.s. c 142 s 62.]
RCW 71.05.575 Less restrictive alternative treatment—Consideration by court.
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(1) When making a decision under this chapter whether to require a less restrictive alternative treatment, the court shall consider whether it is appropriate to include or exclude time spent in confinement when determining whether the person has committed a recent overt act.(2) W…
RCW 71.05.585 Less restrictive alternative treatment.
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(1) Less restrictive alternative treatment, at a minimum, includes 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 evaluatio…
RCW 71.05.590 Enforcement, modification, or revocation of less restrictive alternative or conditional release orders—Initiation of inpatient detention procedures.
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(1) Either an agency or facility designated to monitor or provide services under a less restrictive alternative order or conditional release, or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative treatment order or conditio…
RCW 71.05.595 Less restrictive alternative treatment order—Termination.
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A court order for less restrictive alternative treatment for a person found to be in need of assisted outpatient treatment must be terminated prior to the expiration of the order when, in the opinion of the professional person in charge of the less restrictive alternative treatme…
RCW 71.05.620 Court files and records closed—Exceptions—Rules.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***(1) The files and records of court proceedings under this chapter and chapter 71.34 RCW shall be closed but shall be accessible to:(a) The department;(b) The department of social and health services;(c) The authority;(d) The state hospitals…
RCW 71.05.660 Treatment records—Privileged communications unaffected.
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Nothing in this chapter or chapter 70.02 or 71.34 RCW shall be construed to interfere with communications between physicians, physician assistants, psychiatric advanced registered nurse practitioners, or psychologists and patients and attorneys and clients.[ 2016 sp.s. c 29 s 420…
RCW 71.05.680 Treatment records—Access under false pretenses, penalty.
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Any person who requests or obtains confidential information pursuant to RCW 71.05.620 under false pretenses shall be guilty of a gross misdemeanor.[ 2013 c 200 s 22; 2005 c 504 s 713; 1999 c 13 s 11. Prior: 1989 c 205 s 18.]Notes:Effective date—2013 c 200: See note following RCW …
RCW 71.05.700 Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual.
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No designated crisis responder or crisis intervention worker shall be required to respond to a private home or other private location to stabilize or treat a person in crisis, or to evaluate a person for potential detention under the state's involuntary treatment act, unless a se…
RCW 71.05.705 Provider of designated crisis responder or crisis outreach services—Policy for home visits.
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Each provider of designated crisis responder or crisis outreach services shall maintain a written policy that, at a minimum, describes the organization's plan for training, staff backup, information sharing, and communication for crisis outreach staff who respond to private homes…
RCW 71.05.710 Home visit by mental health professional—Wireless telephone to be provided.
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Any mental health professional who engages in home visits to clients shall be provided by their employer with a wireless telephone or comparable device for the purpose of emergency communication.[ 2007 c 360 s 4.]Notes:Findings—Short title—2007 c 360: See notes following RCW 71.0…
RCW 71.05.715 Crisis visit by mental health professional—Access to information.
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Any mental health professional who is dispatched on a crisis visit, as described in RCW 71.05.700, shall have prompt access to information about any history of dangerousness or potential dangerousness on the client they are being sent to evaluate that is documented in crisis plan…
RCW 71.05.720 Training for community mental health employees.
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Annually, all community mental health employees who work directly with clients shall be provided with training on safety and violence prevention topics described in RCW 49.19.030. The curriculum for the training shall be developed collaboratively among the authority, the departme…
RCW 71.05.730 Judicial services—Civil commitment cases—Reimbursement.
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(1) A county may apply to its behavioral health administrative services organization on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. A tribe may apply to the authority o…
RCW 71.05.732 Reimbursement for judicial services—Assessment.
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(1) The joint legislative audit and review committee shall conduct an independent assessment of the direct costs of providing judicial services under this chapter and chapter 71.34 RCW as defined in RCW 71.05.730. The assessment shall include a review and analysis of the reasons …
RCW 71.05.740 Reporting of commitment data.
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(1) All behavioral health administrative services organizations in the state of Washington must forward historical behavioral health involuntary commitment information retained by the organization, including identifying information and dates of commitment to the authority. As soo…
RCW 71.05.745 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 person suffering from a mental disorder for whom an evaluation and treatment bed is not available. The facility that is the proposed site of the single …
RCW 71.05.750 Report—No bed available for person who meets detention criteria.
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(1) A designated crisis responder shall make a report to the authority when he or she determines a person meets detention criteria under RCW 71.05.150, 71.05.153, 71.34.700, or 71.34.710 and there are not any beds available at an evaluation and treatment facility, the person has …
RCW 71.05.755 Duties upon receipt of no bed available report—Corrective actions.
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(1) The authority shall promptly share reports it receives under RCW 71.05.750 with the responsible behavioral health administrative services organization or managed care organization, if applicable. The behavioral health administrative services organization or managed care organ…
RCW 71.05.760 Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.
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(1)(a) The authority or its designee shall provide training to the designated crisis responders.(b)(i) To qualify as a designated crisis responder, a person must have received substance use disorder training as determined by the authority and be a:(A) Mental health professional w…
RCW 71.05.765 Civil commitment training—Contracting—Requirements.
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The authority must contract with an association that represents designated crisis responders in Washington to develop and begin delivering by July 1, 2025, a training program for social workers licensed under chapter 18.225 RCW who practice in an emergency department with respons…
RCW 71.05.801 Persons with developmental disabilities—Service plans—Habilitation services.
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When appropriate and subject to available funds, the treatment and training of a person with a developmental disability who is committed to the custody of the department of social and health services or to a facility licensed or certified for ninety day treatment by the departmen…
RCW 71.05.820 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 71.05.940 Equal application of 1989 c 420—Evaluation for developmental disability.
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The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department of social and health services on May 13, 1989, who were found by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to hav…