71.34.710 - Minor thirteen or older who presents likelihood of serious harm or is gravely disabled -- Transport to inpatient facility -- Petition for initial detention -- Notice of commitment hearing

Minor thirteen or older who presents likelihood of serious harm or is gravely disabled — Transport to inpatient facility — Petition for initial detention — Notice of commitment hearing — Facility to evaluate and admit or release minor.

(1) When a *county-designated mental health professional receives information that a minor, thirteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has determined that voluntary admission for inpatient treatment is not possible, the *county-designated mental health professional may take the minor, or cause the minor to be taken, into custody and transported to an evaluation and treatment facility providing inpatient treatment.

     If the minor is not taken into custody for evaluation and treatment, the parent who has custody of the minor may seek review of that decision made by the *county designated mental health professional in court. The parent shall file notice with the court and provide a copy of the *county designated mental health professional's report or notes.

     (2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the *county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The *county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The *county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.

     (3) At the time of initial detention, the *county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.

     The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.

     (4) Whenever the *county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.

     (5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.

[1995 c 312 § 53; 1985 c 354 § 5. Formerly RCW 71.34.050.]

Notes: *Reviser's note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental health professional" by 2006 c 93 § 2.

Short title -- 1995 c 312: See note following RCW 13.32A.010.