Involuntary treatment

AN ACT Relating to involuntary treatment; amending RCW 2.28.210, 1
71.05.130, 71.05.148, 71.05.148, 71.05.150, 71.05.153, 71.05.201, 2
71.05.203, 71.05.240, 71.05.245, 71.05.260, 71.05.325, 71.05.330, 3
71.05.335, 71.05.340, 71.05.425, 71.05.585, 71.05.585, 71.05.590, 4
71.05.620, 71.34.020, 71.34.020, 71.34.700, 71.34.710, 71.34.740, 5
71.34.755, 71.34.755, 71.34.780, 71.34.815, 71.34.815, 70.02.230, and 6
70.02.230; reenacting and amending RCW 9.41.049; adding new sections 7
to chapter 71.05 RCW; adding a new section to chapter 70.41 RCW; 8
providing effective dates; providing a contingent effective date; 9
providing an expiration date; and providing a contingent expiration 10
date. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:12
Sec. 1. RCW 2.28.210 and 2021 c 215 s 88 are each amended to 13
read as follows: 14
(1) Before granting an order under any of the following titles of 15
the laws of the state of Washington, the court may consult the 16
judicial information system or any related databases, if available, 17
to determine criminal history or the pendency of other proceedings 18
involving the parties: 19
(a) Granting any temporary or final order establishing a 20
parenting plan or residential schedule or directing residential 21
S-4213.1
SENATE BILL 6296
State of Washington 69th Legislature 2026 Regular Session
By Senators Salomon and Dhingra
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placement of a child or restraining or limiting a party's contact 1
with a child under Title 26 RCW; 2
(b) Granting any order regarding a vulnerable child or adult or 3
alleged incapacitated person irrespective of the title or where 4
contained in the laws of the state of Washington; 5
(c) Granting letters of guardianship or administration or letters 6
testamentary under Title 11 RCW; 7
(d) ((Granting any relief under Title 71 RCW;8
(e))) Granting any relief in a juvenile proceeding under Title 13 9
RCW; or 10
(((f))) (e) Granting any order of protection, temporary order of 11
protection, or criminal no-contact order under chapter 7.105, 9A.46, 12
10.99, or 26.52 RCW. 13
(2) Before granting any relief under chapter 71.05 RCW, the court 14
shall consult the judicial information system or any related 15
databases, if available, to determine the respondent's criminal 16
history, prior civil commitments under chapter 71.05 RCW, pendency of 17
other proceedings involving the respondent, and the respondent's 18
firearms history, including purchase history and any concealed pistol 19
license history.20
(3) In the event that the court consults such a database, the 21
court shall disclose that fact to the parties and shall disclose any 22
particular matters relied upon by the court in rendering the 23
decision. Upon request of a party, a copy of the document relied upon 24
must be filed, as a confidential document, within the court file, 25
with any confidential contact information such as addresses, phone 26
numbers, or other information that might disclose the location or 27
whereabouts of any person redacted from the document or documents.28
Sec. 2. RCW 71.05.130 and 2025 c 226 s 4 are each amended to 29
read as follows: 30
In any judicial proceeding for involuntary commitment or 31
detention except under RCW 71.05.201, or in any proceeding 32
challenging involuntary commitment or detention, the prosecuting 33
attorney for the county in which the proceeding was initiated shall 34
represent the individuals or agencies petitioning for commitment or 35
detention and shall defend all challenges to such commitment or 36
detention, except that ((the)):37
(1) The attorney general shall represent and provide legal 38
services and advice to state hospitals and state facilities with 39
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regard to all provisions of and proceedings under this chapter other 1
than proceedings initiated by such hospitals and facilities seeking 2
14-day detention; and3
(2) In a proceeding for modification or revocation of a less 4
restrictive alternative treatment order under RCW 71.05.590, the 5
prosecuting attorney for the county in which the person is receiving 6
less restrictive alternative treatment shall represent the 7
individuals or agencies petitioning for modification or revocation of 8
the order. 9
Sec. 3. RCW 71.05.148 and 2024 c 209 s 9 are each amended to 10
read as follows: 11
(1) A person is in need of assisted outpatient treatment if the 12
court finds by ((clear, cogent, and convincing )) a preponderance of 13
the evidence pursuant to a petition filed under this section that:14
(a) The person has a behavioral health disorder;15
(b) Based on a clinical determination and in view of the person's 16
treatment history and current behavior, at least one of the following 17
is true: 18
(i) The person is unlikely to survive safely in the community 19
without supervision and the person's condition is substantially 20
deteriorating; or 21
(ii) The person is in need of assisted outpatient treatment in 22
order to prevent a relapse or deterioration that would be likely to 23
result in grave disability or a likelihood of serious harm to the 24
person or to others; 25
(c) The person has a history of lack of compliance with treatment 26
for his or her behavioral health disorder that has:27
(i) At least twice within the 36 months prior to the filing of 28
the petition been a significant factor in necessitating 29
hospitalization of the person, or the person's receipt of services in 30
a forensic or other mental health unit of a state or tribal 31
correctional facility or local correctional facility, provided that 32
the 36-month period shall be extended by the length of any 33
hospitalization or incarceration of the person that occurred within 34
the 36-month period; 35
(ii) At least twice within the 36 months prior to the filing of 36
the petition been a significant factor in necessitating emergency 37
medical care or hospitalization for behavioral health-related medical 38
conditions including overdose, infected abscesses, sepsis, 39
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endocarditis, or other maladies, or a significant factor in behavior 1
which resulted in the person's incarceration in a state, tribal, or 2
local correctional facility; or 3
(iii) Resulted in one or more violent acts, threats, or attempts 4
to cause serious physical harm to the person or another within the 48 5
months prior to the filing of the petition, provided that the 48-6
month period shall be extended by the length of any hospitalization 7
or incarceration of the person that occurred during the 48-month 8
period; 9
(d) Participation in an assisted outpatient treatment program 10
would be the least restrictive alternative necessary to ensure the 11
person's recovery and stability; and 12
(e) The person will benefit from assisted outpatient treatment.13
(2) The following individuals may directly file a petition for 14
less restrictive alternative treatment on the basis that a person is 15
in need of assisted outpatient treatment: 16
(a) The director of a hospital where the person is hospitalized 17
or the director's designee; 18
(b) The director of a behavioral health service provider 19
providing behavioral health care or residential services to the 20
person or the director's designee; 21
(c) The person's treating mental health professional or substance 22
use disorder professional or one who has evaluated the person;23
(d) A designated crisis responder; 24
(e) A release planner from a corrections facility; or25
(f) An emergency room physician. 26
(3) A court order for less restrictive alternative treatment on 27
the basis that the person is in need of assisted outpatient treatment 28
may be effective for up to 18 months. The petitioner must personally 29
interview the person, unless the person refuses an interview, to 30
determine whether the person will voluntarily receive appropriate 31
treatment. 32
(4) The petitioner must allege specific facts based on personal 33
observation, evaluation, or investigation, and must consider the 34
reliability or credibility of any person providing information 35
material to the petition. 36
(5) The petition must include: 37
(a) A statement of the circumstances under which the person's 38
condition was made known and the basis for the opinion, from personal 39
observation or investigation, that the person is in need of assisted 40
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outpatient treatment. The petitioner must state which specific facts 1
come from personal observation and specify what other sources of 2
information the petitioner has relied upon to form this belief;3
(b) ((A declaration from a physician, physician assistant, 4
advanced registered nurse practitioner, or the person's treating 5
mental health professional or substance use disorder professional, 6
who has examined the person no more than 10 days prior to the 7
submission of the petition and who is willing to testify in support 8
of the petition, or who alternatively has made appropriate attempts 9
to examine the person within the same period but has not been 10
successful in obtaining the person's cooperation, and who is willing 11
to testify to the reasons they believe that the person meets the 12
criteria for assisted outpatient treatment. If the declaration is 13
provided by the person's treating mental health professional or 14
substance use disorder professional, it must be cosigned by a 15
supervising physician, physician assistant, or advanced registered 16
nurse practitioner who certifies that they have reviewed the 17
declaration;18
(c))) The declarations of ((additional)) witnesses, if any, 19
supporting the petition for assisted outpatient treatment;20
(((d))) (c) The name of an agency, provider, or facility that 21
agrees to provide less restrictive alternative treatment if the 22
petition is granted by the court; and 23
(((e))) (d) If the person is detained in a state hospital, 24
inpatient treatment facility, jail, or correctional facility at the 25
time the petition is filed, the anticipated release date of the 26
person and any other details needed to facilitate successful reentry 27
and transition into the community. 28
(6)(a) Upon receipt of a petition meeting all requirements of 29
this section, the court shall fix a date for a hearing:30
(i) No sooner than three days or later than seven days after the 31
date of service or as stipulated by the parties or, upon a showing of 32
good cause, no later than 30 days after the date of service; or33
(ii) If the respondent is hospitalized at the time of filing of 34
the petition, before discharge of the respondent and in sufficient 35
time to arrange for a continuous transition from inpatient treatment 36
to assisted outpatient treatment. 37
(b) A copy of the petition and notice of hearing shall be served, 38
in the same manner as a summons, on the petitioner, the respondent, 39
((the qualified professional whose affidavit accompanied the 40
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petition,)) a current provider, if any, and a surrogate decision 1
maker or agent under chapter 71.32 RCW, if any. 2
(c) If the respondent has a surrogate decision maker or agent 3
under chapter 71.32 RCW who wishes to provide testimony at the 4
hearing, the court shall afford the surrogate decision maker or agent 5
an opportunity to testify. 6
(d) The respondent shall be represented by counsel at all stages 7
of the proceedings. 8
(e) If the respondent fails to appear at the hearing after 9
notice, the court may conduct the hearing in the respondent's 10
absence; provided that the respondent's counsel is present.11
(f) If the ((respondent has refused to be examined by the 12
qualified professional whose affidavit accompanied the )) petition 13
does not include a declaration from a qualified professional person 14
who has examined the respondent no more than 10 days prior to 15
submission of the petition , the court may order a ((mental)) 16
behavioral health examination of the respondent ((. The examination of 17
the respondent may be performed by the )) by a qualified professional 18
((whose affidavit accompanied the petition. If the examination is 19
performed by another qualified professional, the examining qualified 20
professional shall be authorized to consult with the qualified 21
professional whose affidavit accompanied the petition)).22
(g) If the respondent has refused to be examined by a qualified 23
professional and the court finds reasonable grounds to believe that 24
the allegations of the petition are true, the court may issue a 25
written order directing a peace officer who has completed crisis 26
intervention training to detain and transport the respondent to a 27
provider for examination by a qualified professional. A respondent 28
detained pursuant to this subsection shall be detained no longer than 29
necessary to complete the examination and in no event longer than 24 30
hours. 31
(7) If the petition involves a person whom the petitioner or 32
behavioral health administrative services organization knows, or has 33
reason to know, is an American Indian or Alaska Native who receives 34
medical or behavioral health services from a tribe within this state, 35
the petitioner or behavioral health administrative services 36
organization shall notify the tribe and Indian health care provider. 37
Notification shall be made in person or by telephonic or electronic 38
communication to the tribal contact listed in the authority's tribal 39
crisis coordination plan as soon as possible, but before the hearing 40
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and no later than 24 hours from the time the petition is served upon 1
the person and the person's guardian. The notice to the tribe or 2
Indian health care provider must include a copy of the petition, 3
together with any orders issued by the court and a notice of the 4
tribe's right to intervene. The court clerk shall provide copies of 5
any court orders necessary for the petitioner or the behavioral 6
health administrative services organization to provide notice to the 7
tribe or Indian health care provider under this section.8
(8) A petition for assisted outpatient treatment filed under this 9
section shall be adjudicated under RCW 71.05.240. 10
(9) ((After January 1, 2023, a )) A petition for assisted 11
outpatient treatment must be filed on forms developed by the 12
administrative office of the courts. 13
Sec. 4. RCW 71.05.148 and 2025 c 58 s 5145 are each amended to 14
read as follows: 15
(1) A person is in need of assisted outpatient treatment if the 16
court finds by ((clear, cogent, and convincing )) a preponderance of 17
the evidence pursuant to a petition filed under this section that:18
(a) The person has a behavioral health disorder;19
(b) Based on a clinical determination and in view of the person's 20
treatment history and current behavior, at least one of the following 21
is true: 22
(i) The person is unlikely to survive safely in the community 23
without supervision and the person's condition is substantially 24
deteriorating; or 25
(ii) The person is in need of assisted outpatient treatment in 26
order to prevent a relapse or deterioration that would be likely to 27
result in grave disability or a likelihood of serious harm to the 28
person or to others; 29
(c) The person has a history of lack of compliance with treatment 30
for his or her behavioral health disorder that has:31
(i) At least twice within the 36 months prior to the filing of 32
the petition been a significant factor in necessitating 33
hospitalization of the person, or the person's receipt of services in 34
a forensic or other mental health unit of a state or tribal 35
correctional facility or local correctional facility, provided that 36
the 36-month period shall be extended by the length of any 37
hospitalization or incarceration of the person that occurred within 38
the 36-month period; 39
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(ii) At least twice within the 36 months prior to the filing of 1
the petition been a significant factor in necessitating emergency 2
medical care or hospitalization for behavioral health-related medical 3
conditions including overdose, infected abscesses, sepsis, 4
endocarditis, or other maladies, or a significant factor in behavior 5
which resulted in the person's incarceration in a state, tribal, or 6
local correctional facility; or 7
(iii) Resulted in one or more violent acts, threats, or attempts 8
to cause serious physical harm to the person or another within the 48 9
months prior to the filing of the petition, provided that the 48-10
month period shall be extended by the length of any hospitalization 11
or incarceration of the person that occurred during the 48-month 12
period; 13
(d) Participation in an assisted outpatient treatment program 14
would be the least restrictive alternative necessary to ensure the 15
person's recovery and stability; and 16
(e) The person will benefit from assisted outpatient treatment.17
(2) The following individuals may directly file a petition for 18
less restrictive alternative treatment on the basis that a person is 19
in need of assisted outpatient treatment: 20
(a) The director of a hospital where the person is hospitalized 21
or the director's designee; 22
(b) The director of a behavioral health service provider 23
providing behavioral health care or residential services to the 24
person or the director's designee; 25
(c) The person's treating mental health professional or substance 26
use disorder professional or one who has evaluated the person;27
(d) A designated crisis responder; 28
(e) A release planner from a corrections facility; or29
(f) An emergency room physician. 30
(3) A court order for less restrictive alternative treatment on 31
the basis that the person is in need of assisted outpatient treatment 32
may be effective for up to 18 months. The petitioner must personally 33
interview the person, unless the person refuses an interview, to 34
determine whether the person will voluntarily receive appropriate 35
treatment. 36
(4) The petitioner must allege specific facts based on personal 37
observation, evaluation, or investigation, and must consider the 38
reliability or credibility of any person providing information 39
material to the petition. 40
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(5) The petition must include: 1
(a) A statement of the circumstances under which the person's 2
condition was made known and the basis for the opinion, from personal 3
observation or investigation, that the person is in need of assisted 4
outpatient treatment. The petitioner must state which specific facts 5
come from personal observation and specify what other sources of 6
information the petitioner has relied upon to form this belief;7
(b) ((A declaration from a physician, physician assistant, 8
advanced practice registered nurse, or the person's treating mental 9
health professional or substance use disorder professional, who has 10
examined the person no more than 10 days prior to the submission of 11
the petition and who is willing to testify in support of the 12
petition, or who alternatively has made appropriate attempts to 13
examine the person within the same period but has not been successful 14
in obtaining the person's cooperation, and who is willing to testify 15
to the reasons they believe that the person meets the criteria for 16
assisted outpatient treatment. If the declaration is provided by the 17
person's treating mental health professional or substance use 18
disorder professional, it must be cosigned by a supervising 19
physician, physician assistant, or advanced practice registered nurse 20
who certifies that they have reviewed the declaration;21
(c))) The declarations of ((additional)) witnesses, if any, 22
supporting the petition for assisted outpatient treatment;23
(((d))) (c) The name of an agency, provider, or facility that 24
agrees to provide less restrictive alternative treatment if the 25
petition is granted by the court; and 26
(((e))) (d) If the person is detained in a state hospital, 27
inpatient treatment facility, jail, or correctional facility at the 28
time the petition is filed, the anticipated release date of the 29
person and any other details needed to facilitate successful reentry 30
and transition into the community. 31
(6)(a) Upon receipt of a petition meeting all requirements of 32
this section, the court shall fix a date for a hearing:33
(i) No sooner than three days or later than seven days after the 34
date of service or as stipulated by the parties or, upon a showing of 35
good cause, no later than 30 days after the date of service; or36
(ii) If the respondent is hospitalized at the time of filing of 37
the petition, before discharge of the respondent and in sufficient 38
time to arrange for a continuous transition from inpatient treatment 39
to assisted outpatient treatment. 40
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(b) A copy of the petition and notice of hearing shall be served, 1
in the same manner as a summons, on the petitioner, the respondent, 2
((the qualified professional whose affidavit accompanied the 3
petition,)) a current provider, if any, and a surrogate decision 4
maker or agent under chapter 71.32 RCW, if any. 5
(c) If the respondent has a surrogate decision maker or agent 6
under chapter 71.32 RCW who wishes to provide testimony at the 7
hearing, the court shall afford the surrogate decision maker or agent 8
an opportunity to testify. 9
(d) The respondent shall be represented by counsel at all stages 10
of the proceedings. 11
(e) If the respondent fails to appear at the hearing after 12
notice, the court may conduct the hearing in the respondent's 13
absence; provided that the respondent's counsel is present.14
(f) If the ((respondent has refused to be examined by the 15
qualified professional whose affidavit accompanied the )) petition 16
does not include a declaration from a qualified professional person 17
who has examined the respondent no more than 10 days prior to 18
submission of the petition , the court may order a ((mental)) 19
behavioral health examination of the respondent ((. The examination of 20
the respondent may be performed by the )) by a qualified professional 21
((whose affidavit accompanied the petition. If the examination is 22
performed by another qualified professional, the examining qualified 23
professional shall be authorized to consult with the qualified 24
professional whose affidavit accompanied the petition)).25
(g) If the respondent has refused to be examined by a qualified 26
professional and the court finds reasonable grounds to believe that 27
the allegations of the petition are true, the court may issue a 28
written order directing a peace officer who has completed crisis 29
intervention training to detain and transport the respondent to a 30
provider for examination by a qualified professional. A respondent 31
detained pursuant to this subsection shall be detained no longer than 32
necessary to complete the examination and in no event longer than 24 33
hours. 34
(7) If the petition involves a person whom the petitioner or 35
behavioral health administrative services organization knows, or has 36
reason to know, is an American Indian or Alaska Native who receives 37
medical or behavioral health services from a tribe within this state, 38
the petitioner or behavioral health administrative services 39
organization shall notify the tribe and Indian health care provider. 40
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Notification shall be made in person or by telephonic or electronic 1
communication to the tribal contact listed in the authority's tribal 2
crisis coordination plan as soon as possible, but before the hearing 3
and no later than 24 hours from the time the petition is served upon 4
the person and the person's guardian. The notice to the tribe or 5
Indian health care provider must include a copy of the petition, 6
together with any orders issued by the court and a notice of the 7
tribe's right to intervene. The court clerk shall provide copies of 8
any court orders necessary for the petitioner or the behavioral 9
health administrative services organization to provide notice to the 10
tribe or Indian health care provider under this section.11
(8) A petition for assisted outpatient treatment filed under this 12
section shall be adjudicated under RCW 71.05.240. 13
(9) ((After January 1, 2023, a )) A petition for assisted 14
outpatient treatment must be filed on forms developed by the 15
administrative office of the courts. 16
Sec. 5. RCW 71.05.150 and 2024 c 209 s 12 are each amended to 17
read as follows: 18
(1) When a designated crisis responder receives information 19
alleging that a person, as a result of a behavioral health disorder, 20
presents a likelihood of serious harm or is gravely disabled, the 21
designated crisis responder may, after investigation and evaluation 22
of the specific facts alleged and of the reliability and credibility 23
of any person providing information to initiate detention, if 24
satisfied that the allegations are true and that the person will not 25
voluntarily seek appropriate treatment, file a petition for initial 26
detention under this section. Before filing the petition, the 27
designated crisis responder must personally interview the person, 28
unless the person refuses an interview, and determine whether the 29
person will voluntarily receive appropriate evaluation and treatment 30
at an evaluation and treatment facility, crisis stabilization unit, 31
23-hour crisis relief center, secure withdrawal management and 32
stabilization facility, or approved substance use disorder treatment 33
program. If the person has a past history of not following through 34
with voluntary evaluation and treatment plans or prematurely 35
discontinuing voluntary treatment, there is a presumption that the 36
patient will not in good faith voluntarily seek appropriate 37
treatment. If a designated crisis responder makes a determination not 38
to detain a person on the basis that the person will voluntarily seek 39
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appropriate treatment, the designated crisis responder shall document 1
the reasons the designated crisis responder determined that the 2
person in good faith will voluntarily seek appropriate evaluation and 3
treatment. As part of the assessment, the designated crisis responder 4
must attempt to ascertain if the person has executed a mental health 5
advance directive under chapter 71.32 RCW. The interview performed by 6
the designated crisis responder may be conducted by video provided 7
that a licensed health care professional or professional person who 8
can adequately and accurately assist with obtaining any necessary 9
information is present with the person at the time of the interview.10
(2)(a) A superior court judge ((may)) shall issue a warrant to 11
detain a person with a behavioral health disorder to a designated 12
evaluation and treatment facility, a secure withdrawal management and 13
stabilization facility, or an approved substance use disorder 14
treatment program, for a period of not more than 120 hours for 15
evaluation and treatment upon request of a designated crisis 16
responder whenever it appears to the satisfaction of the judge that:17
(i) There is probable cause to support the petition; and18
(ii) The person has refused or failed to accept appropriate 19
evaluation and treatment voluntarily. 20
(b) The petition for initial detention, signed under penalty of 21
perjury, or sworn telephonic testimony may be considered by the court 22
in determining whether there are sufficient grounds for issuing the 23
order. 24
(c) The order shall designate retained counsel or, if counsel is 25
appointed from a list provided by the court, the name, business 26
address, and telephone number of the attorney appointed to represent 27
the person. 28
(d) If the court does not issue an order to detain a person 29
pursuant to this subsection (2), the court shall issue an order to 30
dismiss the initial petition. 31
(e) Upon issuance of a warrant by a superior court judge, a peace 32
officer shall provide assistance in detaining a person as authorized 33
in this section. A peace officer may decline to provide assistance 34
if, in the judgment of the officer based on the totality of the 35
circumstances known at the time, the officer believes there is a 36
reasonable likelihood that the amount of force required to take the 37
person into custody could cause greater harm than the risk of harm to 38
the person and the community posed by the person's behavioral health 39
condition.40
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(3) The designated crisis responder shall then serve or cause to 1
be served on such person and his or her guardian, if any, a copy of 2
the order together with a notice of rights, and a petition for 3
initial detention. After service on such person the designated crisis 4
responder shall file the return of service in court and provide 5
copies of all papers in the court file to the evaluation and 6
treatment facility, secure withdrawal management and stabilization 7
facility, or approved substance use disorder treatment program, and 8
the designated attorney. The designated crisis responder shall notify 9
the court and the prosecuting attorney that a probable cause hearing 10
will be held within 120 hours of the date and time of outpatient 11
evaluation or admission to the evaluation and treatment facility, 12
secure withdrawal management and stabilization facility, or approved 13
substance use disorder treatment program. The person shall be 14
permitted to be accompanied by one or more of his or her relatives, 15
friends, an attorney, a personal physician, or other professional or 16
religious advisor or traditional cultural healer to the place of 17
evaluation. An attorney accompanying the person to the place of 18
evaluation shall be permitted to be present during the admission 19
evaluation. Any other individual accompanying the person may be 20
present during the admission evaluation. The facility may exclude the 21
individual if his or her presence would present a safety risk, delay 22
the proceedings, or otherwise interfere with the evaluation.23
(4) ((The)) Upon request of the designated crisis responder ((may 24
notify)), a peace officer ((to)) shall take such person or cause such 25
person to be taken into custody and placed in an evaluation and 26
treatment facility, secure withdrawal management and stabilization 27
facility, or approved substance use disorder treatment program. At 28
the time such person is taken into custody there shall commence to be 29
served on such person, his or her guardian, and conservator, if any, 30
a copy of the original order together with a notice of rights and a 31
petition for initial detention. 32
(5) In any investigation and evaluation of an individual under 33
this section or RCW 71.05.153 in which the designated crisis 34
responder knows, or has reason to know, that the individual is an 35
American Indian or Alaska Native who receives medical or behavioral 36
health services from a tribe within this state, the designated crisis 37
responder shall notify the tribe and Indian health care provider 38
whether or not a petition for initial detention or involuntary 39
outpatient treatment will be filed as soon as possible, but no later 40
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than three hours from the time the decision is made. If a petition 1
for initial detention or involuntary outpatient treatment is filed, 2
the designated crisis responder must provide the tribe and Indian 3
health care provider with a copy of the petition, together with any 4
orders issued by the court and a notice of the tribe's right to 5
intervene as soon as possible, but before the hearing, and no later 6
than 24 hours from the time the petition is served upon the person 7
and the person's guardian. The court clerk shall provide copies of 8
any court orders necessary for the designated crisis responder to 9
provide notice to the tribe or Indian health care provider under this 10
section. Notification under this section is subject to any federal 11
and state laws and regulations including the requirements in RCW 12
70.02.230 (2)(((ee))) (ff) and (3) and shall be made in person or by 13
telephonic or electronic communication to the tribal contact listed 14
in the authority's tribal crisis coordination plan.15
Sec. 6. RCW 71.05.153 and 2023 c 433 s 9 are each amended to 16
read as follows: 17
(1) When a designated crisis responder receives information 18
alleging that a person, as the result of a behavioral health 19
disorder, presents an imminent likelihood of serious harm, or is in 20
imminent danger because of being gravely disabled, after 21
investigation and evaluation of the specific facts alleged and of the 22
reliability and credibility of the person or persons providing the 23
information if any, the designated crisis responder may take such 24
person, or cause by oral or written order such person to be taken 25
into emergency custody in an emergency department, evaluation and 26
treatment facility, secure withdrawal management and stabilization 27
facility, or approved substance use disorder treatment program, for 28
not more than ((one hundred twenty )) 120 hours as described in RCW 29
71.05.180. If the person is located in a 23-hour crisis relief center 30
when a designated crisis responder takes the person into emergency 31
custody, the person may remain at the 23-hour crisis relief center or 32
an adjacent crisis stabilization facility in accordance with rules 33
promulgated by the department.34
(2) A peace officer may take or cause such person to be taken 35
into custody and immediately delivered to a crisis stabilization 36
unit, 23-hour crisis relief center, evaluation and treatment 37
facility, secure withdrawal management and stabilization facility, 38
approved substance use disorder treatment program, or the emergency 39
p. 14 SB 6296
department of a local hospital under subsection (1) of this section 1
or when he or she has reasonable cause to believe that such person is 2
suffering from a behavioral health disorder and presents an imminent 3
likelihood of serious harm or is in imminent danger because of being 4
gravely disabled. Upon request of a designated crisis responder, a 5
peace officer shall provide assistance in taking a person into 6
custody under subsection (1) of this section. A peace officer may 7
decline to provide assistance if, in the judgment of the officer 8
based on the totality of the circumstances known at the time, the 9
officer believes there is a reasonable likelihood that the amount of 10
force required to take the person into custody could cause greater 11
harm than the risk of harm to the person and the community posed by 12
the person's behavioral health condition.13
(3) Persons delivered to a crisis stabilization unit, 23-hour 14
crisis relief center, evaluation and treatment facility, emergency 15
department of a local hospital, secure withdrawal management and 16
stabilization facility, or approved substance use disorder treatment 17
program by peace officers pursuant to subsection (2) of this section 18
may be held by the facility for a period of up to ((twelve)) 12 19
hours, not counting time periods prior to medical clearance.20
(4) Within three hours after arrival at an emergency department, 21
not counting time periods prior to medical clearance, the person must 22
be examined by a mental health professional or substance use disorder 23
professional. Within ((twelve)) 12 hours of notice of the need for 24
evaluation, not counting time periods prior to medical clearance, the 25
designated crisis responder must determine whether the individual 26
meets detention criteria. In conjunction with this evaluation, the 27
facility where the patient is located must inquire as to a person's 28
veteran status or eligibility for veterans benefits and, if the 29
person appears to be potentially eligible for these benefits, inquire 30
whether the person would be amenable to treatment by the veterans 31
health administration compared to other relevant treatment options. 32
This information must be shared with the designated crisis responder. 33
If the person has been identified as being potentially eligible for 34
veterans health administration services and as being amenable for 35
those services, and if appropriate in light of all reasonably 36
available information about the person's circumstances, the 37
designated crisis responder must first refer the person to the 38
veterans health administration for mental health or substance use 39
disorder treatment at a facility capable of meeting the needs of the 40
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person including, but not limited to, the involuntary treatment 1
options available at the Seattle division of the VA Puget Sound 2
health care system. If the person is accepted for treatment by the 3
veterans health administration, and is willing to accept treatment by 4
the veterans health administration as an alternative to other 5
available treatment options, the designated crisis responder, the 6
veterans health administration, and the facility where the patient is 7
located will work to make arrangements to have the person transported 8
to a veterans health administration facility. As part of the 9
assessment, the designated crisis responder must attempt to ascertain 10
if the person has executed a mental health advance directive under 11
chapter 71.32 RCW. The interview performed by the designated crisis 12
responder may be conducted by video provided that a licensed health 13
care professional or professional person who can adequately and 14
accurately assist with obtaining any necessary information is present 15
with the person at the time of the interview. If the individual is 16
detained, the designated crisis responder shall file a petition for 17
detention or a supplemental petition as appropriate and commence 18
service on the designated attorney for the detained person. If the 19
individual is released to the community, the behavioral health 20
service provider shall inform the peace officer of the release within 21
a reasonable period of time after the release if the peace officer 22
has specifically requested notification and provided contact 23
information to the provider. 24
(5) Dismissal of a commitment petition is not the appropriate 25
remedy for a violation of the timeliness requirements of this section 26
based on the intent of this chapter under RCW 71.05.010 except in the 27
few cases where the facility staff or designated crisis responder has 28
totally disregarded the requirements of this section.29
Sec. 7. RCW 71.05.201 and 2024 c 209 s 16 are each amended to 30
read as follows: 31
(1) If a designated crisis responder decides not to detain a 32
person for evaluation and treatment under RCW 71.05.150 or 71.05.153 33
or 48 hours have elapsed since a designated crisis responder received 34
a request for investigation and the designated crisis responder has 35
not taken action to have the person detained, ((an immediate family 36
member or guardian of the person, or a tribe if the person is a 37
member of such a tribe, )) the following individuals may petition the 38
superior court for the person's initial detention : An intimate 39
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partner or family or household member of the person; a guardian or 1
conservator of the person; a representative of a federally recognized 2
Indian tribe if the person is a member of such a tribe; a 3
representative of a human services provider that has provided 4
services to the person; or any person authorized to file a petition 5
under RCW 71.05.148. 6
(2) A petition under this section must be filed within 10 7
calendar days following the designated crisis responder investigation 8
or the request for a designated crisis responder investigation. If 9
more than 10 days have elapsed, ((the immediate family member, 10
guardian, conservator, or a tribe if the person is a member of such a 11
tribe,)) a person authorized to file a petition under this section 12
may request a new designated crisis responder investigation.13
(3)(a) The petition must be filed in the county in which the 14
designated crisis responder investigation occurred or was requested 15
to occur and must be submitted on forms developed by the 16
administrative office of the courts for this purpose. The petition 17
must be accompanied by a sworn declaration from the petitioner, and 18
other witnesses if desired, describing why the person should be 19
detained for evaluation and treatment. The description of why the 20
person should be detained may contain, but is not limited to, the 21
information identified in RCW 71.05.212. 22
(b) The petition must contain: 23
(i) A description of the relationship between the petitioner and 24
the person; and 25
(ii) The date on which an investigation was requested from the 26
designated crisis responder. 27
(4) The court shall, within one judicial day, review the petition 28
to determine whether the petition raises sufficient evidence to 29
support the allegation. If the court so finds, it shall provide a 30
copy of the petition to the designated crisis responder agency with 31
an order for the agency to provide the court, within one judicial 32
day, with a written sworn statement describing the basis for the 33
decision not to seek initial detention and a copy of all information 34
material to the designated crisis responder's current decision.35
(5) Following the filing of the petition and before the court 36
reaches a decision, any person, including a mental health 37
professional, may submit a sworn declaration to the court in support 38
of or in opposition to initial detention. 39
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(6) The court shall dismiss the petition at any time if it finds 1
that a designated crisis responder has filed a petition for the 2
person's initial detention under RCW 71.05.150 or 71.05.153 or that 3
the person has voluntarily accepted appropriate treatment.4
(7) The court must issue a final ruling on the petition within 5
five judicial days after it is filed. After reviewing all of the 6
information provided to the court, the court may enter an order for 7
initial detention if the court finds that: (a) There is probable 8
cause to support a petition for detention; and (b) the person has 9
refused or failed to accept appropriate evaluation and treatment 10
voluntarily. The court shall transmit its final decision to the 11
petitioner. 12
(8) If the court enters an order for initial detention, it shall 13
provide the order to the designated crisis responder agency and issue 14
a warrant. The designated crisis responder agency serving the 15
jurisdiction of the court must collaborate and coordinate with law 16
enforcement, including tribal law enforcement, regarding 17
apprehensions and detentions under this subsection, including sharing 18
of information relating to risk and which would assist in locating 19
the person. The law enforcement agency shall provide assistance in 20
locating the person, taking the person into custody, and ensuring the 21
person is transported to a designated evaluation and treatment 22
facility, a secure withdrawal management and stabilization facility, 23
or an approved substance use disorder treatment program. A law 24
enforcement officer may decline to provide assistance if, in the 25
judgment of the officer based on the totality of the circumstances 26
known at the time, the officer believes there is a reasonable 27
likelihood that the amount of force required to take the person into 28
custody could cause greater harm than the risk of harm to the person 29
and the community posed by the person's behavioral health condition. 30
A person may not be detained to jail pursuant to a warrant issued 31
under this subsection. An order for detention under this section 32
should contain the advisement of rights which the person would 33
receive if the person were detained by a designated crisis responder. 34
An order for initial detention under this section expires 180 days 35
from issuance. 36
(9) Except as otherwise expressly stated in this chapter, all 37
procedures must be followed as if the order had been entered under 38
RCW 71.05.150. RCW 71.05.160 does not apply if detention was 39
initiated under the process set forth in this section.40
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(10) For purposes of this section ((, "immediate family member" 1
means a spouse, domestic partner, child, stepchild, parent, 2
stepparent, grandparent, or sibling)):3
(a) "Family or household member" includes: Persons related by 4
blood, marriage, domestic partnership, or adoption; persons who 5
currently reside together or formerly resided together; and persons 6
who have a biological or legal parent-child relationship, including 7
stepparents and stepchildren and grandparents and grandchildren.8
(b) "Human services provider" means an organization that provides 9
behavioral health services, case management, housing and homelessness 10
services, food or economic assistance, or other similar programs.11
(c) "Intimate partner" includes: Spouses or domestic partners; 12
former spouses or former domestic partners; persons who have a child 13
in common regardless of whether they have been married or have lived 14
together at any time, unless the child is conceived through sexual 15
assault; or persons who have or have had a dating relationship where 16
both persons are at least 18 years of age or older.17
Sec. 8. RCW 71.05.203 and 2021 c 264 s 5 are each amended to 18
read as follows: 19
(1) The authority and each behavioral health administrative 20
services organization or agency employing designated crisis 21
responders shall publish information in an easily accessible format 22
describing the process for ((an immediate family member, guardian, or 23
conservator, or a federally recognized Indian tribe if the person is 24
a member of such tribe, to )) a petition for court review of a 25
detention decision under RCW 71.05.201. 26
(2) A designated crisis responder or designated crisis responder 27
agency that receives a request for investigation for possible 28
detention under this chapter must inquire whether the request comes 29
from ((an immediate family member, guardian, or conservator, or a 30
federally recognized Indian tribe if the person is a member of such 31
tribe, who would be )) a person who is eligible to petition under RCW 32
71.05.201. If the designated crisis responder decides not to detain 33
the person for evaluation and treatment under RCW 71.05.150 or 34
71.05.153 or ((forty-eight)) 48 hours have elapsed since the request 35
for investigation was received and the designated crisis responder 36
has not taken action to have the person detained, the designated 37
crisis responder or designated crisis responder agency must inform 38
the ((immediate family member, guardian, or conservator, or a 39
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federally recognized Indian tribe if the person is a member of such 1
tribe,)) eligible petitioner who made the request for investigation 2
about the process to petition for court review under RCW 71.05.201 3
and, to the extent feasible, provide the ((immediate family member, 4
guardian, or conservator, or a federally recognized Indian tribe if 5
the person is a member of such tribe, )) eligible petitioner with 6
written or electronic information about the petition process. 7
Information provided to a federally recognized Indian tribe shall be 8
sent to the tribal contact listed in the authority's tribal crisis 9
coordination plan. If provision of written or electronic information 10
is not feasible, the designated crisis responder or designated crisis 11
responder agency must refer the ((immediate family member, guardian, 12
or conservator, or a federally recognized Indian tribe if the person 13
is a member of such tribe, )) eligible petitioner to a website where 14
published information on the petition process may be accessed. The 15
designated crisis responder or designated crisis responder agency 16
must document the manner and date on which the information required 17
under this subsection was provided ((to the immediate family member, 18
guardian, or conservator, or a federally recognized Indian tribe if 19
the person is a member of such tribe)). 20
(3) A designated crisis responder or designated crisis responder 21
agency must, upon request, disclose the date of a designated crisis 22
responder investigation under this chapter to an ((immediate family 23
member, guardian, or conservator, or a federally recognized Indian 24
tribe if the person is a member of such tribe, of a person )) eligible 25
petitioner to assist in the preparation of a petition under RCW 26
71.05.201. 27
Sec. 9. RCW 71.05.240 and 2022 c 210 s 13 are each amended to 28
read as follows: 29
(1) If a petition is filed for up to 14 days of involuntary 30
treatment, 90 days of less restrictive alternative treatment, or 18 31
months of less restrictive alternative treatment under RCW 71.05.148, 32
the court shall hold a probable cause hearing within 120 hours of the 33
initial detention under RCW 71.05.180, or at a time scheduled under 34
RCW 71.05.148. 35
(2) If the petition is for mental health treatment, the court or 36
the prosecutor at the time of the probable cause hearing and before 37
an order of commitment is entered shall inform the person both orally 38
and in writing that the failure to make a good faith effort to seek 39
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voluntary treatment as provided in RCW 71.05.230 will result in the 1
loss of his or her firearm rights if the person is subsequently 2
detained for involuntary treatment under this section. The respondent 3
or the respondent's counsel may waive in writing the notice required 4
under this subsection if the respondent waives the respondent's 5
presence at or before the time of the probable cause hearing.6
(3) If the person or his or her attorney alleges, prior to the 7
commencement of the hearing, that the person has in good faith 8
volunteered for treatment, the petitioner must show, by preponderance 9
of the evidence, that the person has not in good faith volunteered 10
for appropriate treatment. In order to qualify as a good faith 11
volunteer, the person must abide by procedures and a treatment plan 12
as prescribed by a treatment facility and professional staff.13
(4)(a) At the conclusion of the probable cause hearing, if the 14
court finds by a preponderance of the evidence that a person detained 15
for behavioral health treatment, as the result of a behavioral health 16
disorder, presents a likelihood of serious harm, or is gravely 17
disabled, and, after considering less restrictive alternatives to 18
involuntary detention and treatment, finds that no such alternatives 19
are in the best interests of such person or others, the court shall 20
order that such person be detained for involuntary treatment not to 21
exceed ((fourteen)) 14 days in a facility licensed or certified to 22
provide treatment by the department or under RCW 71.05.745.23
(b) At the conclusion of the probable cause hearing, if the court 24
finds by a preponderance of the evidence that a person detained for 25
behavioral health treatment, as the result of a behavioral health 26
disorder, presents a likelihood of serious harm or is gravely 27
disabled, but that treatment in a less restrictive setting than 28
detention is in the best interest of such person or others, the court 29
shall order an appropriate less restrictive alternative course of 30
treatment for up to ((ninety)) 90 days. 31
(c) If the court finds by a preponderance of the evidence that a 32
person subject to a petition under RCW 71.05.148, as the result of a 33
behavioral health disorder, is in need of assisted outpatient 34
treatment, the court shall order an appropriate less restrictive 35
alternative course of treatment for up to 18 months.36
(5) An order for less restrictive alternative treatment must name 37
the behavioral health service provider responsible for identifying 38
the services the person will receive in accordance with RCW 39
71.05.585, and must include a requirement that the person cooperate 40
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with the treatment recommendations of the behavioral health service 1
provider. 2
(6) The court shall notify the person orally and in writing that 3
if involuntary treatment is sought beyond the 14-day inpatient or 90-4
day less restrictive treatment period, such person has the right to a 5
full hearing or jury trial under RCW 71.05.310. If the commitment is 6
for mental health treatment, the court shall also notify the person 7
orally and in writing that the person is barred from the possession 8
of firearms and that the prohibition remains in effect until a court 9
restores his or her right to possess a firearm under RCW 9.41.047.10
(7) If the court does not issue an order to detain or commit a 11
person under this section, the court shall issue an order to dismiss 12
the petition. If the court dismisses the petition for a person who 13
was detained on the grounds that the person presents a likelihood of 14
serious harm, the court shall enter an order requiring the person to 15
immediately surrender any firearms in the person's possession, 16
custody, or control and any concealed pistol license issued under RCW 17
9.41.070. Proof of compliance must be provided to the court in the 18
form of a proof of surrender and receipt form, a declaration that the 19
person has no firearms, or other evidence sufficient to establish 20
full and timely compliance. Proof of compliance must be submitted to 21
the court within 24 hours of the person's release from detention 22
following dismissal of the petition. The court shall set a compliance 23
review hearing under section 13 of this act as soon as possible but 24
not later than five days after the dismissal of the petition.25
(8) Nothing in this section precludes the court from subsequently 26
modifying the terms of an order for less restrictive alternative 27
treatment under RCW 71.05.590(3). 28
Sec. 10. RCW 9.41.049 and 2024 c 290 s 2 and 2024 c 289 s 2 are 29
each reenacted and amended to read as follows: 30
(1) When a designated crisis responder files a petition for 31
initial detention under RCW 71.05.150 or 71.05.153 on the grounds 32
that the person presents a likelihood of serious harm, the petition 33
shall include a copy of the person's driver's license or identicard 34
or comparable information such as their name, address, and date of 35
birth. If the person is not subsequently committed for involuntary 36
treatment under RCW 71.05.240, the court shall forward within three 37
business days of the probable cause hearing a copy of the person's 38
driver's license or identicard, or comparable information, along with 39
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the date of release from the facility, to the department of 1
licensing, the criminal division of the county prosecutor in the 2
county in which the petition was filed, and the Washington state 3
patrol ((firearms background check program, which shall )). The 4
Washington state patrol shall enter the information into the 5
Washington state crime information center or other secure database 6
readily accessible to law enforcement officers noting the person is 7
prohibited from possessing a firearm for a period of six months. The 8
Washington state patrol shall also forward the information to the 9
national instant criminal background check system index, denied 10
persons file, created by the federal Brady handgun violence 11
prevention act (P.L. 103-159). Upon expiration of the six-month 12
period during which the person's right to possess a firearm is 13
suspended as provided in RCW 71.05.182, the Washington state patrol 14
firearms background check program must remove the person from the 15
national instant criminal background check system and update the 16
Washington state crime information center or other secure database 17
readily accessible to law enforcement officers. 18
(2) Upon receipt of the information provided for by subsection 19
(1) of this section, the department of licensing shall determine if 20
the detained person has a concealed pistol license. If the person 21
does have a concealed pistol license, the department of licensing 22
shall immediately notify the license-issuing authority, which, upon 23
receipt of such notification, shall immediately suspend the license 24
for a period of six months from the date of the person's release from 25
the facility. 26
(3) A person who is prohibited from possessing a firearm by 27
reason of having been detained under RCW 71.05.150 or 71.05.153 may, 28
upon discharge, petition the superior court to have his or her right 29
to possess a firearm restored before the six-month suspension period 30
has elapsed by following the procedures provided in RCW 9.41.047(3).31
Sec. 11. RCW 71.05.245 and 2022 c 210 s 14 are each amended to 32
read as follows: 33
(1) In making a determination of whether a person is gravely 34
disabled, presents a likelihood of serious harm, or is in need of 35
assisted outpatient treatment in a hearing conducted under RCW 36
71.05.240 or 71.05.320, the court must consider the symptoms and 37
behavior of the respondent in light of all available evidence 38
concerning the respondent's historical behavior. 39
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(2) Symptoms or behavior which standing alone would not justify 1
civil commitment may support a finding of grave disability or 2
likelihood of serious harm, or a finding that the person is in need 3
of assisted outpatient treatment, when: (a) Such symptoms or behavior 4
are closely associated with symptoms or behavior which preceded and 5
led to a past incident of involuntary hospitalization, severe 6
deterioration, or one or more violent acts; (b) these symptoms or 7
behavior represent a marked and concerning change in the baseline 8
behavior of the respondent; and (c) without treatment, the continued 9
deterioration of the respondent is probable. 10
(3)(a) In making a determination of whether there is a likelihood 11
of serious harm in a hearing conducted under RCW 71.05.240 or 12
71.05.320, the court shall give great weight to any evidence before 13
the court regarding whether the person has: (((a))) (i) A recent 14
history of one or more violent acts; or (((b))) (ii) a recent history 15
of one or more commitments under this chapter or its equivalent 16
provisions under the laws of another state which were based on a 17
likelihood of serious harm. The existence of prior violent acts or 18
commitments under this chapter or its equivalent shall not be the 19
sole basis for determining whether a person presents a likelihood of 20
serious harm. 21
(b) For the purposes of this subsection "recent" refers to the 22
period of time not exceeding three years prior to the current 23
hearing. 24
(4) Before making a determination under subsection (2) or (3) of 25
this section, the court shall consult the judicial information system 26
or any related databases, if available, to determine the respondent's 27
criminal history, prior civil commitments under this chapter, and the 28
respondent's firearms history, including purchase history and any 29
concealed pistol license history.30
NEW SECTION. Sec. 12. A new section is added to chapter 71.05 31
RCW to read as follows: 32
Before release, conditional release, or discharge of a person 33
involuntarily committed for treatment of a mental disorder, the 34
professional person in charge of the facility providing involuntary 35
treatment services shall notify the court of the person's release, 36
conditional release, or discharge at the earliest possible date but 37
no later than five days prior to the person's release, conditional 38
release, or discharge. The professional person in charge of the 39
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facility shall also provide the person being released, conditionally 1
released, or discharged with a notice informing the person that the 2
person is required pursuant to the court order issued under section 3
13 of this act to surrender all firearms in the person's possession, 4
custody, or control, and any concealed pistol license, to a law 5
enforcement agency and provide proof of compliance with the order to 6
surrender firearms to the clerk of the court as required under 7
section 13 of this act. 8
NEW SECTION. Sec. 13. A new section is added to chapter 71.05 9
RCW to read as follows: 10
(1) When a court enters an order for involuntary commitment for 11
treatment of a mental disorder under RCW 71.05.240 or 71.05.320, the 12
court shall enter an order requiring the person to surrender all 13
firearms in the person's possession, custody, or control, and any 14
concealed pistol license issued under RCW 9.41.070, to a law 15
enforcement agency. 16
(2) To prove compliance with the court's order to surrender 17
firearms, the person subject to the order shall file with the clerk 18
of the court: (a) A completed proof of surrender and receipt form; 19
(b) a declaration that the person has no firearms; or (c) other 20
evidence sufficient to establish full and timely compliance with the 21
order. 22
(3) If the person subject to the order to surrender firearms is 23
committed to inpatient treatment, proof of compliance must be 24
provided to the court within 24 hours of the person's release, 25
conditional release, or discharge from inpatient detention. If the 26
person subject to the order to surrender firearms is committed to 27
less restrictive alternative treatment, proof of compliance must be 28
provided to the court within 24 hours of the person's release from 29
detention to less restrictive alternative treatment.30
(4) Courts shall develop procedures to verify timely and complete 31
compliance with orders to surrender firearms, including compliance 32
review hearings to be held as soon as possible and not later than 33
five days following the person's release or conditional release from 34
inpatient treatment or following release of the person to less 35
restrictive alternative treatment. 36
(5)(a) A compliance review hearing may be waived by the court or 37
held at a later date if the information attested to by the person 38
subject to the order, along with verification from law enforcement 39
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and any other relevant evidence, makes a sufficient showing that the 1
person has surrendered all firearms in the person's possession, 2
custody, or control, and any concealed pistol license, to a law 3
enforcement agency, and the court is able to make a finding of 4
compliance. In making its findings regarding compliance, the court 5
should consider any available department of licensing and Washington 6
state patrol firearm records, any affidavits from law enforcement in 7
response to a respondent's declaration regarding firearm surrender, 8
or other relevant evidence regarding firearms or a concealed pistol 9
license in the person's possession, custody, or control.10
(b) If the court does not have a sufficient record before it on 11
which to make such a finding of compliance, the court shall set a 12
review hearing to occur as soon as possible and not later than five 13
days following the person's release, conditional release, or 14
discharge from inpatient treatment or release to less restrictive 15
alternative treatment. The clerk of the court shall electronically 16
transmit a copy of the notice of hearing to the law enforcement 17
agency where the person subject to the order resides for personal 18
service or service in the manner provided in the civil rules of 19
superior court or applicable statute. 20
(c) The person subject to the order must be present at the 21
hearing and provide proof of compliance with the court's order to 22
surrender firearms. 23
(6)(a) If a court finds at the compliance review hearing, or any 24
other hearing where compliance with the order to surrender firearms 25
is addressed, that there is probable cause to believe the respondent 26
was aware of and failed to fully comply with the order, failed to 27
appear at the compliance review hearing, or violated the order after 28
the court entered findings of compliance, pursuant to its authority 29
under chapter 7.21 RCW, the court may issue an arrest warrant and 30
initiate a contempt proceeding to impose remedial sanctions on its 31
own motion, or upon the motion of the prosecuting attorney, and issue 32
an order requiring the respondent to appear, provide proof of 33
compliance with the order, and show cause why the respondent should 34
not be held in contempt of court. 35
(b) If the respondent is not present in court at the compliance 36
review hearing or if the court issues an order to appear and show 37
cause after a compliance review hearing, the clerk of the court shall 38
electronically transmit a copy of the order to show cause to the law 39
enforcement agency where the respondent resides for personal service 40
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or service in the manner provided in the civil rules of superior 1
court or applicable statute. 2
(c) The order to show cause served upon the respondent shall 3
state the date, time, and location of the hearing and shall include a 4
warning that the respondent may be held in contempt of court if the 5
respondent fails to promptly comply with the terms of the order to 6
surrender firearms and a warning that an arrest warrant could be 7
issued if the respondent fails to appear on the date and time 8
provided in the order. 9
(d)(i) At the show cause hearing, the respondent must be present 10
and provide proof of compliance with the underlying court order to 11
surrender firearms and demonstrate why the relief requested should 12
not be granted. 13
(ii) The court shall take judicial notice of the receipt filed 14
with the court by the law enforcement agency pursuant to subsection 15
(8) of this section. The court shall also provide sufficient notice 16
to the law enforcement agency of the hearing. Upon receiving notice 17
pursuant to this subsection, a law enforcement agency shall:18
(A) Provide the court with a complete list of firearms 19
surrendered by the respondent or otherwise belonging to the 20
respondent that are in the possession of the law enforcement agency; 21
and 22
(B) Provide the court with verification that any concealed pistol 23
license issued to the respondent has been surrendered and an agency 24
with authority to revoke the license has been notified.25
(iii) If the law enforcement agency has a reasonable suspicion 26
that the respondent is not in full compliance with the terms of the 27
order, the law enforcement agency shall submit the basis for its 28
belief to the court, and may do so through the filing of a 29
declaration. 30
(e) If the court finds the respondent in contempt, the court may 31
impose remedial sanctions designed to ensure swift compliance with 32
the order to surrender firearms. 33
(7) To help ensure that accurate and comprehensive information 34
about firearms compliance is provided to judicial officers, a 35
representative from the prosecuting attorney's office from the 36
relevant jurisdiction may appear and be heard or submit written 37
information at any hearing that concerns compliance with an order to 38
surrender firearms. The prosecuting attorney's office from the 39
relevant jurisdiction may designate an advocate or a staff person 40
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from their office who is not an attorney to appear on behalf of their 1
office. Such appearance does not constitute the unauthorized practice 2
of law. 3
(8)(a) Surrender of firearms to local law enforcement must occur 4
in a safe manner. At the time of surrender, a law enforcement officer 5
taking possession of firearms and any concealed pistol license shall 6
issue a receipt identifying all firearms and any concealed pistol 7
license that have been surrendered and provide a copy of the receipt 8
to the respondent. The law enforcement agency shall file the original 9
receipt with the court and retain a copy of the receipt, 10
electronically whenever electronic filing is available.11
(b) All law enforcement agencies shall have policies and 12
procedures to provide for the acceptance, storage, and return of 13
firearms and concealed pistol licenses that a court requires be 14
surrendered under this section. A law enforcement agency holding any 15
firearm or concealed pistol license that has been surrendered shall 16
comply with the provisions of RCW 9.41.340 and 9.41.345 before the 17
return of the firearm or concealed pistol license to the owner or 18
individual from whom it was obtained. 19
(9) A person who voluntarily surrenders firearms, provides 20
testimony relating to the surrender of firearms, or complies with a 21
court's order to surrender firearms is entitled to the statutory 22
immunity against prosecution and substantive and procedural rights 23
provided under RCW 9.41.801(9). 24
(10) The administrative office of the courts shall create a 25
pattern form to assist the courts in ensuring timely and complete 26
compliance with orders to surrender firearms issued under this 27
chapter and shall develop and distribute any new or updated forms 28
necessary to implement this section. 29
Sec. 14. RCW 71.05.260 and 1997 c 112 s 20 are each amended to 30
read as follows: 31
(1) Involuntary intensive treatment ordered at the time of the 32
probable cause hearing shall be for no more than ((fourteen)) 14 33
days, and shall terminate sooner when, in the opinion of the 34
professional person in charge of the facility or his or her 35
professional designee, (a) the person no longer constitutes a 36
likelihood of serious harm, or (b) no longer is gravely disabled, or 37
(c) is prepared to accept voluntary treatment upon referral, or (d) 38
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is to remain in the facility providing intensive treatment on a 1
voluntary basis. 2
(2) A person who has been detained for ((fourteen)) 14 days of 3
intensive treatment shall be released at the end of the ((fourteen)) 4
14 days unless one of the following applies: (a) Such person agrees 5
to receive further treatment on a voluntary basis; or (b) such person 6
is a patient to whom RCW 71.05.280 is applicable. 7
(3) Before release of a person involuntarily committed for 8
treatment of a mental disorder, the professional person in charge of 9
the facility shall provide the notifications required under section 10
12 of this act.11
Sec. 15. RCW 71.05.325 and 2018 c 201 s 3014 are each amended to 12
read as follows: 13
(1) Before a person committed under grounds set forth in RCW 14
71.05.280(((3))) following dismissal of criminal charges under RCW 15
10.77.645(7) is released because a new petition for involuntary 16
treatment has not been filed under RCW 71.05.320(4), the 17
superintendent, professional person, or designated crisis responder 18
responsible for the decision whether to file a new petition shall in 19
writing notify the prosecuting attorney of the county in which the 20
criminal charges against the committed person were dismissed, of the 21
decision not to file a new petition for involuntary treatment. Notice 22
shall be provided at least ((forty-five)) 45 days before the period 23
of commitment expires. 24
(2)(a) Before a person committed under grounds set forth in RCW 25
71.05.280(((3))) following dismissal of criminal charges under RCW 26
10.77.645(7) is permitted temporarily to leave a treatment facility 27
pursuant to RCW 71.05.270 for any period of time without constant 28
accompaniment by facility staff, the superintendent, professional 29
person in charge of a treatment facility, or his or her professional 30
designee shall in writing notify the prosecuting attorney of any 31
county of the person's destination and the prosecuting attorney of 32
the county in which the criminal charges against the committed person 33
were dismissed. The notice shall be provided at least ((forty-five)) 34
45 days before the anticipated leave and shall describe the 35
conditions under which the leave is to occur. 36
(b) The provisions of RCW 71.05.330(2) apply to proposed leaves, 37
and either or both prosecuting attorneys receiving notice under this 38
subsection may petition the court under RCW 71.05.330(2).39
p. 29 SB 6296
(3) Nothing in this section shall be construed to authorize 1
detention of a person unless a valid order of commitment is in 2
effect. 3
(4) The existence of the notice requirements in this section will 4
not require any extension of the leave date in the event the leave 5
plan changes after notification. 6
(5) The notice requirements contained in this section shall not 7
apply to emergency medical transfers. 8
(6) The notice provisions of this section are in addition to 9
those provided in RCW 71.05.425. 10
Sec. 16. RCW 71.05.330 and 2018 c 201 s 3015 are each amended to 11
read as follows: 12
(1) Nothing in this chapter shall prohibit the superintendent or 13
professional person in charge of the hospital or facility in which 14
the person is being involuntarily treated from releasing him or her 15
prior to the expiration of the commitment period when, in the opinion 16
of the superintendent or professional person in charge, the person 17
being involuntarily treated no longer presents a likelihood of 18
serious harm. 19
Whenever the superintendent or professional person in charge of a 20
hospital or facility providing involuntary treatment pursuant to this 21
chapter releases a person prior to the expiration of the period of 22
commitment, the superintendent or professional person in charge shall 23
in writing notify the court which committed the person for treatment. 24
Before release of a person involuntarily committed for treatment of a 25
mental disorder, the professional person in charge of the facility 26
shall provide the notifications required under section 12 of this 27
act.28
(2) Before a person committed under grounds set forth in RCW 29
71.05.280(((3))) or 71.05.320(4)(((c))) following dismissal of 30
criminal charges under RCW 10.77.645(7) is released under this 31
section, the superintendent or professional person in charge shall in 32
writing notify the prosecuting attorney of the county in which the 33
criminal charges against the committed person were dismissed, of the 34
release date. Notice shall be provided at least ((thirty)) 30 days 35
before the release date. Within ((twenty)) 20 days after receiving 36
notice, the prosecuting attorney may petition the court in the county 37
in which the person is being involuntarily treated for a hearing to 38
determine whether the person is to be released. The prosecuting 39
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attorney shall provide a copy of the petition to the superintendent 1
or professional person in charge of the hospital or facility 2
providing involuntary treatment, the attorney, if any, and the 3
guardian or conservator of the committed person. The court shall 4
conduct a hearing on the petition within ((ten)) 10 days of filing 5
the petition. The committed person shall have the same rights with 6
respect to notice, hearing, and counsel as for an involuntary 7
treatment proceeding, except as set forth in this subsection and 8
except that there shall be no right to jury trial. The issue to be 9
determined at the hearing is whether or not the person may be 10
released without substantial danger to other persons, or substantial 11
likelihood of committing criminal acts jeopardizing public safety or 12
security. If the court disapproves of the release, it may do so only 13
on the basis of substantial evidence. Pursuant to the determination 14
of the court upon the hearing, the committed person shall be released 15
or shall be returned for involuntary treatment subject to release at 16
the end of the period for which he or she was committed, or otherwise 17
in accordance with the provisions of this chapter.18
Sec. 17. RCW 71.05.335 and 2018 c 201 s 3016 are each amended to 19
read as follows: 20
In any proceeding under this chapter to modify a commitment order 21
of a person committed to inpatient treatment under grounds set forth 22
in RCW 71.05.280(((3))) or 71.05.320(4)(((c))) following dismissal of 23
criminal charges under RCW 10.77.645(7) in which the requested relief 24
includes treatment less restrictive than detention, the prosecuting 25
attorney shall be entitled to intervene. The party initiating the 26
motion to modify the commitment order shall serve the prosecuting 27
attorney of the county in which the criminal charges against the 28
committed person were dismissed with written notice and copies of the 29
initiating papers. 30
Sec. 18. RCW 71.05.340 and 2021 c 264 s 12 are each amended to 31
read as follows: 32
(1)(a) When, in the opinion of the superintendent or the 33
professional person in charge of the hospital or facility providing 34
involuntary treatment, the committed person can be appropriately 35
served by outpatient treatment prior to or at the expiration of the 36
period of commitment, then such outpatient care may be required as a 37
term of conditional release for a period which, when combined with 38
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the number of days the person has spent in inpatient treatment, shall 1
not exceed 90 days if the underlying commitment was for a period of 2
14 or 90 days, or 180 days if the underlying commitment was for a 3
period of 180 days. If the facility or agency designated to provide 4
outpatient treatment is other than the facility providing involuntary 5
treatment, the outpatient facility so designated must agree in 6
writing to assume such responsibility. A copy of the terms of 7
conditional release shall be given to the patient, the designated 8
crisis responder in the county in which the patient is to receive 9
outpatient treatment, and to the court of original commitment.10
(b) Before conditional release of a person involuntarily 11
committed for treatment of a mental disorder, the professional person 12
in charge of the facility shall provide the notifications required 13
under section 12 of this act.14
(c) Before a person committed under grounds set forth in RCW 15
71.05.280(((3))) or 71.05.320(4)(((c))) following dismissal of 16
criminal charges under RCW 10.77.645(7) is conditionally released 17
under (a) of this subsection, the superintendent or professional 18
person in charge of the hospital or facility providing involuntary 19
treatment shall in writing notify the prosecuting attorney of the 20
county in which the criminal charges against the committed person 21
were dismissed, of the decision to conditionally release the person. 22
Notice and a copy of the terms of conditional release shall be 23
provided at least ((thirty)) 30 days before the person is released 24
from inpatient care. Within ((twenty)) 20 days after receiving 25
notice, the prosecuting attorney may petition the court in the county 26
that issued the commitment order to hold a hearing to determine 27
whether the person may be conditionally released and the terms of the 28
conditional release. The prosecuting attorney shall provide a copy of 29
the petition to the superintendent or professional person in charge 30
of the hospital or facility providing involuntary treatment, the 31
attorney, if any, and guardian or conservator of the committed 32
person, and the court of original commitment. If the county in which 33
the committed person is to receive outpatient treatment is the same 34
county in which the criminal charges against the committed person 35
were dismissed, then the court shall, upon the motion of the 36
prosecuting attorney, transfer the proceeding to the court in that 37
county. The court shall conduct a hearing on the petition within 38
((ten)) 10 days of the filing of the petition. The committed person 39
shall have the same rights with respect to notice, hearing, and 40
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counsel as for an involuntary treatment proceeding, except as set 1
forth in this subsection and except that there shall be no right to 2
jury trial. The issue to be determined at the hearing is whether or 3
not the person may be conditionally released without substantial 4
danger to other persons, or substantial likelihood of committing 5
criminal acts jeopardizing public safety or security. If the court 6
disapproves of the conditional release, it may do so only on the 7
basis of substantial evidence. Pursuant to the determination of the 8
court upon the hearing, the conditional release of the person shall 9
be approved by the court on the same or modified conditions or the 10
person shall be returned for involuntary treatment on an inpatient 11
basis subject to release at the end of the period for which he or she 12
was committed, or otherwise in accordance with the provisions of this 13
chapter. 14
(2) The facility or agency designated to provide outpatient care 15
or the secretary of the department of social and health services may 16
modify the conditions for continued release when such modification is 17
in the best interest of the person. Notification of such changes 18
shall be sent to all persons receiving a copy of the original 19
conditions. Enforcement or revocation proceedings related to a 20
conditional release may occur as provided under RCW 71.05.590.21
Sec. 19. RCW 71.05.425 and 2023 c 453 s 25 are each amended to 22
read as follows: 23
(1)(a) Except as provided in subsection (2) of this section, at 24
the earliest possible date, and in no event later than ((thirty)) 30 25
days before conditional release, final release, authorized leave 26
under RCW 71.05.325(2), or transfer to a facility other than a state 27
mental hospital, the superintendent shall send written notice of 28
conditional release, release, authorized leave, or transfer of a 29
person committed under RCW 71.05.280(((3))) or 71.05.320(4)(((c))) 30
following dismissal of a sex, violent, or felony harassment offense 31
pursuant to RCW 10.77.645(7) to the following: 32
(i) The chief of police of the city, if any, in which the person 33
will reside; 34
(ii) The sheriff of the county in which the person will reside; 35
and 36
(iii) The prosecuting attorney of the county in which the 37
criminal charges against the committed person were dismissed.38
p. 33 SB 6296
(b) The same notice as required by (a) of this subsection shall 1
be sent to the following, if such notice has been requested in 2
writing about a specific person committed under RCW 71.05.280(((3))) 3
or 71.05.320(4)(((c))) following dismissal of a sex, violent, or 4
felony harassment offense pursuant to RCW 10.77.645(7):5
(i) The victim of the sex, violent, or felony harassment offense 6
that was dismissed pursuant to RCW 10.77.645(7) preceding commitment 7
under RCW 71.05.280(((3))) or 71.05.320(4)(((c))) or the victim's 8
next of kin if the crime was a homicide; 9
(ii) Any witnesses who testified against the person in any court 10
proceedings; 11
(iii) Any person specified in writing by the prosecuting 12
attorney. Information regarding victims, next of kin, or witnesses 13
requesting the notice, information regarding any other person 14
specified in writing by the prosecuting attorney to receive the 15
notice, and the notice are confidential and shall not be available to 16
the person committed under this chapter; and 17
(iv) The chief of police of the city, if any, and the sheriff of 18
the county, if any, which had jurisdiction of the person on the date 19
of the applicable offense. 20
(c) The ((thirty)) 30-day notice requirements contained in this 21
subsection shall not apply to emergency medical transfers.22
(d) The existence of the notice requirements in this subsection 23
will not require any extension of the release date in the event the 24
release plan changes after notification. 25
(2) If a person committed under RCW 71.05.280(((3))) or 26
71.05.320(4)(((c))) following dismissal of a sex, violent, or felony 27
harassment offense pursuant to RCW 10.77.645(7) escapes, the 28
superintendent shall immediately notify, by the most reasonable and 29
expedient means available, the chief of police of the city and the 30
sheriff of the county in which the person escaped and in which the 31
person resided immediately before the person's arrest and the 32
prosecuting attorney of the county in which the criminal charges 33
against the committed person were dismissed. If previously requested, 34
the superintendent shall also notify the witnesses and the victim of 35
the sex, violent, or felony harassment offense that was dismissed 36
pursuant to RCW 10.77.645(7) preceding commitment under RCW 37
71.05.280(((3))) or 71.05.320(4) or the victim's next of kin if the 38
crime was a homicide. In addition, the secretary shall also notify 39
appropriate parties pursuant to RCW 70.02.230(2)(((o))) (p). If the 40
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person is recaptured, the superintendent shall send notice to the 1
persons designated in this subsection as soon as possible but in no 2
event later than two working days after the department of social and 3
health services learns of such recapture. 4
(3) If the victim, the victim's next of kin, or any witness is 5
under the age of ((sixteen)) 16, the notice required by this section 6
shall be sent to the parent or legal guardian of the child.7
(4) The superintendent shall send the notices required by this 8
chapter to the last address provided to the department of social and 9
health services by the requesting party. The requesting party shall 10
furnish the department of social and health services with a current 11
address. 12
(5) For purposes of this section the following terms have the 13
following meanings: 14
(a) "Violent offense" means a violent offense under RCW 15
9.94A.030; 16
(b) "Sex offense" means a sex offense under RCW 9.94A.030;17
(c) "Next of kin" means a person's spouse, state registered 18
domestic partner, parents, siblings, and children;19
(d) "Felony harassment offense" means a crime of harassment as 20
defined in RCW 9A.46.060 that is a felony. 21
Sec. 20. RCW 71.05.585 and 2024 c 62 s 22 are each amended to 22
read as follows: 23
(1) Less restrictive alternative treatment, at a minimum, 24
includes the following services: 25
(a) Assignment of a care coordinator; 26
(b) An intake evaluation with the provider of the less 27
restrictive alternative treatment; 28
(c) A psychiatric evaluation, a substance use disorder 29
evaluation, or both; 30
(d) A schedule of regular contacts with the provider of the 31
treatment services for the duration of the order; 32
(e) A transition plan addressing access to continued services at 33
the expiration of the order; 34
(f) An individual crisis plan; 35
(g) Consultation about the formation of a mental health advance 36
directive under chapter 71.32 RCW; and 37
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(h) Notification to the care coordinator assigned in (a) of this 1
subsection if reasonable efforts to engage the client fail to produce 2
substantial compliance with court-ordered treatment conditions.3
(2) Less restrictive alternative treatment may additionally 4
include requirements to participate in the following services:5
(a) Medication management; 6
(b) Psychotherapy; 7
(c) Nursing; 8
(d) Substance use disorder counseling; 9
(e) Residential treatment; 10
(f) Partial hospitalization; 11
(g) Intensive outpatient treatment; 12
(h) Substance use monitoring through urinalysis, an alcohol 13
detection breathalyzer device, a transdermal sensor device, or other 14
technology designed to detect drugs or alcohol in a person's system;15
(i) Support for housing, benefits, education, and employment; and16
(((i))) (j) Periodic court review. 17
(3) If the person was provided with involuntary medication under 18
RCW 71.05.215 or pursuant to a judicial order during the involuntary 19
commitment period, the less restrictive alternative treatment order 20
may authorize the less restrictive alternative treatment provider or 21
its designee to administer involuntary antipsychotic medication to 22
the person if the provider has attempted and failed to obtain the 23
informed consent of the person and there is a concurring medical 24
opinion approving the medication by a psychiatrist, physician 25
assistant working with a psychiatrist who is acting as a 26
participating physician as defined in RCW 18.71A.010, psychiatric 27
advanced registered nurse practitioner, or physician or physician 28
assistant in consultation with an independent mental health 29
professional with prescribing authority. 30
(4) Less restrictive alternative treatment must be administered 31
by a provider that is certified or licensed to provide or coordinate 32
the full scope of services required under the less restrictive 33
alternative order and that has agreed to assume this responsibility.34
(5) The care coordinator assigned to a person ordered to less 35
restrictive alternative treatment must submit an individualized plan 36
for the person's treatment services to the court that entered the 37
order. An initial plan must be submitted as soon as possible 38
following the intake evaluation and a revised plan must be submitted 39
p. 36 SB 6296
upon any subsequent modification in which a type of service is 1
removed from or added to the treatment plan. 2
(6) A care coordinator may disclose information and records 3
related to mental health services pursuant to RCW 70.02.230(2)(((k))) 4
(l) for purposes of implementing less restrictive alternative 5
treatment. 6
(7) For the purpose of this section, "care coordinator" means a 7
clinical practitioner who coordinates the activities of less 8
restrictive alternative treatment. The care coordinator coordinates 9
activities with the designated crisis responders that are necessary 10
for enforcement and continuation of less restrictive alternative 11
orders and is responsible for coordinating service activities with 12
other agencies and establishing and maintaining a therapeutic 13
relationship with the individual on a continuing basis.14
Sec. 21. RCW 71.05.585 and 2025 c 58 s 5153 are each amended to 15
read as follows: 16
(1) Less restrictive alternative treatment, at a minimum, 17
includes the following services: 18
(a) Assignment of a care coordinator; 19
(b) An intake evaluation with the provider of the less 20
restrictive alternative treatment; 21
(c) A psychiatric evaluation, a substance use disorder 22
evaluation, or both; 23
(d) A schedule of regular contacts with the provider of the 24
treatment services for the duration of the order; 25
(e) A transition plan addressing access to continued services at 26
the expiration of the order; 27
(f) An individual crisis plan; 28
(g) Consultation about the formation of a mental health advance 29
directive under chapter 71.32 RCW; and 30
(h) Notification to the care coordinator assigned in (a) of this 31
subsection if reasonable efforts to engage the client fail to produce 32
substantial compliance with court-ordered treatment conditions.33
(2) Less restrictive alternative treatment may additionally 34
include requirements to participate in the following services:35
(a) Medication management; 36
(b) Psychotherapy; 37
(c) Nursing; 38
(d) Substance use disorder counseling; 39
p. 37 SB 6296
(e) Residential treatment; 1
(f) Partial hospitalization; 2
(g) Intensive outpatient treatment; 3
(h) Substance use monitoring through urinalysis, an alcohol 4
detection breathalyzer device, a transdermal sensor device, or other 5
technology designed to detect drugs or alcohol in a person's system;6
(i) Support for housing, benefits, education, and employment; and7
(((i))) (j) Periodic court review. 8
(3) If the person was provided with involuntary medication under 9
RCW 71.05.215 or pursuant to a judicial order during the involuntary 10
commitment period, the less restrictive alternative treatment order 11
may authorize the less restrictive alternative treatment provider or 12
its designee to administer involuntary antipsychotic medication to 13
the person if the provider has attempted and failed to obtain the 14
informed consent of the person and there is a concurring medical 15
opinion approving the medication by a psychiatrist, physician 16
assistant working with a psychiatrist who is acting as a 17
participating physician as defined in RCW 18.71A.010, psychiatric 18
advanced practice registered nurse, or physician or physician 19
assistant in consultation with an independent mental health 20
professional with prescribing authority. 21
(4) Less restrictive alternative treatment must be administered 22
by a provider that is certified or licensed to provide or coordinate 23
the full scope of services required under the less restrictive 24
alternative order and that has agreed to assume this responsibility.25
(5) The care coordinator assigned to a person ordered to less 26
restrictive alternative treatment must submit an individualized plan 27
for the person's treatment services to the court that entered the 28
order. An initial plan must be submitted as soon as possible 29
following the intake evaluation and a revised plan must be submitted 30
upon any subsequent modification in which a type of service is 31
removed from or added to the treatment plan. 32
(6) A care coordinator may disclose information and records 33
related to mental health services pursuant to RCW 70.02.230(2)(((k))) 34
(l) for purposes of implementing less restrictive alternative 35
treatment. 36
(7) For the purpose of this section, "care coordinator" means a 37
clinical practitioner who coordinates the activities of less 38
restrictive alternative treatment. The care coordinator coordinates 39
activities with the designated crisis responders that are necessary 40
p. 38 SB 6296
for enforcement and continuation of less restrictive alternative 1
orders and is responsible for coordinating service activities with 2
other agencies and establishing and maintaining a therapeutic 3
relationship with the individual on a continuing basis.4
Sec. 22. RCW 71.05.590 and 2024 c 209 s 24 are each amended to 5
read as follows: 6
(1) ((Either an)) An agency or facility designated to monitor or 7
provide less restrictive alternative treatment services under a 8
((less restrictive alternative )) court order or conditional release, 9
or a designated crisis responder, may take action to enforce, modify, 10
or revoke ((a)) the less restrictive alternative treatment order or 11
conditional release ((order. The )) if the agency, facility, or 12
designated crisis responder ((must determine)) determines that:13
(a) The person is failing to adhere to the terms and conditions 14
of the order; 15
(b) Substantial deterioration in the person's functioning has 16
occurred; 17
(c) There is evidence of substantial decompensation with a 18
reasonable probability that the decompensation can be reversed by 19
further evaluation, intervention, or treatment; or20
(d) The person poses a likelihood of serious harm.21
(2) Actions taken under this section must include a flexible 22
range of responses of varying levels of intensity appropriate to the 23
circumstances and consistent with the interests of the individual and 24
the public in personal autonomy, safety, recovery, and compliance. 25
Available actions may include, but are not limited to, any of the 26
following: 27
(a) To counsel or advise the person as to their rights and 28
responsibilities under the court order, and to offer incentives to 29
motivate compliance; 30
(b) To increase the intensity of outpatient services provided to 31
the person by increasing the frequency of contacts with the provider, 32
referring the person for an assessment for assertive community 33
services, or by other means; 34
(c) To request a court hearing for review and modification of the 35
court order. The request must be directed to the court with 36
jurisdiction over the order and specify the circumstances that give 37
rise to the request and what modification is being sought. The county 38
prosecutor shall assist the entity requesting the hearing and issue 39
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an appropriate summons to the person. This subsection does not limit 1
the inherent authority of a treatment provider to alter conditions of 2
treatment for clinical reasons, and is intended to be used only when 3
court intervention is necessary or advisable to secure the person's 4
compliance and prevent decompensation or deterioration;5
(d) To detain the person for up to 12 hours for evaluation at an 6
agency, facility providing services under the court order, crisis 7
stabilization unit, 23-hour crisis relief center, emergency 8
department, evaluation and treatment facility, secure withdrawal 9
management and stabilization facility, or an approved substance use 10
disorder treatment program. The purpose of the evaluation is to 11
determine whether modification, revocation, or commitment proceedings 12
are necessary and appropriate to stabilize the person and prevent 13
decompensation, deterioration, or physical harm. Temporary detention 14
for evaluation under this subsection is intended to occur only 15
following a pattern of noncompliance or the failure of reasonable 16
attempts at outreach and engagement, and may occur only when, based 17
on clinical judgment, temporary detention is appropriate. The agency, 18
facility, or designated crisis responder may request assistance from 19
a peace officer for the purposes of temporary detention under this 20
subsection (2)(d). This subsection does not limit the ability or 21
obligation of the agency, facility, or designated crisis responder to 22
pursue revocation procedures under subsection (5) of this section in 23
appropriate circumstances; and 24
(e) To initiate revocation procedures under subsection (5) of 25
this section. 26
(3) A court may supervise a person on an order for less 27
restrictive alternative treatment or a conditional release. While the 28
person is under the order, the court may: 29
(a) Require appearance in court for periodic reviews; and30
(b) Modify the order after considering input from the agency or 31
facility designated to provide or facilitate services. The court may 32
not remand the person into inpatient treatment except as provided 33
under subsection (5) of this section, but may take actions under 34
subsection (2)(a) through (d) of this section. 35
(4) The facility or agency designated to provide outpatient 36
treatment shall notify the secretary of the department of social and 37
health services or designated crisis responder when a person fails to 38
adhere to terms and conditions of court ordered treatment or 39
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experiences substantial deterioration in his or her condition and, as 1
a result, presents an increased likelihood of serious harm.2
(5)(a) A designated crisis responder or the secretary of the 3
department of social and health services may, upon their own motion 4
or upon request of the facility or agency designated to provide 5
outpatient care, cause a person to be detained in an evaluation and 6
treatment facility, secure withdrawal management and stabilization 7
facility, or approved substance use disorder treatment program in or 8
near the county in which he or she is receiving outpatient treatment 9
for the purpose of a hearing for revocation of a less restrictive 10
alternative treatment order or conditional release order under this 11
chapter. If the person is located in a 23-hour crisis relief center 12
when a designated crisis responder detains the person for revocation 13
of a less restrictive alternative treatment order or conditional 14
release order under this chapter, the person may remain at the 23-15
hour crisis relief center or adjacent crisis stabilization facility 16
in accordance with rules promulgated by the department. The 17
designated crisis responder or secretary of the department of social 18
and health services shall file a petition for revocation within 24 19
hours and serve the person, their guardian, if any, and their 20
attorney. A hearing for revocation of a less restrictive alternative 21
treatment order or conditional release order may be scheduled without 22
detention of the person. 23
(b) A person detained under this subsection (5) must be held 24
until such time, not exceeding five days, as a hearing can be 25
scheduled to determine whether or not the order for less restrictive 26
alternative treatment or conditional release should be revoked, 27
modified, or retained. If the person is not detained, the hearing 28
must be scheduled within five days of service on the person. The 29
designated crisis responder or the secretary of the department of 30
social and health services may withdraw its petition for revocation 31
at any time before the court hearing. 32
(c) A person detained under this subsection (5) has the same 33
rights with respect to notice, hearing, and counsel as in any 34
involuntary treatment proceeding, except as specifically set forth in 35
this section. There is no right to jury trial. The venue for 36
proceedings is the county where the petition is filed. Notice of the 37
filing must be provided to the court that originally ordered 38
commitment, if different from the court where the petition for 39
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revocation is filed, within two judicial days of the person's 1
detention. 2
(d) The issues for the court to determine are whether: (i) The 3
person adhered to the terms and conditions of the order or 4
conditional release ; (ii) substantial deterioration in the person's 5
functioning has occurred; (iii) there is evidence of substantial 6
decompensation with a reasonable probability that the decompensation 7
can be reversed by further inpatient treatment; or (iv) there is a 8
likelihood of serious harm; and, if any of the above conditions 9
apply, whether it is appropriate for the court to reinstate or modify 10
the person's less restrictive alternative treatment order or 11
conditional release ((order)) or order the person's detention for 12
inpatient treatment. The person may waive the court hearing and allow 13
the court to enter a stipulated order upon the agreement of all 14
parties. If the court orders detention for inpatient treatment, the 15
treatment period must be for 14 days from the revocation hearing if 16
the less restrictive alternative treatment order or conditional 17
release ((order)) was based on a petition under RCW 71.05.148, 18
71.05.160, or 71.05.230. The person must return to less restrictive 19
alternative treatment under the order at the end of the 14-day period 20
unless a petition for further treatment is filed under RCW 71.05.320. 21
If the court orders detention for inpatient treatment and the less 22
restrictive alternative treatment order or conditional release order 23
was based on a petition under RCW 71.05.290 or 71.05.320, the number 24
of days remaining on the order must be converted to days of inpatient 25
treatment. 26
(6) In determining whether or not to take action under this 27
section the designated crisis responder, agency, or facility must 28
consider the factors specified under RCW 71.05.212 and the court must 29
consider the factors specified under RCW 71.05.245 as they apply to 30
the question of whether to enforce, modify, or revoke a court order 31
for involuntary treatment. 32
(7) Upon request of an agency, facility, or designated crisis 33
responder, a peace officer shall provide assistance in detaining a 34
person as authorized under this section. A peace officer may decline 35
to provide assistance if, in the judgment of the officer based on the 36
totality of the circumstances known at the time, the officer believes 37
there is a reasonable likelihood that the amount of force required to 38
take the person into custody could cause greater harm than the risk 39
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of harm to the person and the community posed by the person's 1
behavioral health condition. 2
(8) Prior to taking any action to enforce, modify, or revoke a 3
less restrictive alternative treatment order or conditional release 4
order in which the agency, facility, or designated crisis responder 5
knows, or has reason to know, that the individual is an American 6
Indian or Alaska Native who receives medical or behavioral health 7
services from a tribe within this state, the agency, facility, or 8
designated crisis responder shall notify the tribe and Indian health 9
care provider regarding any action that will be taken under this 10
section as soon as possible, but no later than three hours from the 11
time the decision to take action is made. The agency, facility, or 12
designated crisis responder must provide the tribe and Indian health 13
care provider with a copy of the petition, together with any orders 14
issued by the court and a notice of the tribe's right to intervene as 15
soon as possible, but before any hearing under this section, and no 16
later than 24 hours from the time the petition is served upon the 17
person and the person's guardian. The court clerk shall provide 18
copies of any court orders necessary for the agency, facility, or 19
designated crisis responder to provide notice to the tribe or Indian 20
health care provider under this section. Notification under this 21
section is subject to any federal and state laws and regulations 22
including the requirements in RCW 70.02.230 (2)(((ee))) (ff) and (3) 23
and shall be made in person or by telephonic or electronic 24
communication to the tribal contact listed in the authority's tribal 25
crisis coordination plan. 26
NEW SECTION. Sec. 23. A new section is added to chapter 71.05 27
RCW to read as follows: 28
A warrant for the detention of a person issued by a court under 29
the provisions of this chapter constitutes authority of law for a 30
peace officer to enter the person's residence for the sole purpose of 31
effectuating the detention and transportation of the person to an 32
evaluation and treatment facility, a secure withdrawal management and 33
stabilization facility, or an approved substance use disorder 34
treatment program. 35
Sec. 24. RCW 71.05.620 and 2024 c 209 s 25 are each amended to 36
read as follows: 37
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(1) The files and records of court proceedings under this chapter 1
and chapter 71.34 RCW shall be closed but shall be accessible to:2
(a) The department; 3
(b) The department of social and health services;4
(c) The authority; 5
(d) The state hospitals as defined in RCW 72.23.010;6
(e) Any person who is the subject of a petition;7
(f) The attorney or guardian of the person; 8
(g) Resource management services for that person;9
(h) Service providers authorized to receive such information by 10
resource management services; 11
(i) The Washington state patrol firearms background division to 12
conduct background checks for processing and purchasing firearms, 13
concealed pistol licenses, alien firearms licenses, firearm rights 14
restoration petitions under chapter 9.41 RCW, and release of firearms 15
from evidence, including appeals of denial; 16
(j) The prosecuting attorney of a county or tribe located in this 17
state; ((and))18
(k) The tribe or Indian health care provider who has the right to 19
intervene or receive notice and copies of any orders issued by a 20
court in any court proceeding under this chapter and chapter 71.34 21
RCW; and22
(l) The office of public defense when designated under RCW 23
71.05.110 or 10.73.150 to provide counsel for the person.24
(2) The authority shall adopt rules to implement this section.25
NEW SECTION. Sec. 25. A new section is added to chapter 71.05 26
RCW to read as follows: 27
(1) An ambulance service licensed under chapter 18.73 RCW may 28
transport a patient detained or committed for evaluation or treatment 29
under the provisions of this chapter pursuant to a judicial warrant 30
or a custody order or pickup order authorized by a designated crisis 31
responder or peace officer under this chapter. 32
(2) An ambulance service licensed under chapter 18.73 RCW may not 33
use restraints while transporting a patient detained or committed for 34
evaluation or treatment under the provisions of this chapter unless 35
the patient is combative or is interfering with the provision of 36
medical care, there is reasonable cause to believe the patient will 37
elope, or there is reasonable cause to believe that restraints are 38
necessary for the safety of the patient or staff. If an ambulance 39
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service determines that use of restraints while transporting a 1
patient is necessary, the ambulance service shall use the least 2
restrictive form of restraint possible under the circumstances in 3
order to maintain safety of the patient and staff. 4
Sec. 26. RCW 71.34.020 and 2025 c 226 s 6 are each amended to 5
read as follows: 6
Unless the context clearly requires otherwise, the definitions in 7
this section apply throughout this chapter. 8
(1) "23-hour crisis relief center" has the same meaning as 9
provided in RCW 71.24.025. 10
(2) "Admission" or "admit" means a decision by a physician, 11
physician assistant, or psychiatric advanced registered nurse 12
practitioner that a minor should be examined or treated as a patient 13
in a hospital. 14
(3) "Adolescent" means a minor ((thirteen)) 13 years of age or 15
older. 16
(4) "Alcoholism" means a disease, characterized by a dependency 17
on alcoholic beverages, loss of control over the amount and 18
circumstances of use, symptoms of tolerance, physiological or 19
psychological withdrawal, or both, if use is reduced or discontinued, 20
and impairment of health or disruption of social or economic 21
functioning. 22
(5) "Antipsychotic medications" means that class of drugs 23
primarily used to treat serious manifestations of mental illness 24
associated with thought disorders, which includes, but is not limited 25
to, atypical antipsychotic medications. 26
(6) "Approved substance use disorder treatment program" means a 27
program for minors with substance use disorders provided by a 28
treatment program licensed or certified by the department of health 29
as meeting standards adopted under chapter 71.24 RCW.30
(7) "Attending staff" means any person on the staff of a public 31
or private agency having responsibility for the care and treatment of 32
a minor patient. 33
(8) "Authority" means the Washington state health care authority.34
(9) "Behavioral health administrative services organization" has 35
the same meaning as provided in RCW 71.24.025. 36
(10) "Behavioral health disorder" means either a mental disorder 37
as defined in this section, a substance use disorder as defined in 38
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this section, or a co-occurring mental disorder and substance use 1
disorder. 2
(11) "Child psychiatrist" means a person having a license as a 3
physician and surgeon in this state, who has had graduate training in 4
child psychiatry in a program approved by the American Medical 5
Association or the American Osteopathic Association, and who is board 6
eligible or board certified in child psychiatry. 7
(12) "Children's mental health specialist" means:8
(a) A mental health professional who has completed a minimum of 9
((one hundred )) 100 actual hours, not quarter or semester hours, of 10
specialized training devoted to the study of child development and 11
the treatment of children; and 12
(b) A mental health professional who has the equivalent of one 13
year of full-time experience in the treatment of children under the 14
supervision of a children's mental health specialist.15
(13) "Commitment" means a determination by a judge or court 16
commissioner, made after a commitment hearing, that the minor is in 17
need of inpatient diagnosis, evaluation, or treatment or that the 18
minor is in need of less restrictive alternative treatment.19
(14) "Conditional release" means a revocable modification of a 20
commitment, which may be revoked upon violation of any of its terms.21
(15) "Co-occurring disorder specialist" means an individual 22
possessing an enhancement granted by the department of health under 23
chapter 18.205 RCW that certifies the individual to provide substance 24
use disorder counseling subject to the practice limitations under RCW 25
18.205.105. 26
(16) "Crisis stabilization unit" means a short-term facility or a 27
portion of a facility licensed or certified by the department of 28
health under RCW 71.24.035, such as a residential treatment facility 29
or a hospital, which has been designed to assess, diagnose, and treat 30
individuals experiencing an acute crisis without the use of long-term 31
hospitalization, or to determine the need for involuntary commitment 32
of an individual. 33
(17) "Custody" means involuntary detention under the provisions 34
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 35
unconditional release from commitment from a facility providing 36
involuntary care and treatment. 37
(18) "Department" means the department of social and health 38
services. 39
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(19) "Designated crisis responder" has the same meaning as 1
provided in RCW 71.05.020. 2
(20) "Detention" or "detain" means the lawful confinement of a 3
person, under the provisions of this chapter. 4
(21) "Developmental disabilities professional" means a person who 5
has specialized training and three years of experience in directly 6
treating or working with persons with developmental disabilities and 7
is a psychiatrist, physician assistant working with a supervising 8
psychiatrist, psychologist, psychiatric advanced registered nurse 9
practitioner, or social worker, and such other developmental 10
disabilities professionals as may be defined by rules adopted by the 11
secretary of the department. 12
(22) "Developmental disability" has the same meaning as defined 13
in RCW 71A.10.020. 14
(23) "Director" means the director of the authority.15
(24) "Discharge" means the termination of hospital medical 16
authority. The commitment may remain in place, be terminated, or be 17
amended by court order. 18
(25) "Evaluation and treatment facility" means a public or 19
private facility or unit that is licensed or certified by the 20
department of health to provide emergency, inpatient, residential, or 21
outpatient mental health evaluation and treatment services for 22
minors. A physically separate and separately operated portion of a 23
state hospital may be designated as an evaluation and treatment 24
facility for minors. A facility which is part of or operated by the 25
state or federal agency does not require licensure or certification. 26
No correctional institution or facility, juvenile court detention 27
facility, or jail may be an evaluation and treatment facility within 28
the meaning of this chapter. 29
(26) "Evaluation and treatment program" means the total system of 30
services and facilities coordinated and approved by a county or 31
combination of counties for the evaluation and treatment of minors 32
under this chapter. 33
(27) "Gravely disabled minor" means a minor who, as a result of a 34
behavioral health disorder, (a) is in danger of serious physical harm 35
resulting from a failure to provide for his or her essential human 36
needs of health or safety, or (b) manifests severe deterioration in 37
routine functioning evidenced by repeated and escalating loss of 38
cognitive or volitional control over his or her actions and is not 39
receiving such care as is essential for his or her health or safety.40
p. 47 SB 6296
(28) "Habilitative services" means those services provided by 1
program personnel to assist minors in acquiring and maintaining life 2
skills and in raising their levels of physical, behavioral, social, 3
and vocational functioning. Habilitative services include education, 4
training for employment, and therapy. 5
(29) "Hearing" means any proceeding conducted in open court that 6
conforms to the requirements of RCW 71.34.910. 7
(30) "History of one or more violent acts" refers to the period 8
of time five years prior to the filing of a petition under this 9
chapter, excluding any time spent, but not any violent acts 10
committed, in a mental health facility, a long-term substance use 11
disorder treatment facility, or in confinement as a result of a 12
criminal conviction. 13
(31) "Individualized service plan" means a plan prepared by a 14
developmental disabilities professional with other professionals as a 15
team, for a person with developmental disabilities, which states:16
(a) The nature of the person's specific problems, prior charged 17
criminal behavior, and habilitation needs; 18
(b) The conditions and strategies necessary to achieve the 19
purposes of habilitation; 20
(c) The intermediate and long-range goals of the habilitation 21
program, with a projected timetable for the attainment;22
(d) The rationale for using this plan of habilitation to achieve 23
those intermediate and long-range goals; 24
(e) The staff responsible for carrying out the plan;25
(f) Where relevant in light of past criminal behavior and due 26
consideration for public safety, the criteria for proposed movement 27
to less-restrictive settings, criteria for proposed eventual 28
discharge or release, and a projected possible date for discharge or 29
release; and 30
(g) The type of residence immediately anticipated for the person 31
and possible future types of residences. 32
(32)(a) "Inpatient treatment" means ((twenty-four)) 24-hour-per-33
day mental health care provided within a general hospital, 34
psychiatric hospital, residential treatment facility licensed or 35
certified by the department of health as an evaluation and treatment 36
facility for minors, secure withdrawal management and stabilization 37
facility for minors, or approved substance use disorder treatment 38
program for minors. 39
p. 48 SB 6296
(b) For purposes of family-initiated treatment under RCW 1
71.34.600 through 71.34.670, "inpatient treatment" has the meaning 2
included in (a) of this subsection and any other residential 3
treatment facility licensed under chapter 71.12 RCW.4
(33) "Intoxicated minor" means a minor whose mental or physical 5
functioning is substantially impaired as a result of the use of 6
alcohol or other psychoactive chemicals. 7
(34) "Judicial commitment" means a commitment by a court pursuant 8
to the provisions of this chapter. 9
(35) "Kinship caregiver" has the same meaning as in RCW 10
74.13.031. 11
(36) "Legal counsel" means attorneys and staff employed by county 12
prosecutor offices or the state attorney general acting in their 13
capacity as legal representatives of public behavioral health service 14
providers under RCW 71.05.130. 15
(37) "Less restrictive alternative" or "less restrictive setting" 16
means outpatient treatment provided to a minor as a program of 17
individualized treatment in a less restrictive setting than inpatient 18
treatment ((that)). "Less restrictive alternative" or "less 19
restrictive setting" includes the services described in RCW 20
71.34.755, including residential treatment and treatment pursuant to 21
an assisted outpatient treatment order under RCW 71.34.815.22
(38) "Licensed physician" means a person licensed to practice 23
medicine or osteopathic medicine and surgery in the state of 24
Washington. 25
(39) "Likelihood of serious harm" means: 26
(a) A substantial risk that: (i) Physical harm will be inflicted 27
by a minor upon his or her own person, as evidenced by threats or 28
attempts to commit suicide or inflict physical harm on oneself; (ii) 29
physical harm will be inflicted by a minor upon another individual, 30
as evidenced by behavior which has caused such harm or which places 31
another person or persons in reasonable fear of sustaining such harm; 32
or (iii) physical harm will be inflicted by a minor upon the property 33
of others, as evidenced by behavior which has caused substantial loss 34
or damage to the property of others; or 35
(b) The minor has threatened the physical safety of another and 36
has a history of one or more violent acts. 37
(40) "Managed care organization" has the same meaning as provided 38
in RCW 71.24.025. 39
p. 49 SB 6296
(41) "Medical clearance" means a physician or other health care 1
provider, including an Indian health care provider, has determined 2
that a person is medically stable and ready for referral to the 3
designated crisis responder or facility. For a person presenting in 4
the community, no medical clearance is required prior to 5
investigation by a designated crisis responder. 6
(42) "Medical necessity" for inpatient care means a requested 7
service which is reasonably calculated to: (a) Diagnose, correct, 8
cure, or alleviate a mental disorder or substance use disorder; or 9
(b) prevent the progression of a mental disorder or substance use 10
disorder that endangers life or causes suffering and pain, or results 11
in illness or infirmity or threatens to cause or aggravate a 12
disability, or causes physical deformity or malfunction, and there is 13
no adequate less restrictive alternative available.14
(43) "Mental disorder" means any organic, mental, or emotional 15
impairment that has substantial adverse effects on an individual's 16
cognitive or volitional functions. The presence of alcohol abuse, 17
drug abuse, juvenile criminal history, antisocial behavior, or 18
intellectual disabilities alone is insufficient to justify a finding 19
of "mental disorder" within the meaning of this section.20
(44) "Mental health professional" has the same meaning as 21
provided in RCW 71.05.020. 22
(45) "Minor" means any person under the age of ((eighteen)) 18 23
years. 24
(46) "Outpatient treatment" means any of the nonresidential 25
services mandated under chapter 71.24 RCW and provided by licensed or 26
certified behavioral health agencies as identified by RCW 71.24.025.27
(47)(a) "Parent" has the same meaning as defined in RCW 28
26.26A.010, including either parent if custody is shared under a 29
joint custody agreement, or a person or agency judicially appointed 30
as legal guardian or custodian of the child. 31
(b) For purposes of family-initiated treatment under RCW 32
71.34.600 through 71.34.670, "parent" also includes a person to whom 33
a parent defined in (a) of this subsection has given a signed 34
authorization to make health care decisions for the adolescent, a 35
stepparent who is involved in caring for the adolescent, a kinship 36
caregiver who is involved in caring for the adolescent, or another 37
relative who is responsible for the health care of the adolescent, 38
who may be required to provide a declaration under penalty of perjury 39
stating that he or she is a relative responsible for the health care 40
p. 50 SB 6296
of the adolescent pursuant to chapter 5.50 RCW. If a dispute arises 1
between individuals authorized to act as a parent for the purpose of 2
RCW 71.34.600 through 71.34.670, the disagreement must be resolved 3
according to the priority established under RCW 7.70.065(2)(a).4
(48) "Peace officer" means a law enforcement official of a public 5
agency or governmental unit, and includes persons specifically given 6
peace officer powers by any state law, local ordinance, or judicial 7
order of appointment. 8
(49) "Physician assistant" means a person licensed as a physician 9
assistant under chapter 18.71A RCW. 10
(50) "Private agency" means any person, partnership, corporation, 11
or association that is not a public agency, whether or not financed 12
in whole or in part by public funds, that constitutes an evaluation 13
and treatment facility or private institution, or hospital, or 14
approved substance use disorder treatment program, that is conducted 15
for, or includes a distinct unit, floor, or ward conducted for, the 16
care and treatment of persons with mental illness, substance use 17
disorders, or both mental illness and substance use disorders.18
(51) "Professional person in charge" or "professional person" 19
means a physician, other mental health professional, or other person 20
empowered by an evaluation and treatment facility, secure withdrawal 21
management and stabilization facility, or approved substance use 22
disorder treatment program with authority to make admission and 23
discharge decisions on behalf of that facility. 24
(52) "Psychiatric nurse" means a registered nurse who has 25
experience in the direct treatment of persons who have a mental 26
illness or who are emotionally disturbed, such experience gained 27
under the supervision of a mental health professional.28
(53) "Psychiatrist" means a person having a license as a 29
physician in this state who has completed residency training in 30
psychiatry in a program approved by the American Medical Association 31
or the American Osteopathic Association, and is board eligible or 32
board certified in psychiatry. 33
(54) "Psychologist" means a person licensed as a psychologist 34
under chapter 18.83 RCW. 35
(55) "Public agency" means any evaluation and treatment facility 36
or institution, or hospital, or approved substance use disorder 37
treatment program that is conducted for, or includes a distinct unit, 38
floor, or ward conducted for, the care and treatment of persons with 39
mental illness, substance use disorders, or both mental illness and 40
p. 51 SB 6296
substance use disorders if the agency is operated directly by 1
federal, state, county, or municipal government, or a combination of 2
such governments. 3
(56) "Release" means legal termination of the commitment under 4
the provisions of this chapter. 5
(57) "Resource management services" has the meaning given in 6
chapter 71.24 RCW. 7
(58) "Responsible other" means the minor, the minor's parent or 8
estate, or any other person legally responsible for support of the 9
minor. 10
(59) "Secretary" means the secretary of the department or 11
secretary's designee. 12
(60) "Secure withdrawal management and stabilization facility" 13
means a facility operated by either a public or private agency or by 14
the program of an agency which provides care to voluntary individuals 15
and individuals involuntarily detained and committed under this 16
chapter for whom there is a likelihood of serious harm or who are 17
gravely disabled due to the presence of a substance use disorder. 18
Secure withdrawal management and stabilization facilities must:19
(a) Provide the following services: 20
(i) Assessment and treatment, provided by certified substance use 21
disorder professionals or co-occurring disorder specialists;22
(ii) Clinical stabilization services; 23
(iii) Acute or subacute detoxification services for intoxicated 24
individuals; and 25
(iv) Discharge assistance provided by certified substance use 26
disorder professionals or co-occurring disorder specialists, 27
including facilitating transitions to appropriate voluntary or 28
involuntary inpatient services or to less restrictive alternatives as 29
appropriate for the individual; 30
(b) Include security measures sufficient to protect the patients, 31
staff, and community; and 32
(c) Be licensed or certified as such by the department of health.33
(61) "Social worker" means a person with a master's or further 34
advanced degree from a social work educational program accredited and 35
approved as provided in RCW 18.320.010. 36
(62) "Start of initial detention" means the time of arrival of 37
the minor at the first evaluation and treatment facility, secure 38
withdrawal management and stabilization facility, or approved 39
substance use disorder treatment program offering inpatient treatment 40
p. 52 SB 6296
if the minor is being involuntarily detained at the time. With regard 1
to voluntary patients, "start of initial detention" means the time at 2
which the minor gives notice of intent to leave under the provisions 3
of this chapter. 4
(63) "State hospital" means a hospital designated under RCW 5
72.23.020. 6
(64) "Store and forward technology" means use of an asynchronous 7
transmission of a person's medical information from a mental health 8
service provider to the designated crisis responder which results in 9
medical diagnosis, consultation, or treatment. 10
(65) "Substance use disorder" means a cluster of cognitive, 11
behavioral, and physiological symptoms indicating that an individual 12
continues using the substance despite significant substance-related 13
problems. The diagnosis of a substance use disorder is based on a 14
pathological pattern of behaviors related to the use of the 15
substances. 16
(66) "Substance use disorder professional" means a person 17
certified as a substance use disorder professional by the department 18
of health under chapter 18.205 RCW. 19
(67) "Therapeutic court personnel" means the staff of a mental 20
health court or other therapeutic court which has jurisdiction over 21
defendants who are dually diagnosed with mental disorders, including 22
court personnel, probation officers, a court monitor, prosecuting 23
attorney, or defense counsel acting within the scope of therapeutic 24
court duties. 25
(68) "Treatment records" include registration and all other 26
records concerning persons who are receiving or who at any time have 27
received services for mental illness, which are maintained by the 28
department, the department of health, the authority, behavioral 29
health organizations and their staffs, and by treatment facilities. 30
Treatment records include mental health information contained in a 31
medical bill including but not limited to mental health drugs, a 32
mental health diagnosis, provider name, and dates of service stemming 33
from a medical service. Treatment records do not include notes or 34
records maintained for personal use by a person providing treatment 35
services for the department, the department of health, the authority, 36
behavioral health organizations, or a treatment facility if the notes 37
or records are not available to others. 38
(69) "Tribe" has the same meaning as in RCW 71.24.025.39
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(70) "Video" means the delivery of behavioral health services 1
through the use of interactive audio and video technology, permitting 2
real-time communication between a person and a designated crisis 3
responder, for the purpose of evaluation. "Video" does not include 4
the use of audio-only telephone, facsimile, email, or store and 5
forward technology. 6
(71) "Violent act" means behavior that resulted in homicide, 7
attempted suicide, injury, or substantial loss or damage to property.8
(72) "In need of assisted outpatient treatment" refers to a minor 9
who meets the criteria for assisted outpatient treatment under RCW 10
71.34.815.11
Sec. 27. RCW 71.34.020 and 2025 c 226 s 7 are each amended to 12
read as follows: 13
Unless the context clearly requires otherwise, the definitions in 14
this section apply throughout this chapter. 15
(1) "23-hour crisis relief center" has the same meaning as 16
provided in RCW 71.24.025. 17
(2) "Admission" or "admit" means a decision by a physician, 18
physician assistant, or psychiatric advanced registered nurse 19
practitioner that a minor should be examined or treated as a patient 20
in a hospital. 21
(3) "Adolescent" means a minor ((thirteen)) 13 years of age or 22
older. 23
(4) "Alcoholism" means a disease, characterized by a dependency 24
on alcoholic beverages, loss of control over the amount and 25
circumstances of use, symptoms of tolerance, physiological or 26
psychological withdrawal, or both, if use is reduced or discontinued, 27
and impairment of health or disruption of social or economic 28
functioning. 29
(5) "Antipsychotic medications" means that class of drugs 30
primarily used to treat serious manifestations of mental illness 31
associated with thought disorders, which includes, but is not limited 32
to, atypical antipsychotic medications. 33
(6) "Approved substance use disorder treatment program" means a 34
program for minors with substance use disorders provided by a 35
treatment program licensed or certified by the department of health 36
as meeting standards adopted under chapter 71.24 RCW.37
p. 54 SB 6296
(7) "Attending staff" means any person on the staff of a public 1
or private agency having responsibility for the care and treatment of 2
a minor patient. 3
(8) "Authority" means the Washington state health care authority.4
(9) "Behavioral health administrative services organization" has 5
the same meaning as provided in RCW 71.24.025. 6
(10) "Behavioral health disorder" means either a mental disorder 7
as defined in this section, a substance use disorder as defined in 8
this section, or a co-occurring mental disorder and substance use 9
disorder. 10
(11) "Child psychiatrist" means a person having a license as a 11
physician and surgeon in this state, who has had graduate training in 12
child psychiatry in a program approved by the American Medical 13
Association or the American Osteopathic Association, and who is board 14
eligible or board certified in child psychiatry. 15
(12) "Children's mental health specialist" means:16
(a) A mental health professional who has completed a minimum of 17
((one hundred )) 100 actual hours, not quarter or semester hours, of 18
specialized training devoted to the study of child development and 19
the treatment of children; and 20
(b) A mental health professional who has the equivalent of one 21
year of full-time experience in the treatment of children under the 22
supervision of a children's mental health specialist.23
(13) "Commitment" means a determination by a judge or court 24
commissioner, made after a commitment hearing, that the minor is in 25
need of inpatient diagnosis, evaluation, or treatment or that the 26
minor is in need of less restrictive alternative treatment.27
(14) "Conditional release" means a revocable modification of a 28
commitment, which may be revoked upon violation of any of its terms.29
(15) "Co-occurring disorder specialist" means an individual 30
possessing an enhancement granted by the department of health under 31
chapter 18.205 RCW that certifies the individual to provide substance 32
use disorder counseling subject to the practice limitations under RCW 33
18.205.105. 34
(16) "Crisis stabilization unit" means a short-term facility or a 35
portion of a facility licensed or certified by the department of 36
health under RCW 71.24.035, such as a residential treatment facility 37
or a hospital, which has been designed to assess, diagnose, and treat 38
individuals experiencing an acute crisis without the use of long-term 39
p. 55 SB 6296
hospitalization, or to determine the need for involuntary commitment 1
of an individual. 2
(17) "Custody" means involuntary detention under the provisions 3
of this chapter or chapter 10.77 RCW, uninterrupted by any period of 4
unconditional release from commitment from a facility providing 5
involuntary care and treatment. 6
(18) "Department" means the department of social and health 7
services. 8
(19) "Designated crisis responder" has the same meaning as 9
provided in RCW 71.05.020. 10
(20) "Detention" or "detain" means the lawful confinement of a 11
person, under the provisions of this chapter. 12
(21) "Developmental disabilities professional" means a person who 13
has specialized training and three years of experience in directly 14
treating or working with persons with developmental disabilities and 15
is a psychiatrist, physician assistant working with a supervising 16
psychiatrist, psychologist, psychiatric advanced registered nurse 17
practitioner, or social worker, and such other developmental 18
disabilities professionals as may be defined by rules adopted by the 19
secretary of the department. 20
(22) "Developmental disability" has the same meaning as defined 21
in RCW 71A.10.020. 22
(23) "Director" means the director of the authority.23
(24) "Discharge" means the termination of hospital medical 24
authority. The commitment may remain in place, be terminated, or be 25
amended by court order. 26
(25) "Evaluation and treatment facility" means a public or 27
private facility or unit that is licensed or certified by the 28
department of health to provide emergency, inpatient, residential, or 29
outpatient mental health evaluation and treatment services for 30
minors. A physically separate and separately operated portion of a 31
state hospital may be designated as an evaluation and treatment 32
facility for minors. A facility which is part of or operated by the 33
state or federal agency does not require licensure or certification. 34
No correctional institution or facility, juvenile court detention 35
facility, or jail may be an evaluation and treatment facility within 36
the meaning of this chapter. 37
(26) "Evaluation and treatment program" means the total system of 38
services and facilities coordinated and approved by a county or 39
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combination of counties for the evaluation and treatment of minors 1
under this chapter. 2
(27) "Gravely disabled minor" means a minor who, as a result of a 3
behavioral health disorder, (a) is in danger of serious physical harm 4
resulting from a failure to provide for his or her essential human 5
needs of health or safety, or (b) manifests severe deterioration from 6
safe behavior evidenced by repeated and escalating loss of cognitive 7
or volitional control over his or her actions and is not receiving 8
such care as is essential for his or her health or safety.9
(28) "Habilitative services" means those services provided by 10
program personnel to assist minors in acquiring and maintaining life 11
skills and in raising their levels of physical, behavioral, social, 12
and vocational functioning. Habilitative services include education, 13
training for employment, and therapy. 14
(29) "Hearing" means any proceeding conducted in open court that 15
conforms to the requirements of RCW 71.34.910. 16
(30) "History of one or more violent acts" refers to the period 17
of time five years prior to the filing of a petition under this 18
chapter, excluding any time spent, but not any violent acts 19
committed, in a mental health facility, a long-term substance use 20
disorder treatment facility, or in confinement as a result of a 21
criminal conviction. 22
(31) "Individualized service plan" means a plan prepared by a 23
developmental disabilities professional with other professionals as a 24
team, for a person with developmental disabilities, which states:25
(a) The nature of the person's specific problems, prior charged 26
criminal behavior, and habilitation needs; 27
(b) The conditions and strategies necessary to achieve the 28
purposes of habilitation; 29
(c) The intermediate and long-range goals of the habilitation 30
program, with a projected timetable for the attainment;31
(d) The rationale for using this plan of habilitation to achieve 32
those intermediate and long-range goals; 33
(e) The staff responsible for carrying out the plan;34
(f) Where relevant in light of past criminal behavior and due 35
consideration for public safety, the criteria for proposed movement 36
to less-restrictive settings, criteria for proposed eventual 37
discharge or release, and a projected possible date for discharge or 38
release; and 39
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(g) The type of residence immediately anticipated for the person 1
and possible future types of residences. 2
(32)(a) "Inpatient treatment" means ((twenty-four)) 24-hour-per-3
day mental health care provided within a general hospital, 4
psychiatric hospital, residential treatment facility licensed or 5
certified by the department of health as an evaluation and treatment 6
facility for minors, secure withdrawal management and stabilization 7
facility for minors, or approved substance use disorder treatment 8
program for minors. 9
(b) For purposes of family-initiated treatment under RCW 10
71.34.600 through 71.34.670, "inpatient treatment" has the meaning 11
included in (a) of this subsection and any other residential 12
treatment facility licensed under chapter 71.12 RCW.13
(33) "Intoxicated minor" means a minor whose mental or physical 14
functioning is substantially impaired as a result of the use of 15
alcohol or other psychoactive chemicals. 16
(34) "Judicial commitment" means a commitment by a court pursuant 17
to the provisions of this chapter. 18
(35) "Kinship caregiver" has the same meaning as in RCW 19
74.13.031. 20
(36) "Legal counsel" means attorneys and staff employed by county 21
prosecutor offices or the state attorney general acting in their 22
capacity as legal representatives of public behavioral health service 23
providers under RCW 71.05.130. 24
(37) "Less restrictive alternative" or "less restrictive setting" 25
means outpatient treatment provided to a minor as a program of 26
individualized treatment in a less restrictive setting than inpatient 27
treatment ((that)). "Less restrictive alternative" or "less 28
restrictive setting" includes the services described in RCW 29
71.34.755, including residential treatment and treatment pursuant to 30
an assisted outpatient treatment order under RCW 71.34.815.31
(38) "Licensed physician" means a person licensed to practice 32
medicine or osteopathic medicine and surgery in the state of 33
Washington. 34
(39) "Likelihood of serious harm" means: 35
(a) A substantial risk that: (i) Physical harm will be inflicted 36
by a minor upon his or her own person, as evidenced by threats or 37
attempts to commit suicide or inflict physical harm on oneself; (ii) 38
physical harm will be inflicted by a minor upon another individual, 39
as evidenced by behavior which has caused harm, substantial pain, or 40
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which places another person or persons in reasonable fear of harm to 1
themselves or others; or (iii) physical harm will be inflicted by a 2
minor upon the property of others, as evidenced by behavior which has 3
caused substantial loss or damage to the property of others; or4
(b) The minor has threatened the physical safety of another and 5
has a history of one or more violent acts. 6
(40) "Managed care organization" has the same meaning as provided 7
in RCW 71.24.025. 8
(41) "Medical clearance" means a physician or other health care 9
provider, including an Indian health care provider, has determined 10
that a person is medically stable and ready for referral to the 11
designated crisis responder or facility. For a person presenting in 12
the community, no medical clearance is required prior to 13
investigation by a designated crisis responder. 14
(42) "Medical necessity" for inpatient care means a requested 15
service which is reasonably calculated to: (a) Diagnose, correct, 16
cure, or alleviate a mental disorder or substance use disorder; or 17
(b) prevent the progression of a mental disorder or substance use 18
disorder that endangers life or causes suffering and pain, or results 19
in illness or infirmity or threatens to cause or aggravate a 20
disability, or causes physical deformity or malfunction, and there is 21
no adequate less restrictive alternative available.22
(43) "Mental disorder" means any organic, mental, or emotional 23
impairment that has substantial adverse effects on an individual's 24
cognitive or volitional functions. The presence of alcohol abuse, 25
drug abuse, juvenile criminal history, antisocial behavior, or 26
intellectual disabilities alone is insufficient to justify a finding 27
of "mental disorder" within the meaning of this section.28
(44) "Mental health professional" has the same meaning as 29
provided in RCW 71.05.020. 30
(45) "Minor" means any person under the age of ((eighteen)) 18 31
years. 32
(46) "Outpatient treatment" means any of the nonresidential 33
services mandated under chapter 71.24 RCW and provided by licensed or 34
certified behavioral health agencies as identified by RCW 71.24.025.35
(47)(a) "Parent" has the same meaning as defined in RCW 36
26.26A.010, including either parent if custody is shared under a 37
joint custody agreement, or a person or agency judicially appointed 38
as legal guardian or custodian of the child. 39
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(b) For purposes of family-initiated treatment under RCW 1
71.34.600 through 71.34.670, "parent" also includes a person to whom 2
a parent defined in (a) of this subsection has given a signed 3
authorization to make health care decisions for the adolescent, a 4
stepparent who is involved in caring for the adolescent, a kinship 5
caregiver who is involved in caring for the adolescent, or another 6
relative who is responsible for the health care of the adolescent, 7
who may be required to provide a declaration under penalty of perjury 8
stating that he or she is a relative responsible for the health care 9
of the adolescent pursuant to chapter 5.50 RCW. If a dispute arises 10
between individuals authorized to act as a parent for the purpose of 11
RCW 71.34.600 through 71.34.670, the disagreement must be resolved 12
according to the priority established under RCW 7.70.065(2)(a).13
(48) "Peace officer" means a law enforcement official of a public 14
agency or governmental unit, and includes persons specifically given 15
peace officer powers by any state law, local ordinance, or judicial 16
order of appointment. 17
(49) "Physician assistant" means a person licensed as a physician 18
assistant under chapter 18.71A RCW. 19
(50) "Private agency" means any person, partnership, corporation, 20
or association that is not a public agency, whether or not financed 21
in whole or in part by public funds, that constitutes an evaluation 22
and treatment facility or private institution, or hospital, or 23
approved substance use disorder treatment program, that is conducted 24
for, or includes a distinct unit, floor, or ward conducted for, the 25
care and treatment of persons with mental illness, substance use 26
disorders, or both mental illness and substance use disorders.27
(51) "Professional person in charge" or "professional person" 28
means a physician, other mental health professional, or other person 29
empowered by an evaluation and treatment facility, secure withdrawal 30
management and stabilization facility, or approved substance use 31
disorder treatment program with authority to make admission and 32
discharge decisions on behalf of that facility. 33
(52) "Psychiatric nurse" means a registered nurse who has 34
experience in the direct treatment of persons who have a mental 35
illness or who are emotionally disturbed, such experience gained 36
under the supervision of a mental health professional.37
(53) "Psychiatrist" means a person having a license as a 38
physician in this state who has completed residency training in 39
psychiatry in a program approved by the American Medical Association 40
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or the American Osteopathic Association, and is board eligible or 1
board certified in psychiatry. 2
(54) "Psychologist" means a person licensed as a psychologist 3
under chapter 18.83 RCW. 4
(55) "Public agency" means any evaluation and treatment facility 5
or institution, or hospital, or approved substance use disorder 6
treatment program that is conducted for, or includes a distinct unit, 7
floor, or ward conducted for, the care and treatment of persons with 8
mental illness, substance use disorders, or both mental illness and 9
substance use disorders if the agency is operated directly by 10
federal, state, county, or municipal government, or a combination of 11
such governments. 12
(56) "Release" means legal termination of the commitment under 13
the provisions of this chapter. 14
(57) "Resource management services" has the meaning given in 15
chapter 71.24 RCW. 16
(58) "Responsible other" means the minor, the minor's parent or 17
estate, or any other person legally responsible for support of the 18
minor. 19
(59) "Secretary" means the secretary of the department or 20
secretary's designee. 21
(60) "Secure withdrawal management and stabilization facility" 22
means a facility operated by either a public or private agency or by 23
the program of an agency which provides care to voluntary individuals 24
and individuals involuntarily detained and committed under this 25
chapter for whom there is a likelihood of serious harm or who are 26
gravely disabled due to the presence of a substance use disorder. 27
Secure withdrawal management and stabilization facilities must:28
(a) Provide the following services: 29
(i) Assessment and treatment, provided by certified substance use 30
disorder professionals or co-occurring disorder specialists;31
(ii) Clinical stabilization services; 32
(iii) Acute or subacute detoxification services for intoxicated 33
individuals; and 34
(iv) Discharge assistance provided by certified substance use 35
disorder professionals or co-occurring disorder specialists, 36
including facilitating transitions to appropriate voluntary or 37
involuntary inpatient services or to less restrictive alternatives as 38
appropriate for the individual; 39
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(b) Include security measures sufficient to protect the patients, 1
staff, and community; and 2
(c) Be licensed or certified as such by the department of health.3
(61) "Severe deterioration from safe behavior" means that a 4
person will, if not treated, suffer or continue to suffer severe and 5
abnormal mental, emotional, or physical distress, and this distress 6
is associated with significant impairment of judgment, reason, or 7
behavior. 8
(62) "Social worker" means a person with a master's or further 9
advanced degree from a social work educational program accredited and 10
approved as provided in RCW 18.320.010. 11
(63) "Start of initial detention" means the time of arrival of 12
the minor at the first evaluation and treatment facility, secure 13
withdrawal management and stabilization facility, or approved 14
substance use disorder treatment program offering inpatient treatment 15
if the minor is being involuntarily detained at the time. With regard 16
to voluntary patients, "start of initial detention" means the time at 17
which the minor gives notice of intent to leave under the provisions 18
of this chapter. 19
(64) "State hospital" means a hospital designated under RCW 20
72.23.020. 21
(65) "Store and forward technology" means use of an asynchronous 22
transmission of a person's medical information from a mental health 23
service provider to the designated crisis responder which results in 24
medical diagnosis, consultation, or treatment. 25
(66) "Substance use disorder" means a cluster of cognitive, 26
behavioral, and physiological symptoms indicating that an individual 27
continues using the substance despite significant substance-related 28
problems. The diagnosis of a substance use disorder is based on a 29
pathological pattern of behaviors related to the use of the 30
substances. 31
(67) "Substance use disorder professional" means a person 32
certified as a substance use disorder professional by the department 33
of health under chapter 18.205 RCW. 34
(68) "Therapeutic court personnel" means the staff of a mental 35
health court or other therapeutic court which has jurisdiction over 36
defendants who are dually diagnosed with mental disorders, including 37
court personnel, probation officers, a court monitor, prosecuting 38
attorney, or defense counsel acting within the scope of therapeutic 39
court duties. 40
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(69) "Treatment records" include registration and all other 1
records concerning persons who are receiving or who at any time have 2
received services for mental illness, which are maintained by the 3
department, the department of health, the authority, behavioral 4
health organizations and their staffs, and by treatment facilities. 5
Treatment records include mental health information contained in a 6
medical bill including but not limited to mental health drugs, a 7
mental health diagnosis, provider name, and dates of service stemming 8
from a medical service. Treatment records do not include notes or 9
records maintained for personal use by a person providing treatment 10
services for the department, the department of health, the authority, 11
behavioral health organizations, or a treatment facility if the notes 12
or records are not available to others. 13
(70) "Tribe" has the same meaning as in RCW 71.24.025.14
(71) "Video" means the delivery of behavioral health services 15
through the use of interactive audio and video technology, permitting 16
real-time communication between a person and a designated crisis 17
responder, for the purpose of evaluation. "Video" does not include 18
the use of audio-only telephone, facsimile, email, or store and 19
forward technology. 20
(72) "Violent act" means behavior that resulted in homicide, 21
attempted suicide, injury, or substantial loss or damage to property.22
(73) "In need of assisted outpatient treatment" refers to a minor 23
who meets the criteria for assisted outpatient treatment under RCW 24
71.34.815.25
Sec. 28. RCW 71.34.700 and 2020 c 302 s 79 are each amended to 26
read as follows: 27
(1) If an adolescent is brought to an evaluation and treatment 28
facility, secure withdrawal management and stabilization facility, 29
approved substance use disorder treatment program, or hospital 30
emergency room for immediate behavioral health services, the 31
professional person in charge of the facility shall evaluate the 32
adolescent's condition, determine whether the adolescent suffers from 33
a behavioral health disorder, and whether the adolescent is in need 34
of immediate inpatient treatment. If the adolescent is located in a 35
23-hour crisis relief center for minors when a designated crisis 36
responder takes the adolescent into emergency custody, the adolescent 37
may remain at the 23-hour crisis relief center for minors or adjacent 38
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crisis stabilization facility in accordance with rules promulgated by 1
the department of health. 2
(2) If it is determined under subsection (1) of this section that 3
the adolescent suffers from a behavioral health disorder, inpatient 4
treatment is required, the adolescent is unwilling to consent to 5
voluntary admission, and the professional person believes that the 6
adolescent meets the criteria for initial detention, the facility may 7
detain or arrange for the detention of the adolescent for up to 8
((twelve)) 12 hours, not including time periods prior to medical 9
clearance, in order to enable a designated crisis responder to 10
evaluate the adolescent and commence initial detention proceedings 11
under the provisions of this chapter. 12
(3) Dismissal of a commitment petition is not the appropriate 13
remedy for a violation of the timeliness requirements of this 14
section, based on the purpose of this chapter under RCW 71.34.010, 15
except in the few cases where the facility staff or the designated 16
crisis responder have totally disregarded the requirements of this 17
section. 18
Sec. 29. RCW 71.34.710 and 2024 c 209 s 14 are each amended to 19
read as follows: 20
(1)(a) When a designated crisis responder receives information 21
that an adolescent as a result of a behavioral health disorder 22
presents a likelihood of serious harm or is gravely disabled, has 23
investigated the specific facts alleged and of the credibility of the 24
person or persons providing the information, and has determined that 25
voluntary admission for inpatient treatment is not possible, the 26
designated crisis responder may take the adolescent, or cause the 27
adolescent to be taken, into custody and transported to an evaluation 28
and treatment facility, secure withdrawal management and 29
stabilization facility, or approved substance use disorder treatment 30
program providing inpatient treatment. If the adolescent is located 31
in a 23-hour crisis relief center for minors when a designated crisis 32
responder takes the adolescent into emergency custody, the adolescent 33
may remain at the 23-hour crisis relief center for minors or adjacent 34
crisis stabilization facility in accordance with rules promulgated by 35
the department of health.36
(b)(i) If a designated crisis responder decides not to detain an 37
adolescent for evaluation and treatment under RCW 71.34.700(2), or 48 38
hours have elapsed since a designated crisis responder received a 39
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request for investigation and the designated crisis responder has not 1
taken action to have the adolescent detained, ((an immediate family 2
member or guardian or conservator of the adolescent, or a tribe if 3
the person is a member of such tribe, )) the following persons may 4
petition the superior court for the adolescent's detention using the 5
procedures under RCW 71.05.201 and 71.05.203((; however,)): A family 6
or household member of the adolescent; a guardian or conservator of 7
the adolescent; a representative of a federally recognized Indian 8
tribe if the adolescent is a member of such a tribe; a human services 9
provider that has provided services to the adolescent; and any person 10
authorized to file a petition under RCW 71.34.815. However, when the 11
court enters an order of initial detention, except as otherwise 12
expressly stated in this chapter, all procedures must be followed as 13
if the order has been entered under (a) of this subsection.14
(ii) For the purposes of this subsection (1)(b), "family or 15
household member" and "human services provider" have the same 16
meanings as defined in RCW 71.05.201.17
(c) The interview performed by the designated crisis responder 18
may be conducted by video provided that a licensed health care 19
professional or professional person who can adequately and accurately 20
assist with obtaining any necessary information is present with the 21
person at the time of the interview. 22
(2)(a) Within 12 hours of the adolescent's arrival at the 23
evaluation and treatment facility, secure withdrawal management and 24
stabilization facility, or approved substance use disorder treatment 25
program, the designated crisis responder shall serve or cause to be 26
served on the adolescent a copy of the petition for initial 27
detention, notice of initial detention, and statement of rights. The 28
designated crisis responder shall file with the court on the next 29
judicial day following the initial detention the original petition 30
for initial detention, notice of initial detention, and statement of 31
rights along with an affidavit of service. The designated crisis 32
responder shall commence service of the petition for initial 33
detention and notice of the initial detention on the adolescent's 34
parent and the adolescent's attorney as soon as possible following 35
the initial detention. 36
(b) The facility or program may serve the adolescent, notify the 37
adolescent's parents and the adolescent's attorney, and file with the 38
court on the next judicial day following the initial detention the 39
original petition for initial detention, notice of initial detention, 40
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and statement of rights along with an affidavit of service when 1
filing with the court at the request of the designated crisis 2
responder. 3
(3)(a) At the time of initial detention, the designated crisis 4
responder shall advise the adolescent both orally and in writing that 5
if admitted to the evaluation and treatment facility, secure 6
withdrawal management and stabilization facility, or approved 7
substance use disorder treatment program for inpatient treatment, a 8
commitment hearing shall be held within 120 hours of the adolescent's 9
provisional acceptance to determine whether probable cause exists to 10
commit the adolescent for further treatment. 11
(b) The adolescent shall be advised that he or she has a right to 12
communicate immediately with an attorney and that he or she has a 13
right to have an attorney appointed to represent him or her before 14
and at the hearing if the adolescent is indigent. 15
(4) Whenever the designated crisis responder petitions for 16
detention of an adolescent under this chapter, an evaluation and 17
treatment facility, secure withdrawal management and stabilization 18
facility, or approved substance use disorder treatment program 19
providing 120-hour evaluation and treatment must immediately accept 20
on a provisional basis the petition and the person. Within 24 hours 21
of the adolescent's arrival, the facility must evaluate the 22
adolescent's condition and either admit or release the adolescent in 23
accordance with this chapter. 24
(5) If an adolescent is not approved for admission by the 25
inpatient evaluation and treatment facility, secure withdrawal 26
management and stabilization facility, or approved substance use 27
disorder treatment program, the facility shall make such 28
recommendations and referrals for further care and treatment of the 29
adolescent as necessary. 30
(6) Dismissal of a commitment petition is not the appropriate 31
remedy for a violation of the timeliness requirements of this 32
section, based on the purpose of this chapter under RCW 71.34.010, 33
except in the few cases where the facility staff or the designated 34
crisis responder have totally disregarded the requirements of this 35
section. 36
(7) In any investigation and evaluation of an adolescent under 37
this section in which the designated crisis responder knows, or has 38
reason to know, that the adolescent is an American Indian or Alaska 39
Native who receives medical or behavioral health services from a 40
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tribe within this state, the designated crisis responder shall notify 1
the tribe and the Indian health care provider whether or not a 2
petition for initial detention or involuntary outpatient treatment 3
will be filed as soon as possible, but no later than three hours from 4
the time the decision is made. If a petition for initial detention or 5
involuntary outpatient treatment is filed, the designated crisis 6
responder must provide the tribe with a copy of the petition, 7
together with any orders issued by the court and a notice of the 8
tribe's right to intervene as soon as possible, but before the 9
hearing, and no later than 24 hours from the time the petition is 10
served upon the person and the person's guardian. The court clerk 11
shall provide copies of any court orders necessary for the designated 12
crisis responder to provide notice to the tribe or Indian health care 13
provider under this section. Notification under this section is 14
subject to any federal and state laws and regulations including the 15
requirements in RCW 70.02.240 and shall be made in person or by 16
telephonic or electronic communication to the tribal contact listed 17
in the authority's tribal crisis coordination plan.18
Sec. 30. RCW 71.34.740 and 2020 c 302 s 93 are each amended to 19
read as follows: 20
(1) A commitment hearing shall be held within ((one hundred 21
twenty)) 120 hours of the minor's admission, excluding Saturday, 22
Sunday, and holidays, or if the hearing is held on a petition filed 23
under RCW 71.34.815, the hearing shall be held at a time scheduled 24
under that section, unless a continuance is ordered under RCW 25
71.34.735. 26
(2) The commitment hearing shall be conducted at the superior 27
court or an appropriate place at the facility in which the minor is 28
being detained. 29
(3) At the commitment hearing, the evidence in support of the 30
petition shall be presented by the county prosecutor.31
(4) The minor shall be present at the commitment hearing unless 32
the minor, with the assistance of the minor's attorney, waives the 33
right to be present at the hearing. 34
(5) If the parents are opposed to the petition, they may be 35
represented at the hearing and shall be entitled to court-appointed 36
counsel if they are indigent. 37
(6) At the commitment hearing, the minor shall have the following 38
rights: 39
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(a) To be represented by an attorney; 1
(b) To present evidence on his or her own behalf;2
(c) To question persons testifying in support of the petition.3
(7) If the ((hearing)) petition is for commitment for mental 4
health treatment, the court at the time of the commitment hearing and 5
before an order of commitment is entered shall inform the minor both 6
orally and in writing that the failure to make a good faith effort to 7
seek voluntary treatment as provided in RCW 71.34.730 will result in 8
the loss of his or her firearm rights if the minor is subsequently 9
((detained for)) ordered to receive involuntary treatment under this 10
section. 11
(8) If the minor has received medication within ((twenty-four)) 12
24 hours of the hearing, the court shall be informed of that fact and 13
of the probable effects of the medication. 14
(9) For a ((fourteen)) 14-day commitment, the court must find by 15
a preponderance of the evidence that: 16
(a) The minor has a behavioral health disorder and presents a 17
likelihood of serious harm or is gravely disabled;18
(b) The minor is in need of evaluation and treatment of the type 19
provided by the inpatient evaluation and treatment facility, secure 20
withdrawal management and stabilization facility, or approved 21
substance use disorder treatment program to which continued inpatient 22
care is sought or is in need of less restrictive alternative 23
treatment found to be in the best interests of the minor or others; 24
and 25
(c) The minor is unwilling or unable in good faith to consent to 26
voluntary treatment. 27
(10)(a) If the court finds that the minor meets the criteria for 28
a ((fourteen)) 14-day commitment, the court shall either authorize 29
commitment of the minor for inpatient treatment or for less 30
restrictive alternative treatment upon such conditions as are 31
necessary. If the court determines that the minor does not meet the 32
criteria for a ((fourteen)) 14-day commitment, the minor shall be 33
released. 34
(b) If the court finds by a preponderance of the evidence that 35
the minor is in need of assisted outpatient treatment pursuant to a 36
petition filed under RCW 71.34.815, the court shall order an 37
appropriate less restrictive course of treatment for up to 18 months.38
(11)(a) Nothing in this section prohibits the professional person 39
in charge of the facility from releasing the minor at any time, when, 40
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in the opinion of the professional person in charge of the facility, 1
further inpatient treatment is no longer necessary. The release may 2
be subject to reasonable conditions if appropriate.3
(b) Whenever a minor is released under this section, the 4
professional person in charge shall within three days, notify the 5
court in writing of the release. 6
(12) A minor who has been committed for ((fourteen)) 14 days 7
shall be released at the end of that period unless a petition for 8
((one hundred eighty )) 180-day commitment is pending before the 9
court. 10
Sec. 31. RCW 71.34.755 and 2024 c 62 s 30 are each amended to 11
read as follows: 12
(1) Less restrictive alternative treatment, at a minimum, must 13
include the following services: 14
(a) Assignment of a care coordinator; 15
(b) An intake evaluation with the provider of the less 16
restrictive alternative treatment; 17
(c) A psychiatric evaluation, a substance use disorder 18
evaluation, or both; 19
(d) A schedule of regular contacts with the provider of the less 20
restrictive alternative treatment services for the duration of the 21
order; 22
(e) A transition plan addressing access to continued services at 23
the expiration of the order; 24
(f) An individual crisis plan; 25
(g) Consultation about the formation of a mental health advance 26
directive under chapter 71.32 RCW; and 27
(h) Notification to the care coordinator assigned in (a) of this 28
subsection if reasonable efforts to engage the client fail to produce 29
substantial compliance with court-ordered treatment conditions.30
(2) Less restrictive alternative treatment may include the 31
following additional services: 32
(a) Medication management; 33
(b) Psychotherapy; 34
(c) Nursing; 35
(d) Substance use disorder counseling; 36
(e) Residential treatment; 37
(f) Partial hospitalization; 38
(g) Intensive outpatient treatment; 39
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(h) Substance use monitoring through urinalysis, an alcohol 1
detection breathalyzer device, a transdermal sensor device, or other 2
technology designed to detect drugs or alcohol in a person's system;3
(i) Support for housing, benefits, education, and employment; and4
(((i))) (j) Periodic court review. 5
(3) If the minor was provided with involuntary medication during 6
the involuntary commitment period, the less restrictive alternative 7
treatment order may authorize the less restrictive alternative 8
treatment provider or its designee to administer involuntary 9
antipsychotic medication to the person if the provider has attempted 10
and failed to obtain the informed consent of the person and there is 11
a concurring medical opinion approving the medication by a 12
psychiatrist, physician assistant working with a psychiatrist who is 13
acting as a participating physician as defined in RCW 18.71A.010, 14
psychiatric advanced registered nurse practitioner, or physician or 15
physician assistant in consultation with an independent mental health 16
professional with prescribing authority. 17
(4) Less restrictive alternative treatment must be administered 18
by a provider that is certified or licensed to provide or coordinate 19
the full scope of services required under the less restrictive 20
alternative order and that has agreed to assume this responsibility.21
(5) The care coordinator assigned to a minor ordered to less 22
restrictive alternative treatment must submit an individualized plan 23
for the minor's treatment services to the court that entered the 24
order. An initial plan must be submitted as soon as possible 25
following the intake evaluation and a revised plan must be submitted 26
upon any subsequent modification in which a type of service is 27
removed from or added to the treatment plan. 28
(6) A care coordinator may disclose information and records 29
related to mental health services pursuant to RCW 70.02.230(2)(((k))) 30
(l) for purposes of implementing less restrictive alternative 31
treatment. 32
(7) For the purpose of this section, "care coordinator" means a 33
clinical practitioner who coordinates the activities of less 34
restrictive alternative treatment. The care coordinator coordinates 35
activities with the designated crisis responders that are necessary 36
for enforcement and continuation of less restrictive alternative 37
treatment orders and is responsible for coordinating service 38
activities with other agencies and establishing and maintaining a 39
therapeutic relationship with the individual on a continuing basis.40
p. 70 SB 6296
Sec. 32. RCW 71.34.755 and 2025 c 58 s 5163 are each amended to 1
read as follows: 2
(1) Less restrictive alternative treatment, at a minimum, must 3
include the following services: 4
(a) Assignment of a care coordinator; 5
(b) An intake evaluation with the provider of the less 6
restrictive alternative treatment; 7
(c) A psychiatric evaluation, a substance use disorder 8
evaluation, or both; 9
(d) A schedule of regular contacts with the provider of the less 10
restrictive alternative treatment services for the duration of the 11
order; 12
(e) A transition plan addressing access to continued services at 13
the expiration of the order; 14
(f) An individual crisis plan; 15
(g) Consultation about the formation of a mental health advance 16
directive under chapter 71.32 RCW; and 17
(h) Notification to the care coordinator assigned in (a) of this 18
subsection if reasonable efforts to engage the client fail to produce 19
substantial compliance with court-ordered treatment conditions.20
(2) Less restrictive alternative treatment may include the 21
following additional services: 22
(a) Medication management; 23
(b) Psychotherapy; 24
(c) Nursing; 25
(d) Substance use disorder counseling; 26
(e) Residential treatment; 27
(f) Partial hospitalization; 28
(g) Intensive outpatient treatment; 29
(h) Substance use monitoring through urinalysis, an alcohol 30
detection breathalyzer device, a transdermal sensor device, or other 31
technology designed to detect drugs or alcohol in a person's system;32
(i) Support for housing, benefits, education, and employment; and33
(((i))) (j) Periodic court review. 34
(3) If the minor was provided with involuntary medication during 35
the involuntary commitment period, the less restrictive alternative 36
treatment order may authorize the less restrictive alternative 37
treatment provider or its designee to administer involuntary 38
antipsychotic medication to the person if the provider has attempted 39
and failed to obtain the informed consent of the person and there is 40
p. 71 SB 6296
a concurring medical opinion approving the medication by a 1
psychiatrist, physician assistant working with a psychiatrist who is 2
acting as a participating physician as defined in RCW 18.71A.010, 3
psychiatric advanced practice registered nurse, or physician or 4
physician assistant in consultation with an independent mental health 5
professional with prescribing authority. 6
(4) Less restrictive alternative treatment must be administered 7
by a provider that is certified or licensed to provide or coordinate 8
the full scope of services required under the less restrictive 9
alternative order and that has agreed to assume this responsibility.10
(5) The care coordinator assigned to a minor ordered to less 11
restrictive alternative treatment must submit an individualized plan 12
for the minor's treatment services to the court that entered the 13
order. An initial plan must be submitted as soon as possible 14
following the intake evaluation and a revised plan must be submitted 15
upon any subsequent modification in which a type of service is 16
removed from or added to the treatment plan. 17
(6) A care coordinator may disclose information and records 18
related to mental health services pursuant to RCW 70.02.230(2)(((k))) 19
(l) for purposes of implementing less restrictive alternative 20
treatment. 21
(7) For the purpose of this section, "care coordinator" means a 22
clinical practitioner who coordinates the activities of less 23
restrictive alternative treatment. The care coordinator coordinates 24
activities with the designated crisis responders that are necessary 25
for enforcement and continuation of less restrictive alternative 26
treatment orders and is responsible for coordinating service 27
activities with other agencies and establishing and maintaining a 28
therapeutic relationship with the individual on a continuing basis.29
Sec. 33. RCW 71.34.780 and 2024 c 209 s 27 are each amended to 30
read as follows: 31
(1) An agency or facility designated to monitor or provide less 32
restrictive alternative treatment services to a minor under a court 33
order or conditional release may take a range of actions to enforce 34
the terms of the order or conditional release in the event the minor 35
is not adhering to the terms or is experiencing substantial 36
deterioration, decompensation, or a likelihood of serious harm. Such 37
actions may include:38
(a) Counseling the minor and offering incentives for compliance;39
p. 72 SB 6296
(b) Increasing the intensity of services;1
(c) Petitioning the court to review the minor's compliance and 2
optionally modify the terms of the order or conditional release while 3
the minor remains in outpatient treatment;4
(d) Requesting assistance from a peace officer for temporarily 5
detaining the minor for up to 12 hours for evaluation at a crisis 6
stabilization unit, evaluation and treatment facility, secure 7
withdrawal management and stabilization facility, facility providing 8
services under a court order, or emergency department to determine if 9
revocation or enforcement proceedings under this section are 10
necessary and appropriate to stabilize the minor, if there has been a 11
pattern of noncompliance or failure of reasonable attempts at 12
outreach and engagement; or13
(e) Initiating revocation proceedings under subsection (3) of 14
this section.15
(2) If the professional person in charge of an outpatient 16
treatment program, a designated crisis responder, or the director or 17
secretary, as appropriate, determines that a minor is failing to 18
adhere to the conditions of ((the)) a court order for less 19
restrictive alternative treatment or the conditions ((for the )) of 20
conditional release, or that substantial deterioration in the minor's 21
functioning has occurred, the designated crisis responder, or the 22
director or secretary, as appropriate, may order that the minor be 23
taken into custody and transported to an inpatient evaluation and 24
treatment facility, a secure withdrawal management and stabilization 25
facility, or an approved substance use disorder treatment program. If 26
the minor is located in a 23-hour crisis relief center for minors 27
when a designated crisis responder takes the minor into custody, the 28
minor may remain at the 23-hour crisis relief center for minors or 29
adjacent crisis stabilization facility in accordance with rules 30
promulgated by the department of health.31
(((2))) (3)(a) The designated crisis responder, director, or 32
secretary, as appropriate, shall file the order of apprehension and 33
detention and serve it upon the minor and notify the minor's parent 34
and the minor's attorney, if any, of the detention within two days of 35
return. At the time of service the minor shall be informed of the 36
right to a hearing and to representation by an attorney. The 37
designated crisis responder or the director or secretary, as 38
appropriate, may modify or rescind the order of apprehension and 39
detention at any time prior to the hearing. 40
p. 73 SB 6296
(b) If the minor is involuntarily detained for revocation at an 1
evaluation and treatment facility, secure withdrawal management and 2
stabilization facility, or approved substance use disorder treatment 3
program in a different county from where the minor was initially 4
detained, the facility or program may file the order of apprehension, 5
serve it on the minor and notify the minor's parents and the minor's 6
attorney at the request of the designated crisis responder.7
(((3))) (4) A petition for revocation of less restrictive 8
alternative treatment shall be filed by the designated crisis 9
responder or the director, secretary, or facility, as appropriate, 10
with the court in the county where the minor is detained. The court 11
shall conduct the hearing in that county. A petition for revocation 12
of conditional release must be filed in the county where the minor is 13
detained. A petition shall describe the behavior of the minor 14
indicating violation of the conditions or deterioration of routine 15
functioning and a dispositional recommendation. The hearing shall be 16
held within seven days of the minor's return. The issues to be 17
determined are whether the minor did or did not adhere to the 18
conditions of the less restrictive alternative treatment or 19
conditional release, or whether the minor's routine functioning has 20
substantially deteriorated, and, if so, whether the conditions of 21
less restrictive alternative treatment or conditional release should 22
be modified or whether the ((minor)) court should ((be returned to )) 23
order the minor's detention for inpatient treatment. Pursuant to the 24
determination of the court, the minor shall be returned to less 25
restrictive alternative treatment or conditional release on the same 26
or modified conditions or shall be ((returned to )) detained for 27
inpatient treatment. If the minor is ((returned to )) detained for 28
inpatient treatment, RCW 71.34.760 regarding the director's placement 29
responsibility shall apply. The hearing may be waived by the minor 30
and the minor ((returned to )) detained for inpatient treatment or 31
returned to less restrictive alternative treatment or conditional 32
release on the same or modified conditions . If the court orders 33
detention for inpatient treatment, the treatment period must be for 34
14 days from the revocation hearing if the less restrictive 35
alternative treatment order was based on a petition under RCW 36
71.34.740 or 71.34.815. The minor must return to less restrictive 37
alternative treatment under the order at the end of the 14-day period 38
unless a petition for further treatment is filed under RCW 71.34.750. 39
If the court orders detention for inpatient treatment and the less 40
p. 74 SB 6296
restrictive alternative treatment order or conditional release was 1
based on a petition under RCW 71.34.750, the number of days remaining 2
on the less restrictive alternative treatment order or conditional 3
release must be converted to days of inpatient treatment.4
(5) Upon request of an agency, facility, or designated crisis 5
responder, a peace officer shall provide assistance in detaining a 6
minor as authorized under this section. If, in the judgment of the 7
officer based on the totality of the circumstances known at the time, 8
the officer believes there is a reasonable likelihood that the amount 9
of force required to take the person into custody could cause greater 10
harm than the risk of harm to the person and the community posed by 11
the person's untreated behavioral health condition, the officer may 12
decline to provide assistance. 13
(((4))) (6) Prior to taking any action to enforce, modify, or 14
revoke a less restrictive alternative treatment order or conditional 15
release order in which the agency, facility, or designated crisis 16
responder knows, or has reason to know, that the minor is an American 17
Indian or Alaska Native who receives medical or behavioral health 18
services from a tribe within this state, the agency, facility, or 19
designated crisis responder shall notify the tribe and Indian health 20
care provider regarding any action that will be taken under this 21
section as soon as possible, but no later than three hours from the 22
time the decision to take action is made. The agency, facility, or 23
designated crisis responder must provide the tribe and Indian health 24
care provider with a copy of the petition, together with any orders 25
issued by the court and a notice of the tribe's right to intervene as 26
soon as possible, but before any hearing under this section, and no 27
later than 24 hours from the time the petition is served upon the 28
person and the person's guardian. The court clerk shall provide 29
copies of any court orders necessary for the agency, facility, or 30
designated crisis responder to provide notice to the tribe or Indian 31
health care provider under this section. Notification under this 32
section is subject to any federal and state laws and regulations 33
including the requirements in RCW 70.02.240 and shall be made in 34
person or by telephonic or electronic communication to the tribal 35
contact listed in the authority's tribal crisis coordination plan.36
Sec. 34. RCW 71.34.815 and 2024 c 209 s 10 are each amended to 37
read as follows: 38
p. 75 SB 6296
(1) An adolescent is in need of assisted outpatient treatment if 1
the court finds by ((clear, cogent, and convincing )) a preponderance 2
of the evidence in response to a petition filed under this section 3
that: 4
(a) The adolescent has a behavioral health disorder;5
(b) Based on a clinical determination and in view of the 6
adolescent's treatment history and current behavior, at least one of 7
the following is true: 8
(i) The adolescent is unlikely to survive safely in the community 9
without supervision and the adolescent's condition is substantially 10
deteriorating; or 11
(ii) The adolescent is in need of assisted outpatient treatment 12
in order to prevent a relapse or deterioration that would be likely 13
to result in grave disability or a likelihood of serious harm to the 14
adolescent or to others; 15
(c) The adolescent has a history of lack of compliance with 16
treatment for his or her behavioral health disorder that has:17
(i) At least twice within the 36 months prior to the filing of 18
the petition been a significant factor in necessitating 19
hospitalization of the adolescent, or the adolescent's receipt of 20
services in a forensic or other mental health unit of a state, local, 21
or tribal correctional facility, provided that the 36-month period 22
shall be extended by the length of any hospitalization or 23
incarceration of the adolescent that occurred within the 36-month 24
period; 25
(ii) At least twice within the 36 months prior to the filing of 26
the petition been a significant factor in necessitating emergency 27
medical care or hospitalization for behavioral health-related medical 28
conditions including overdose, infected abscesses, sepsis, 29
endocarditis, or other maladies, or a significant factor in behavior 30
which resulted in the adolescent's incarceration in a state, local, 31
or tribal correctional facility; or 32
(iii) Resulted in one or more violent acts, threats, or attempts 33
to cause serious physical harm to the adolescent or another within 34
the 48 months prior to the filing of the petition, provided that the 35
48-month period shall be extended by the length of any 36
hospitalization or incarceration of the person that occurred during 37
the 48-month period; 38
p. 76 SB 6296
(d) Participation in an assisted outpatient treatment program 1
would be the least restrictive alternative necessary to ensure the 2
adolescent's recovery and stability; and 3
(e) The adolescent will benefit from assisted outpatient 4
treatment. 5
(2) The following individuals may directly file a petition for 6
less restrictive alternative treatment on the basis that an 7
adolescent is in need of assisted outpatient treatment:8
(a) The director of a hospital where the adolescent is 9
hospitalized or the director's designee; 10
(b) The director of a behavioral health service provider 11
providing behavioral health care or residential services to the 12
adolescent or the director's designee; 13
(c) The adolescent's treating mental health professional or 14
substance use disorder professional or one who has evaluated the 15
person; 16
(d) A designated crisis responder; 17
(e) A release planner from a juvenile detention or rehabilitation 18
facility; or 19
(f) An emergency room physician. 20
(3) A court order for less restrictive alternative treatment on 21
the basis that the adolescent is in need of assisted outpatient 22
treatment may be effective for up to 18 months. The petitioner must 23
personally interview the adolescent, unless the adolescent refuses an 24
interview, to determine whether the adolescent will voluntarily 25
receive appropriate treatment. 26
(4) The petitioner must allege specific facts based on personal 27
observation, evaluation, or investigation, and must consider the 28
reliability or credibility of any person providing information 29
material to the petition. 30
(5) The petition must include: 31
(a) A statement of the circumstances under which the adolescent's 32
condition was made known and the basis for the opinion, from personal 33
observation or investigation, that the adolescent is in need of 34
assisted outpatient treatment. The petitioner must state which 35
specific facts come from personal observation and specify what other 36
sources of information the petitioner has relied upon to form this 37
belief; 38
(b) ((A declaration from a physician, physician assistant, or 39
advanced registered nurse practitioner, or the adolescent's treating 40
p. 77 SB 6296
mental health professional or substance use disorder professional, 1
who has examined the adolescent no more than 10 days prior to the 2
submission of the petition and who is willing to testify in support 3
of the petition, or who alternatively has made appropriate attempts 4
to examine the adolescent within the same period but has not been 5
successful in obtaining the adolescent's cooperation, and who is 6
willing to testify to the reasons they believe that the adolescent 7
meets the criteria for assisted outpatient treatment. If the 8
declaration is provided by the adolescent's treating mental health 9
professional or substance use disorder professional, it must be 10
cosigned by a supervising physician, physician assistant, or advanced 11
registered nurse practitioner who certifies that they have reviewed 12
the declaration; 13
(c))) The declarations of ((additional)) witnesses, if any, 14
supporting the petition for assisted outpatient treatment;15
(((d))) (c) The name of an agency, provider, or facility that 16
agrees to provide less restrictive alternative treatment if the 17
petition is granted by the court; and 18
(((e))) (d) If the adolescent is detained in a state hospital, 19
inpatient treatment facility, or juvenile detention or rehabilitation 20
facility at the time the petition is filed, the anticipated release 21
date of the adolescent and any other details needed to facilitate 22
successful reentry and transition into the community.23
(6)(a) Upon receipt of a petition meeting all requirements of 24
this section, the court shall fix a date for a hearing:25
(i) No sooner than three days or later than seven days after the 26
date of service or as stipulated by the parties or, upon a showing of 27
good cause, no later than 30 days after the date of service; or28
(ii) If the adolescent is hospitalized at the time of filing of 29
the petition, before discharge of the adolescent and in sufficient 30
time to arrange for a continuous transition from inpatient treatment 31
to assisted outpatient treatment. 32
(b) A copy of the petition and notice of hearing shall be served, 33
in the same manner as a summons, on the petitioner, the adolescent, 34
((the qualified professional whose affidavit accompanied the 35
petition,)) a current provider, if any, and a surrogate decision 36
maker or agent under chapter 71.32 RCW, if any. 37
(c) If the adolescent has a surrogate decision maker or agent 38
under chapter 71.32 RCW who wishes to provide testimony at the 39
p. 78 SB 6296
hearing, the court shall afford the surrogate decision maker or agent 1
an opportunity to testify. 2
(d) The adolescent shall be represented by counsel at all stages 3
of the proceedings. 4
(e) If the adolescent fails to appear at the hearing after 5
notice, the court may conduct the hearing in the adolescent's 6
absence; provided that the adolescent's counsel is present.7
(f) If the ((adolescent has refused to be examined by the 8
qualified professional whose affidavit accompanied the )) petition 9
does not include a declaration from a qualified professional person 10
who has examined the adolescent no more than 10 days prior to 11
submission of the petition , the court may order a mental examination 12
of the adolescent ((. The examination of the adolescent may be 13
performed by the qualified professional whose affidavit accompanied 14
the petition. If the examination is performed by another qualified 15
professional, the examining )) by a qualified professional ((shall be 16
authorized to consult with the qualified professional whose affidavit 17
accompanied the petition)). 18
(g) If the adolescent has refused to be examined by a qualified 19
professional and the court finds reasonable grounds to believe that 20
the allegations of the petition are true, the court may issue a 21
written order directing a peace officer who has completed crisis 22
intervention training to detain and transport the adolescent to a 23
provider for examination by a qualified professional. An adolescent 24
detained pursuant to this subsection shall be detained no longer than 25
necessary to complete the examination and in no event longer than 24 26
hours. All papers in the court file must be provided to the 27
adolescent's designated attorney. 28
(7) If the petition involves an adolescent whom the petitioner or 29
behavioral health administrative services organization knows, or has 30
reason to know, is an American Indian or Alaska Native who receives 31
medical or behavioral health services from a tribe within this state, 32
the petitioner or behavioral health administrative services 33
organization shall notify the tribe and Indian health care provider. 34
Notification shall be made in person or by telephonic or electronic 35
communication to the tribal contact listed in the authority's tribal 36
crisis coordination plan as soon as possible, but before the hearing 37
and no later than 24 hours from the time the petition is served upon 38
the person and the person's guardian. The notice to the tribe or 39
Indian health care provider must include a copy of the petition, 40
p. 79 SB 6296
together with any orders issued by the court and a notice of the 1
tribe's right to intervene. The court clerk shall provide copies of 2
any court orders necessary for the petitioner or the behavioral 3
health administrative services organization to provide notice to the 4
tribe or Indian health care provider under this section.5
(8) A petition for assisted outpatient treatment filed under this 6
section shall be adjudicated under RCW 71.34.740. 7
(9) ((After January 1, 2023, a )) A petition for assisted 8
outpatient treatment must be filed on forms developed by the 9
administrative office of the courts. 10
Sec. 35. RCW 71.34.815 and 2025 c 58 s 5165 are each amended to 11
read as follows: 12
(1) An adolescent is in need of assisted outpatient treatment if 13
the court finds by ((clear, cogent, and convincing )) a preponderance 14
of the evidence in response to a petition filed under this section 15
that: 16
(a) The adolescent has a behavioral health disorder;17
(b) Based on a clinical determination and in view of the 18
adolescent's treatment history and current behavior, at least one of 19
the following is true: 20
(i) The adolescent is unlikely to survive safely in the community 21
without supervision and the adolescent's condition is substantially 22
deteriorating; or 23
(ii) The adolescent is in need of assisted outpatient treatment 24
in order to prevent a relapse or deterioration that would be likely 25
to result in grave disability or a likelihood of serious harm to the 26
adolescent or to others; 27
(c) The adolescent has a history of lack of compliance with 28
treatment for his or her behavioral health disorder that has:29
(i) At least twice within the 36 months prior to the filing of 30
the petition been a significant factor in necessitating 31
hospitalization of the adolescent, or the adolescent's receipt of 32
services in a forensic or other mental health unit of a state, local, 33
or tribal correctional facility, provided that the 36-month period 34
shall be extended by the length of any hospitalization or 35
incarceration of the adolescent that occurred within the 36-month 36
period; 37
(ii) At least twice within the 36 months prior to the filing of 38
the petition been a significant factor in necessitating emergency 39
p. 80 SB 6296
medical care or hospitalization for behavioral health-related medical 1
conditions including overdose, infected abscesses, sepsis, 2
endocarditis, or other maladies, or a significant factor in behavior 3
which resulted in the adolescent's incarceration in a state, local, 4
or tribal correctional facility; or 5
(iii) Resulted in one or more violent acts, threats, or attempts 6
to cause serious physical harm to the adolescent or another within 7
the 48 months prior to the filing of the petition, provided that the 8
48-month period shall be extended by the length of any 9
hospitalization or incarceration of the person that occurred during 10
the 48-month period; 11
(d) Participation in an assisted outpatient treatment program 12
would be the least restrictive alternative necessary to ensure the 13
adolescent's recovery and stability; and 14
(e) The adolescent will benefit from assisted outpatient 15
treatment. 16
(2) The following individuals may directly file a petition for 17
less restrictive alternative treatment on the basis that an 18
adolescent is in need of assisted outpatient treatment:19
(a) The director of a hospital where the adolescent is 20
hospitalized or the director's designee; 21
(b) The director of a behavioral health service provider 22
providing behavioral health care or residential services to the 23
adolescent or the director's designee; 24
(c) The adolescent's treating mental health professional or 25
substance use disorder professional or one who has evaluated the 26
person; 27
(d) A designated crisis responder; 28
(e) A release planner from a juvenile detention or rehabilitation 29
facility; or 30
(f) An emergency room physician. 31
(3) A court order for less restrictive alternative treatment on 32
the basis that the adolescent is in need of assisted outpatient 33
treatment may be effective for up to 18 months. The petitioner must 34
personally interview the adolescent, unless the adolescent refuses an 35
interview, to determine whether the adolescent will voluntarily 36
receive appropriate treatment. 37
(4) The petitioner must allege specific facts based on personal 38
observation, evaluation, or investigation, and must consider the 39
p. 81 SB 6296
reliability or credibility of any person providing information 1
material to the petition. 2
(5) The petition must include: 3
(a) A statement of the circumstances under which the adolescent's 4
condition was made known and the basis for the opinion, from personal 5
observation or investigation, that the adolescent is in need of 6
assisted outpatient treatment. The petitioner must state which 7
specific facts come from personal observation and specify what other 8
sources of information the petitioner has relied upon to form this 9
belief; 10
(b) ((A declaration from a physician, physician assistant, or 11
advanced practice registered nurse, or the adolescent's treating 12
mental health professional or substance use disorder professional, 13
who has examined the adolescent no more than 10 days prior to the 14
submission of the petition and who is willing to testify in support 15
of the petition, or who alternatively has made appropriate attempts 16
to examine the adolescent within the same period but has not been 17
successful in obtaining the adolescent's cooperation, and who is 18
willing to testify to the reasons they believe that the adolescent 19
meets the criteria for assisted outpatient treatment. If the 20
declaration is provided by the adolescent's treating mental health 21
professional or substance use disorder professional, it must be 22
cosigned by a supervising physician, physician assistant, or advanced 23
practice registered nurse who certifies that they have reviewed the 24
declaration;25
(c))) The declarations of ((additional)) witnesses, if any, 26
supporting the petition for assisted outpatient treatment;27
(((d))) (c) The name of an agency, provider, or facility that 28
agrees to provide less restrictive alternative treatment if the 29
petition is granted by the court; and 30
(((e))) (d) If the adolescent is detained in a state hospital, 31
inpatient treatment facility, or juvenile detention or rehabilitation 32
facility at the time the petition is filed, the anticipated release 33
date of the adolescent and any other details needed to facilitate 34
successful reentry and transition into the community.35
(6)(a) Upon receipt of a petition meeting all requirements of 36
this section, the court shall fix a date for a hearing:37
(i) No sooner than three days or later than seven days after the 38
date of service or as stipulated by the parties or, upon a showing of 39
good cause, no later than 30 days after the date of service; or40
p. 82 SB 6296
(ii) If the adolescent is hospitalized at the time of filing of 1
the petition, before discharge of the adolescent and in sufficient 2
time to arrange for a continuous transition from inpatient treatment 3
to assisted outpatient treatment. 4
(b) A copy of the petition and notice of hearing shall be served, 5
in the same manner as a summons, on the petitioner, the adolescent, 6
((the qualified professional whose affidavit accompanied the 7
petition,)) a current provider, if any, and a surrogate decision 8
maker or agent under chapter 71.32 RCW, if any. 9
(c) If the adolescent has a surrogate decision maker or agent 10
under chapter 71.32 RCW who wishes to provide testimony at the 11
hearing, the court shall afford the surrogate decision maker or agent 12
an opportunity to testify. 13
(d) The adolescent shall be represented by counsel at all stages 14
of the proceedings. 15
(e) If the adolescent fails to appear at the hearing after 16
notice, the court may conduct the hearing in the adolescent's 17
absence; provided that the adolescent's counsel is present.18
(f) If the ((adolescent has refused to be examined by the 19
qualified professional whose affidavit accompanied the )) petition 20
does not include a declaration from a qualified professional person 21
who has examined the adolescent no more than 10 days prior to 22
submission of the petition , the court may order a ((mental)) 23
behavioral health examination of the adolescent ((. The examination of 24
the adolescent may be performed by the qualified professional whose 25
affidavit accompanied the petition. If the examination is performed 26
by another qualified professional, the examining )) by a qualified 27
professional ((shall be authorized to consult with the qualified 28
professional whose affidavit accompanied the petition)).29
(g) If the adolescent has refused to be examined by a qualified 30
professional and the court finds reasonable grounds to believe that 31
the allegations of the petition are true, the court may issue a 32
written order directing a peace officer who has completed crisis 33
intervention training to detain and transport the adolescent to a 34
provider for examination by a qualified professional. An adolescent 35
detained pursuant to this subsection shall be detained no longer than 36
necessary to complete the examination and in no event longer than 24 37
hours. All papers in the court file must be provided to the 38
adolescent's designated attorney. 39
p. 83 SB 6296
(7) If the petition involves an adolescent whom the petitioner or 1
behavioral health administrative services organization knows, or has 2
reason to know, is an American Indian or Alaska Native who receives 3
medical or behavioral health services from a tribe within this state, 4
the petitioner or behavioral health administrative services 5
organization shall notify the tribe and Indian health care provider. 6
Notification shall be made in person or by telephonic or electronic 7
communication to the tribal contact listed in the authority's tribal 8
crisis coordination plan as soon as possible, but before the hearing 9
and no later than 24 hours from the time the petition is served upon 10
the person and the person's guardian. The notice to the tribe or 11
Indian health care provider must include a copy of the petition, 12
together with any orders issued by the court and a notice of the 13
tribe's right to intervene. The court clerk shall provide copies of 14
any court orders necessary for the petitioner or the behavioral 15
health administrative services organization to provide notice to the 16
tribe or Indian health care provider under this section.17
(8) A petition for assisted outpatient treatment filed under this 18
section shall be adjudicated under RCW 71.34.740. 19
(9) ((After January 1, 2023, a )) A petition for assisted 20
outpatient treatment must be filed on forms developed by the 21
administrative office of the courts. 22
Sec. 36. RCW 70.02.230 and 2024 c 209 s 32 are each amended to 23
read as follows: 24
(1) The fact of admission to a provider for mental health 25
services and all information and records compiled, obtained, or 26
maintained in the course of providing mental health services to 27
either voluntary or involuntary recipients of services at public or 28
private agencies may not be disclosed except as provided in this 29
section, RCW 70.02.050, 71.05.445, 74.09.295, 70.02.210, 70.02.240, 30
70.02.250, 70.02.260, and 70.02.265, or pursuant to a valid 31
authorization under RCW 70.02.030. 32
(2) Information and records related to mental health services, 33
other than those obtained through treatment under chapter 71.34 RCW, 34
may be disclosed: 35
(a) In communications between qualified professional persons to 36
meet the requirements of chapter 71.05 RCW, including Indian health 37
care providers, in the provision of services or appropriate 38
p. 84 SB 6296
referrals, or in the course of guardianship proceedings if provided 1
to a professional person: 2
(i) Employed by the facility; 3
(ii) Who has medical responsibility for the patient's care;4
(iii) Who is a designated crisis responder; 5
(iv) Who is providing services under chapter 71.24 RCW;6
(v) Who is employed by a state or local correctional facility 7
where the person is confined or supervised; or 8
(vi) Who is providing evaluation, treatment, or follow-up 9
services under chapter 10.77 RCW; 10
(b) When the communications regard the special needs of a patient 11
and the necessary circumstances giving rise to such needs and the 12
disclosure is made by a facility providing services to the operator 13
of a facility in which the patient resides or will reside;14
(c)(i) When the person receiving services, or his or her 15
guardian, designates persons to whom information or records may be 16
released, or if the person is a minor, when his or her parents make 17
such a designation; 18
(ii) A public or private agency shall release to a person's next 19
of kin, attorney, personal representative, guardian, or conservator, 20
if any: 21
(A) The information that the person is presently a patient in the 22
facility or that the person is seriously physically ill;23
(B) A statement evaluating the mental and physical condition of 24
the patient, and a statement of the probable duration of the 25
patient's confinement, if such information is requested by the next 26
of kin, attorney, personal representative, guardian, or conservator; 27
and 28
(iii) Other information requested by the next of kin or attorney 29
as may be necessary to decide whether or not proceedings should be 30
instituted to appoint a guardian or conservator; 31
(d)(i) To the courts, including tribal courts, as necessary to 32
the administration of chapter 71.05 RCW, or equivalent proceedings in 33
tribal courts, or to a court ordering an evaluation or treatment 34
under chapter 10.77 RCW solely for the purpose of preventing the 35
entry of any evaluation or treatment order that is inconsistent with 36
any order entered under chapter 71.05 RCW. 37
(ii) To a court or its designee in which a motion under chapter 38
10.77 RCW has been made for involuntary medication of a defendant for 39
the purpose of competency restoration. 40
p. 85 SB 6296
(iii) Disclosure under this subsection is mandatory for the 1
purpose of the federal health insurance portability and 2
accountability act; 3
(e)(i) When a mental health professional or designated crisis 4
responder is requested by a representative of a law enforcement or 5
corrections agency, including a police officer, sheriff, community 6
corrections officer, a municipal attorney, or prosecuting attorney to 7
undertake an investigation or provide treatment under RCW 71.05.150, 8
10.31.110, or 71.05.153, the mental health professional or designated 9
crisis responder shall, if requested to do so, advise the 10
representative in writing of the results of the investigation 11
including a statement of reasons for the decision to detain or 12
release the person investigated. The written report must be submitted 13
within 72 hours of the completion of the investigation or the request 14
from the law enforcement or corrections representative, whichever 15
occurs later. 16
(ii) Disclosure under this subsection is mandatory for the 17
purposes of the federal health insurance portability and 18
accountability act; 19
(f) To the attorney of the detained person; 20
(g) To the prosecuting attorney, including tribal prosecuting 21
attorney, as necessary to carry out the responsibilities of the 22
office under RCW 71.05.330(2), 71.05.340(1)(b), and 71.05.335. The 23
prosecutor, including tribal prosecutor, must be provided access to 24
records regarding the committed person's treatment and prognosis, 25
medication, behavior problems, and other records relevant to the 26
issue of whether treatment less restrictive than inpatient treatment 27
is in the best interest of the committed person or others. 28
Information must be disclosed only after giving notice to the 29
committed person and the person's counsel; 30
(h)(i) To appropriate law enforcement agencies, including tribal 31
law enforcement agencies, and to a person, when the identity of the 32
person is known to the public or private agency, whose health and 33
safety has been threatened, or who is known to have been repeatedly 34
harassed, by the patient. The person may designate a representative 35
to receive the disclosure. The disclosure must be made by the 36
professional person in charge of the public or private agency or his 37
or her designee and must include the dates of commitment, admission, 38
discharge, or release, authorized or unauthorized absence from the 39
agency's facility, and only any other information that is pertinent 40
p. 86 SB 6296
to the threat or harassment. The agency or its employees are not 1
civilly liable for the decision to disclose or not, so long as the 2
decision was reached in good faith and without gross negligence. 3
Nothing in this section shall be interpreted as a waiver of sovereign 4
immunity by a tribe. 5
(ii) Disclosure under this subsection is mandatory for the 6
purposes of the federal health insurance portability and 7
accountability act; 8
(i)(i) To appropriate corrections and law enforcement agencies, 9
including tribal corrections and law enforcement agencies, all 10
necessary and relevant information in the event of a crisis or 11
emergent situation that poses a significant and imminent risk to the 12
public. The mental health service agency or its employees are not 13
civilly liable for the decision to disclose or not so long as the 14
decision was reached in good faith and without gross negligence.15
(ii) Disclosure under this subsection is mandatory for the 16
purposes of the health insurance portability and accountability act;17
(j) To the persons designated in RCW 71.05.425 for the purposes 18
described in those sections; 19
(k) When the person receiving services has been committed for 20
treatment under chapter 71.05 RCW and is subject to a pending 21
criminal charge, in which case the following information may be 22
disclosed to the prosecuting attorney of the jurisdiction in which 23
the criminal charge against the person was filed and to the attorney 24
representing the person in the criminal matter for purposes of 25
coordination between civil and forensic mental health systems:26
(i) The fact, place, and date of an involuntary commitment and 27
the date of court hearings relating to the commitment;28
(ii) The anticipated date of discharge or release, and the fact 29
and date of discharge or release; and30
(iii) The last known address of the person who has been 31
committed;32
(l) By a care coordinator, including an Indian health care 33
provider, under RCW 71.05.585 or 10.77.575 assigned to a person 34
ordered to receive less restrictive alternative treatment for the 35
purpose of sharing information to parties necessary for the 36
implementation of proceedings under chapter 71.05 or 10.77 RCW;37
(((l))) (m) Upon the death of a person. The person's next of kin, 38
personal representative, guardian, or conservator, if any, must be 39
notified. Next of kin who are of legal age and competent must be 40
p. 87 SB 6296
notified under this section in the following order: Spouse, parents, 1
children, brothers and sisters, and other relatives according to the 2
degree of relation. Access to all records and information compiled, 3
obtained, or maintained in the course of providing services to a 4
deceased patient are governed by RCW 70.02.140; 5
(((m))) (n) To mark headstones or otherwise memorialize patients 6
interred at state hospital cemeteries. The department of social and 7
health services shall make available the name, date of birth, and 8
date of death of patients buried in state hospital cemeteries 9
((fifty)) 50 years after the death of a patient; 10
(((n))) (o) To law enforcement officers and to prosecuting 11
attorneys as are necessary to enforce RCW 9.41.040(2)(a)(iii). The 12
extent of information that may be released is limited as follows:13
(i) Only the fact, place, and date of involuntary commitment, an 14
official copy of any order or orders of commitment, and an official 15
copy of any written or oral notice of ineligibility to possess a 16
firearm that was provided to the person pursuant to RCW 9.41.047(1), 17
must be disclosed upon request; 18
(ii) The law enforcement and prosecuting attorneys may only 19
release the information obtained to the person's attorney as required 20
by court rule and to a jury or judge, if a jury is waived, that 21
presides over any trial at which the person is charged with violating 22
RCW 9.41.040(2)(a)(iii); 23
(iii) Tribal law enforcement officers and tribal prosecuting 24
attorneys who enforce tribal laws or tribal court orders similar to 25
RCW 9.41.040(2)(a)(v) may also receive confidential information in 26
accordance with this subsection; 27
(iv) Disclosure under this subsection is mandatory for the 28
purposes of the federal health insurance portability and 29
accountability act; 30
(((o))) (p) When a patient would otherwise be subject to the 31
provisions of this section and disclosure is necessary for the 32
protection of the patient or others due to his or her unauthorized 33
disappearance from the facility, and his or her whereabouts is 34
unknown, notice of the disappearance, along with relevant 35
information, may be made to relatives, the department of corrections 36
when the person is under the supervision of the department, and 37
governmental law enforcement agencies designated by the physician or 38
psychiatric advanced registered nurse practitioner in charge of the 39
p. 88 SB 6296
patient or the professional person in charge of the facility, or his 1
or her professional designee; 2
(((p))) (q) Pursuant to lawful order of a court, including a 3
tribal court; 4
(((q))) (r) To qualified staff members of the department, to the 5
authority, to behavioral health administrative services 6
organizations, to managed care organizations, to resource management 7
services responsible for serving a patient, or to service providers 8
designated by resource management services as necessary to determine 9
the progress and adequacy of treatment and to determine whether the 10
person should be transferred to a less restrictive or more 11
appropriate treatment modality or facility; 12
(((r))) (s) Within the mental health service agency or Indian 13
health care provider facility where the patient is receiving 14
treatment, confidential information may be disclosed to persons 15
employed, serving in bona fide training programs, or participating in 16
supervised volunteer programs, at the facility when it is necessary 17
to perform their duties; 18
(((s))) (t) Within the department and the authority as necessary 19
to coordinate treatment for mental illness, developmental 20
disabilities, or substance use disorder of persons who are under the 21
supervision of the department; 22
(((t))) (u) Between the department of social and health services, 23
the department of children, youth, and families, and the health care 24
authority as necessary to coordinate treatment for mental illness, 25
developmental disabilities, or substance use disorder of persons who 26
are under the supervision of the department of social and health 27
services or the department of children, youth, and families;28
(((u))) (v) To a licensed physician or psychiatric advanced 29
registered nurse practitioner who has determined that the life or 30
health of the person is in danger and that treatment without the 31
information and records related to mental health services could be 32
injurious to the patient's health. Disclosure must be limited to the 33
portions of the records necessary to meet the medical emergency;34
(((v))) (w)(i) Consistent with the requirements of the federal 35
health insurance portability and accountability act, to:36
(A) A health care provider, including an Indian health care 37
provider, who is providing care to a patient, or to whom a patient 38
has been referred for evaluation or treatment; or 39
p. 89 SB 6296
(B) Any other person who is working in a care coordinator role 1
for a health care facility, health care provider, or Indian health 2
care provider, or is under an agreement pursuant to the federal 3
health insurance portability and accountability act with a health 4
care facility or a health care provider and requires the information 5
and records to assure coordinated care and treatment of that patient.6
(ii) A person authorized to use or disclose information and 7
records related to mental health services under this subsection (2)8
(((v))) (w) must take appropriate steps to protect the information 9
and records relating to mental health services. 10
(iii) Psychotherapy notes may not be released without 11
authorization of the patient who is the subject of the request for 12
release of information; 13
(((w))) (x) To administrative and office support staff designated 14
to obtain medical records for those licensed professionals listed in 15
(((v))) (w) of this subsection; 16
(((x))) (y) To a facility that is to receive a person who is 17
involuntarily committed under chapter 71.05 RCW, or upon transfer of 18
the person from one evaluation and treatment facility to another. The 19
release of records under this subsection is limited to the 20
information and records related to mental health services required by 21
law, a record or summary of all somatic treatments, and a discharge 22
summary. The discharge summary may include a statement of the 23
patient's problem, the treatment goals, the type of treatment which 24
has been provided, and recommendation for future treatment, but may 25
not include the patient's complete treatment record;26
(((y))) (z) To the person's counsel or guardian ad litem, without 27
modification, at any time in order to prepare for involuntary 28
commitment or recommitment proceedings, reexaminations, appeals, or 29
other actions relating to detention, admission, commitment, or 30
patient's rights under chapter 71.05 RCW; 31
(((z))) (aa) To staff members of the protection and advocacy 32
agency or to staff members of a private, nonprofit corporation for 33
the purpose of protecting and advocating the rights of persons with 34
mental disorders or developmental disabilities. Resource management 35
services may limit the release of information to the name, birthdate, 36
and county of residence of the patient, information regarding whether 37
the patient was voluntarily admitted, or involuntarily committed, the 38
date and place of admission, placement, or commitment, the name and 39
address of a guardian of the patient, and the date and place of the 40
p. 90 SB 6296
guardian's appointment. Any staff member who wishes to obtain 1
additional information must notify the patient's resource management 2
services in writing of the request and of the resource management 3
services' right to object. The staff member shall send the notice by 4
mail to the guardian's address. If the guardian does not object in 5
writing within ((fifteen)) 15 days after the notice is mailed, the 6
staff member may obtain the additional information. If the guardian 7
objects in writing within ((fifteen)) 15 days after the notice is 8
mailed, the staff member may not obtain the additional information;9
(((aa))) (bb) To all current treating providers, including Indian 10
health care providers, of the patient with prescriptive authority who 11
have written a prescription for the patient within the last 12
((twelve)) 12 months. For purposes of coordinating health care, the 13
department or the authority may release without written authorization 14
of the patient, information acquired for billing and collection 15
purposes as described in RCW 70.02.050(1)(d). The department, or the 16
authority, if applicable, shall notify the patient that billing and 17
collection information has been released to named providers, and 18
provide the substance of the information released and the dates of 19
such release. Neither the department nor the authority may release 20
counseling, inpatient psychiatric hospitalization, or drug and 21
alcohol treatment information without a signed written release from 22
the client; 23
(((bb))) (cc)(i) To the secretary of social and health services 24
and the director of the health care authority for either program 25
evaluation or research, or both so long as the secretary or director, 26
where applicable, adopts rules for the conduct of the evaluation or 27
research, or both. Such rules must include, but need not be limited 28
to, the requirement that all evaluators and researchers sign an oath 29
of confidentiality substantially as follows: 30
"As a condition of conducting evaluation or research concerning 31
persons who have received services from (fill in the facility, 32
agency, or person) I, . . . . . ., agree not to divulge, publish, or 33
otherwise make known to unauthorized persons or the public any 34
information obtained in the course of such evaluation or research 35
regarding persons who have received services such that the person who 36
received such services is identifiable. 37
I recognize that unauthorized release of confidential information 38
may subject me to civil liability under the provisions of state law.39
p. 91 SB 6296
/s/ . . . . . ."1
(ii) Nothing in this chapter may be construed to prohibit the 2
compilation and publication of statistical data for use by government 3
or researchers under standards, including standards to assure 4
maintenance of confidentiality, set forth by the secretary, or 5
director, where applicable; 6
(((cc))) (dd) To any person if the conditions in RCW 70.02.205 7
are met; 8
(((dd))) (ee) To the secretary of health for the purposes of the 9
maternal mortality review panel established in RCW 70.54.450; or10
(((ee))) (ff) To a tribe or Indian health care provider to carry 11
out the requirements of RCW 71.05.150(5). 12
(3) Whenever federal law or federal regulations restrict the 13
release of information contained in the information and records 14
related to mental health services of any patient who receives 15
treatment for a substance use disorder, the department or the 16
authority may restrict the release of the information as necessary to 17
comply with federal law and regulations. 18
(4) Civil liability and immunity for the release of information 19
about a particular person who is committed to the department of 20
social and health services or the authority under RCW 71.05.280(3) 21
and 71.05.320(4)(c) after dismissal of a sex offense as defined in 22
RCW 9.94A.030, is governed by RCW 4.24.550. 23
(5) The fact of admission to a provider of mental health 24
services, as well as all records, files, evidence, findings, or 25
orders made, prepared, collected, or maintained pursuant to chapter 26
71.05 RCW are not admissible as evidence in any legal proceeding 27
outside that chapter without the written authorization of the person 28
who was the subject of the proceeding except as provided in RCW 29
70.02.260, in a subsequent criminal prosecution of a person committed 30
pursuant to RCW 71.05.280(3) or 71.05.320(4)(c) on charges that were 31
dismissed pursuant to chapter 10.77 RCW due to incompetency to stand 32
trial, in a civil commitment proceeding pursuant to chapter 71.09 33
RCW, or, in the case of a minor, a guardianship or dependency 34
proceeding. The records and files maintained in any court proceeding 35
pursuant to chapter 71.05 RCW must be confidential and available 36
subsequent to such proceedings in accordance with RCW 71.05.620. In 37
addition, the court may order the subsequent release or use of such 38
records or files only upon good cause shown if the court finds that 39
p. 92 SB 6296
appropriate safeguards for strict confidentiality are and will be 1
maintained. 2
(6)(a) Except as provided in RCW 4.24.550, any person may bring 3
an action against an individual who has willfully released 4
confidential information or records concerning him or her in 5
violation of the provisions of this section, for the greater of the 6
following amounts: 7
(i) ((One thousand dollars)) $1,000; or 8
(ii) Three times the amount of actual damages sustained, if any.9
(b) It is not a prerequisite to recovery under this subsection 10
that the plaintiff suffered or was threatened with special, as 11
contrasted with general, damages. 12
(c) Any person may bring an action to enjoin the release of 13
confidential information or records concerning him or her or his or 14
her ward, in violation of the provisions of this section, and may in 15
the same action seek damages as provided in this subsection.16
(d) The court may award to the plaintiff, should he or she 17
prevail in any action authorized by this subsection, reasonable 18
attorney fees in addition to those otherwise provided by law.19
(e) If an action is brought under this subsection, no action may 20
be brought under RCW 70.02.170. 21
Sec. 37. RCW 70.02.230 and 2025 c 58 s 5129 are each amended to 22
read as follows: 23
(1) The fact of admission to a provider for mental health 24
services and all information and records compiled, obtained, or 25
maintained in the course of providing mental health services to 26
either voluntary or involuntary recipients of services at public or 27
private agencies may not be disclosed except as provided in this 28
section, RCW 70.02.050, 71.05.445, 74.09.295, 70.02.210, 70.02.240, 29
70.02.250, 70.02.260, and 70.02.265, or pursuant to a valid 30
authorization under RCW 70.02.030. 31
(2) Information and records related to mental health services, 32
other than those obtained through treatment under chapter 71.34 RCW, 33
may be disclosed: 34
(a) In communications between qualified professional persons to 35
meet the requirements of chapter 71.05 RCW, including Indian health 36
care providers, in the provision of services or appropriate 37
referrals, or in the course of guardianship proceedings if provided 38
to a professional person: 39
p. 93 SB 6296
(i) Employed by the facility; 1
(ii) Who has medical responsibility for the patient's care;2
(iii) Who is a designated crisis responder; 3
(iv) Who is providing services under chapter 71.24 RCW;4
(v) Who is employed by a state or local correctional facility 5
where the person is confined or supervised; or 6
(vi) Who is providing evaluation, treatment, or follow-up 7
services under chapter 10.77 RCW; 8
(b) When the communications regard the special needs of a patient 9
and the necessary circumstances giving rise to such needs and the 10
disclosure is made by a facility providing services to the operator 11
of a facility in which the patient resides or will reside;12
(c)(i) When the person receiving services, or his or her 13
guardian, designates persons to whom information or records may be 14
released, or if the person is a minor, when his or her parents make 15
such a designation; 16
(ii) A public or private agency shall release to a person's next 17
of kin, attorney, personal representative, guardian, or conservator, 18
if any: 19
(A) The information that the person is presently a patient in the 20
facility or that the person is seriously physically ill;21
(B) A statement evaluating the mental and physical condition of 22
the patient, and a statement of the probable duration of the 23
patient's confinement, if such information is requested by the next 24
of kin, attorney, personal representative, guardian, or conservator; 25
and 26
(iii) Other information requested by the next of kin or attorney 27
as may be necessary to decide whether or not proceedings should be 28
instituted to appoint a guardian or conservator; 29
(d)(i) To the courts, including tribal courts, as necessary to 30
the administration of chapter 71.05 RCW, or equivalent proceedings in 31
tribal courts, or to a court ordering an evaluation or treatment 32
under chapter 10.77 RCW solely for the purpose of preventing the 33
entry of any evaluation or treatment order that is inconsistent with 34
any order entered under chapter 71.05 RCW. 35
(ii) To a court or its designee in which a motion under chapter 36
10.77 RCW has been made for involuntary medication of a defendant for 37
the purpose of competency restoration. 38
p. 94 SB 6296
(iii) Disclosure under this subsection is mandatory for the 1
purpose of the federal health insurance portability and 2
accountability act; 3
(e)(i) When a mental health professional or designated crisis 4
responder is requested by a representative of a law enforcement or 5
corrections agency, including a police officer, sheriff, community 6
corrections officer, a municipal attorney, or prosecuting attorney to 7
undertake an investigation or provide treatment under RCW 71.05.150, 8
10.31.110, or 71.05.153, the mental health professional or designated 9
crisis responder shall, if requested to do so, advise the 10
representative in writing of the results of the investigation 11
including a statement of reasons for the decision to detain or 12
release the person investigated. The written report must be submitted 13
within 72 hours of the completion of the investigation or the request 14
from the law enforcement or corrections representative, whichever 15
occurs later. 16
(ii) Disclosure under this subsection is mandatory for the 17
purposes of the federal health insurance portability and 18
accountability act; 19
(f) To the attorney of the detained person; 20
(g) To the prosecuting attorney, including tribal prosecuting 21
attorney, as necessary to carry out the responsibilities of the 22
office under RCW 71.05.330(2), 71.05.340(1)(b), and 71.05.335. The 23
prosecutor, including tribal prosecutor, must be provided access to 24
records regarding the committed person's treatment and prognosis, 25
medication, behavior problems, and other records relevant to the 26
issue of whether treatment less restrictive than inpatient treatment 27
is in the best interest of the committed person or others. 28
Information must be disclosed only after giving notice to the 29
committed person and the person's counsel; 30
(h)(i) To appropriate law enforcement agencies, including tribal 31
law enforcement agencies, and to a person, when the identity of the 32
person is known to the public or private agency, whose health and 33
safety has been threatened, or who is known to have been repeatedly 34
harassed, by the patient. The person may designate a representative 35
to receive the disclosure. The disclosure must be made by the 36
professional person in charge of the public or private agency or his 37
or her designee and must include the dates of commitment, admission, 38
discharge, or release, authorized or unauthorized absence from the 39
agency's facility, and only any other information that is pertinent 40
p. 95 SB 6296
to the threat or harassment. The agency or its employees are not 1
civilly liable for the decision to disclose or not, so long as the 2
decision was reached in good faith and without gross negligence. 3
Nothing in this section shall be interpreted as a waiver of sovereign 4
immunity by a tribe. 5
(ii) Disclosure under this subsection is mandatory for the 6
purposes of the federal health insurance portability and 7
accountability act; 8
(i)(i) To appropriate corrections and law enforcement agencies, 9
including tribal corrections and law enforcement agencies, all 10
necessary and relevant information in the event of a crisis or 11
emergent situation that poses a significant and imminent risk to the 12
public. The mental health service agency or its employees are not 13
civilly liable for the decision to disclose or not so long as the 14
decision was reached in good faith and without gross negligence.15
(ii) Disclosure under this subsection is mandatory for the 16
purposes of the health insurance portability and accountability act;17
(j) To the persons designated in RCW 71.05.425 for the purposes 18
described in those sections; 19
(k) When the person receiving services has been committed for 20
treatment under chapter 71.05 RCW and is subject to a pending 21
criminal charge, in which case the following information may be 22
disclosed to the prosecuting attorney of the jurisdiction in which 23
the criminal charge against the person was filed and to the attorney 24
representing the person in the criminal matter for purposes of 25
coordination between civil and forensic mental health systems:26
(i) The fact, place, and date of an involuntary commitment and 27
the date of court hearings relating to the commitment;28
(ii) The anticipated date of discharge or release, and the fact 29
and date of discharge or release; and30
(iii) The last known address of the person who has been 31
committed;32
(l) By a care coordinator, including an Indian health care 33
provider, under RCW 71.05.585 or 10.77.575 assigned to a person 34
ordered to receive less restrictive alternative treatment for the 35
purpose of sharing information to parties necessary for the 36
implementation of proceedings under chapter 71.05 or 10.77 RCW;37
(((l))) (m) Upon the death of a person. The person's next of kin, 38
personal representative, guardian, or conservator, if any, must be 39
notified. Next of kin who are of legal age and competent must be 40
p. 96 SB 6296
notified under this section in the following order: Spouse, parents, 1
children, brothers and sisters, and other relatives according to the 2
degree of relation. Access to all records and information compiled, 3
obtained, or maintained in the course of providing services to a 4
deceased patient are governed by RCW 70.02.140; 5
(((m))) (n) To mark headstones or otherwise memorialize patients 6
interred at state hospital cemeteries. The department of social and 7
health services shall make available the name, date of birth, and 8
date of death of patients buried in state hospital cemeteries 9
((fifty)) 50 years after the death of a patient; 10
(((n))) (o) To law enforcement officers and to prosecuting 11
attorneys as are necessary to enforce RCW 9.41.040(2)(a)(iii). The 12
extent of information that may be released is limited as follows:13
(i) Only the fact, place, and date of involuntary commitment, an 14
official copy of any order or orders of commitment, and an official 15
copy of any written or oral notice of ineligibility to possess a 16
firearm that was provided to the person pursuant to RCW 9.41.047(1), 17
must be disclosed upon request; 18
(ii) The law enforcement and prosecuting attorneys may only 19
release the information obtained to the person's attorney as required 20
by court rule and to a jury or judge, if a jury is waived, that 21
presides over any trial at which the person is charged with violating 22
RCW 9.41.040(2)(a)(iii); 23
(iii) Tribal law enforcement officers and tribal prosecuting 24
attorneys who enforce tribal laws or tribal court orders similar to 25
RCW 9.41.040(2)(a)(v) may also receive confidential information in 26
accordance with this subsection; 27
(iv) Disclosure under this subsection is mandatory for the 28
purposes of the federal health insurance portability and 29
accountability act; 30
(((o))) (p) When a patient would otherwise be subject to the 31
provisions of this section and disclosure is necessary for the 32
protection of the patient or others due to his or her unauthorized 33
disappearance from the facility, and his or her whereabouts is 34
unknown, notice of the disappearance, along with relevant 35
information, may be made to relatives, the department of corrections 36
when the person is under the supervision of the department, and 37
governmental law enforcement agencies designated by the physician or 38
psychiatric advanced practice registered nurse in charge of the 39
p. 97 SB 6296
patient or the professional person in charge of the facility, or his 1
or her professional designee; 2
(((p))) (q) Pursuant to lawful order of a court, including a 3
tribal court; 4
(((q))) (r) To qualified staff members of the department, to the 5
authority, to behavioral health administrative services 6
organizations, to managed care organizations, to resource management 7
services responsible for serving a patient, or to service providers 8
designated by resource management services as necessary to determine 9
the progress and adequacy of treatment and to determine whether the 10
person should be transferred to a less restrictive or more 11
appropriate treatment modality or facility; 12
(((r))) (s) Within the mental health service agency or Indian 13
health care provider facility where the patient is receiving 14
treatment, confidential information may be disclosed to persons 15
employed, serving in bona fide training programs, or participating in 16
supervised volunteer programs, at the facility when it is necessary 17
to perform their duties; 18
(((s))) (t) Within the department and the authority as necessary 19
to coordinate treatment for mental illness, developmental 20
disabilities, or substance use disorder of persons who are under the 21
supervision of the department; 22
(((t))) (u) Between the department of social and health services, 23
the department of children, youth, and families, and the health care 24
authority as necessary to coordinate treatment for mental illness, 25
developmental disabilities, or substance use disorder of persons who 26
are under the supervision of the department of social and health 27
services or the department of children, youth, and families;28
(((u))) (v) To a licensed physician or psychiatric advanced 29
practice registered nurse who has determined that the life or health 30
of the person is in danger and that treatment without the information 31
and records related to mental health services could be injurious to 32
the patient's health. Disclosure must be limited to the portions of 33
the records necessary to meet the medical emergency;34
(((v))) (w)(i) Consistent with the requirements of the federal 35
health insurance portability and accountability act, to:36
(A) A health care provider, including an Indian health care 37
provider, who is providing care to a patient, or to whom a patient 38
has been referred for evaluation or treatment; or 39
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(B) Any other person who is working in a care coordinator role 1
for a health care facility, health care provider, or Indian health 2
care provider, or is under an agreement pursuant to the federal 3
health insurance portability and accountability act with a health 4
care facility or a health care provider and requires the information 5
and records to assure coordinated care and treatment of that patient.6
(ii) A person authorized to use or disclose information and 7
records related to mental health services under this subsection (2)8
(((v))) (w) must take appropriate steps to protect the information 9
and records relating to mental health services. 10
(iii) Psychotherapy notes may not be released without 11
authorization of the patient who is the subject of the request for 12
release of information; 13
(((w))) (x) To administrative and office support staff designated 14
to obtain medical records for those licensed professionals listed in 15
(((v))) (w) of this subsection; 16
(((x))) (y) To a facility that is to receive a person who is 17
involuntarily committed under chapter 71.05 RCW, or upon transfer of 18
the person from one evaluation and treatment facility to another. The 19
release of records under this subsection is limited to the 20
information and records related to mental health services required by 21
law, a record or summary of all somatic treatments, and a discharge 22
summary. The discharge summary may include a statement of the 23
patient's problem, the treatment goals, the type of treatment which 24
has been provided, and recommendation for future treatment, but may 25
not include the patient's complete treatment record;26
(((y))) (z) To the person's counsel or guardian ad litem, without 27
modification, at any time in order to prepare for involuntary 28
commitment or recommitment proceedings, reexaminations, appeals, or 29
other actions relating to detention, admission, commitment, or 30
patient's rights under chapter 71.05 RCW; 31
(((z))) (aa) To staff members of the protection and advocacy 32
agency or to staff members of a private, nonprofit corporation for 33
the purpose of protecting and advocating the rights of persons with 34
mental disorders or developmental disabilities. Resource management 35
services may limit the release of information to the name, birthdate, 36
and county of residence of the patient, information regarding whether 37
the patient was voluntarily admitted, or involuntarily committed, the 38
date and place of admission, placement, or commitment, the name and 39
address of a guardian of the patient, and the date and place of the 40
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guardian's appointment. Any staff member who wishes to obtain 1
additional information must notify the patient's resource management 2
services in writing of the request and of the resource management 3
services' right to object. The staff member shall send the notice by 4
mail to the guardian's address. If the guardian does not object in 5
writing within ((fifteen)) 15 days after the notice is mailed, the 6
staff member may obtain the additional information. If the guardian 7
objects in writing within ((fifteen)) 15 days after the notice is 8
mailed, the staff member may not obtain the additional information;9
(((aa))) (bb) To all current treating providers, including Indian 10
health care providers, of the patient with prescriptive authority who 11
have written a prescription for the patient within the last 12
((twelve)) 12 months. For purposes of coordinating health care, the 13
department or the authority may release without written authorization 14
of the patient, information acquired for billing and collection 15
purposes as described in RCW 70.02.050(1)(d). The department, or the 16
authority, if applicable, shall notify the patient that billing and 17
collection information has been released to named providers, and 18
provide the substance of the information released and the dates of 19
such release. Neither the department nor the authority may release 20
counseling, inpatient psychiatric hospitalization, or drug and 21
alcohol treatment information without a signed written release from 22
the client; 23
(((bb))) (cc)(i) To the secretary of social and health services 24
and the director of the health care authority for either program 25
evaluation or research, or both so long as the secretary or director, 26
where applicable, adopts rules for the conduct of the evaluation or 27
research, or both. Such rules must include, but need not be limited 28
to, the requirement that all evaluators and researchers sign an oath 29
of confidentiality substantially as follows: 30
"As a condition of conducting evaluation or research concerning 31
persons who have received services from (fill in the facility, 32
agency, or person) I, . . . . . ., agree not to divulge, publish, or 33
otherwise make known to unauthorized persons or the public any 34
information obtained in the course of such evaluation or research 35
regarding persons who have received services such that the person who 36
received such services is identifiable. 37
I recognize that unauthorized release of confidential information 38
may subject me to civil liability under the provisions of state law.39
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/s/ . . . . . ."1
(ii) Nothing in this chapter may be construed to prohibit the 2
compilation and publication of statistical data for use by government 3
or researchers under standards, including standards to assure 4
maintenance of confidentiality, set forth by the secretary, or 5
director, where applicable; 6
(((cc))) (dd) To any person if the conditions in RCW 70.02.205 7
are met; 8
(((dd))) (ee) To the secretary of health for the purposes of the 9
maternal mortality review panel established in RCW 70.54.450; or10
(((ee))) (ff) To a tribe or Indian health care provider to carry 11
out the requirements of RCW 71.05.150(5). 12
(3) Whenever federal law or federal regulations restrict the 13
release of information contained in the information and records 14
related to mental health services of any patient who receives 15
treatment for a substance use disorder, the department or the 16
authority may restrict the release of the information as necessary to 17
comply with federal law and regulations. 18
(4) Civil liability and immunity for the release of information 19
about a particular person who is committed to the department of 20
social and health services or the authority under RCW 71.05.280(3) 21
and 71.05.320(4)(c) after dismissal of a sex offense as defined in 22
RCW 9.94A.030, is governed by RCW 4.24.550. 23
(5) The fact of admission to a provider of mental health 24
services, as well as all records, files, evidence, findings, or 25
orders made, prepared, collected, or maintained pursuant to chapter 26
71.05 RCW are not admissible as evidence in any legal proceeding 27
outside that chapter without the written authorization of the person 28
who was the subject of the proceeding except as provided in RCW 29
70.02.260, in a subsequent criminal prosecution of a person committed 30
pursuant to RCW 71.05.280(3) or 71.05.320(4)(c) on charges that were 31
dismissed pursuant to chapter 10.77 RCW due to incompetency to stand 32
trial, in a civil commitment proceeding pursuant to chapter 71.09 33
RCW, or, in the case of a minor, a guardianship or dependency 34
proceeding. The records and files maintained in any court proceeding 35
pursuant to chapter 71.05 RCW must be confidential and available 36
subsequent to such proceedings in accordance with RCW 71.05.620. In 37
addition, the court may order the subsequent release or use of such 38
records or files only upon good cause shown if the court finds that 39
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appropriate safeguards for strict confidentiality are and will be 1
maintained. 2
(6)(a) Except as provided in RCW 4.24.550, any person may bring 3
an action against an individual who has willfully released 4
confidential information or records concerning him or her in 5
violation of the provisions of this section, for the greater of the 6
following amounts: 7
(i) ((One thousand dollars)) $1,000; or 8
(ii) Three times the amount of actual damages sustained, if any.9
(b) It is not a prerequisite to recovery under this subsection 10
that the plaintiff suffered or was threatened with special, as 11
contrasted with general, damages. 12
(c) Any person may bring an action to enjoin the release of 13
confidential information or records concerning him or her or his or 14
her ward, in violation of the provisions of this section, and may in 15
the same action seek damages as provided in this subsection.16
(d) The court may award to the plaintiff, should he or she 17
prevail in any action authorized by this subsection, reasonable 18
attorney fees in addition to those otherwise provided by law.19
(e) If an action is brought under this subsection, no action may 20
be brought under RCW 70.02.170. 21
NEW SECTION. Sec. 38. A new section is added to chapter 70.41 22
RCW to read as follows: 23
(1) By January 1, 2028, the department shall develop protocols 24
that address when a hospital should summon a designated crisis 25
responder to conduct an evaluation under chapter 71.05 or 71.34 RCW 26
of a patient who presents behaviors or symptoms that indicate the 27
patient may be exhibiting signs of a behavioral health disorder and 28
as a result may pose a danger to self or others or may be gravely 29
disabled. In developing the protocols, the department shall consult 30
with the health care authority, an association that represents 31
designated crisis responders, the Washington state hospital 32
association, and other appropriate stakeholders. The protocols shall 33
address: 34
(a) Standards for assessing patients who present with behaviors 35
or symptoms that indicate the person may have a mental health 36
disorder, substance use disorder, or co-occurring disorders, 37
including timelines for conducting the assessment; and38
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(b) Clinical presentations, collateral information, and other 1
circumstances that warrant summoning a designated crisis responder to 2
conduct an evaluation of the patient, and timelines for initiating 3
the summons. 4
(2) By July 1, 2028, hospitals shall comply with the protocols 5
established by the department under this section. A hospital that 6
fails to summon a designated crisis responder over the objection of a 7
person who has knowledge of the patient's behavior must inform the 8
person of the process for filing a complaint with the department.9
(3) The department shall promptly investigate any complaint 10
alleging that a hospital failed to summon a designated crisis 11
responder when warranted, and shall take enforcement action under RCW 12
70.41.130 if the department determines a hospital failed to summon a 13
designated crisis responder in accordance with standards established 14
in the protocols. 15
NEW SECTION. Sec. 39. Except for sections 4, 21, 27, 32, 35, 16
and 37 of this act, this act takes effect July 1, 2026.17
NEW SECTION. Sec. 40. Sections 3, 20, 31, 34, and 36 of this 18
act expire June 30, 2027.19
NEW SECTION. Sec. 41. Sections 4, 21, 32, 35, and 37 of this 20
act take effect June 30, 2027.21
NEW SECTION. Sec. 42. Section 26 of this act expires when 22
section 27 of this act takes effect.23
NEW SECTION. Sec. 43. Section 27 of this act takes effect when 24
the contingency in section 27, chapter 433, Laws of 2023 takes 25
effect.26
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