11.92.190 - Detention of person in residential placement facility against will prohibited -- Effect of court order -- Service of notice of residential placement.

Detention of person in residential placement facility against will prohibited — Effect of court order — Service of notice of residential placement.

No residential treatment facility which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77, 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an incapacitated person shall be void and of no force or effect. This section does not apply to the detention of a minor as provided in chapter 70.96A or 71.34 RCW.

     Nothing in this section shall be construed to require a court order authorizing placement of an incapacitated person in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an incapacitated person shall be served, either before or after placement, by the guardian or limited guardian on such person, the guardian ad litem of record, and any attorney of record.

[1996 c 249 § 11; 1977 ex.s. c 309 § 14.]

Notes: Intent -- 1996 c 249: See note following RCW 2.56.030.

Severability -- 1977 ex.s. c 309: See note following RCW 11.88.005.