(1) When a designated
mental health professional receives information alleging that a
person, as a result of a mental disorder: (i) Presents a
likelihood of serious harm; or (ii) is gravely disabled; the
designated mental health professional may, after investigation
and evaluation of the specific facts alleged and of the
reliability and credibility of any person providing information
to initiate detention, if satisfied that the allegations are true
and that the person will not voluntarily seek appropriate
treatment, file a petition for initial detention. Before filing
the petition, the designated mental health professional must
personally interview the person, unless the person refuses an
interview, and determine whether the person will voluntarily
receive appropriate evaluation and treatment at an evaluation and
treatment facility or in a crisis stabilization unit.
(2)(a) An order to detain to a designated evaluation and
treatment facility for not more than a seventy-two-hour
evaluation and treatment period may be issued by a judge of the
superior court upon request of a designated mental health
professional, whenever it appears to the satisfaction of a judge
of the superior court:
(i) That there is probable cause to support the petition;
and
(ii) That the person has refused or failed to accept
appropriate evaluation and treatment voluntarily.
(b) The petition for initial detention, signed under penalty
of perjury, or sworn telephonic testimony may be considered by
the court in determining whether there are sufficient grounds for
issuing the order.
(c) The order shall designate retained counsel or, if
counsel is appointed from a list provided by the court, the name,
business address, and telephone number of the attorney appointed
to represent the person.
(3) The designated mental health professional shall then
serve or cause to be served on such person, his or her guardian,
and conservator, if any, a copy of the order together with a
notice of rights, and a petition for initial detention. After
service on such person the designated mental health professional
shall file the return of service in court and provide copies of
all papers in the court file to the evaluation and treatment
facility and the designated attorney. The designated mental
health professional shall notify the court and the prosecuting
attorney that a probable cause hearing will be held within
seventy-two hours of the date and time of outpatient evaluation
or admission to the evaluation and treatment facility. The
person shall be permitted to be accompanied by one or more of his
or her relatives, friends, an attorney, a personal physician, or
other professional or religious advisor to the place of
evaluation. An attorney accompanying the person to the place of
evaluation shall be permitted to be present during the admission
evaluation. Any other individual accompanying the person may be
present during the admission evaluation. The facility may
exclude the individual if his or her presence would present a
safety risk, delay the proceedings, or otherwise interfere with
the evaluation.
(4) The designated mental health professional may notify a
peace officer to take such person or cause such person to be
taken into custody and placed in an evaluation and treatment
facility. At the time such person is taken into custody there
shall commence to be served on such person, his or her guardian,
and conservator, if any, a copy of the original order together
with a notice of rights and a petition for initial detention.
[2007 c 375 § 7; 1998 c 297 § 8; 1997 c 112 § 8; 1984 c 233 § 1; 1979 ex.s. c 215 § 9; 1975 1st ex.s. c 199 § 3; 1974 ex.s. c 145 § 8; 1973 1st ex.s. c 142 § 20.]
NOTES:
Findings -- Purpose -- Construction -- Severability -- 2007 c 375: See notes following RCW 10.31.110.
Captions not law -- 2007 c 375: See note following RCW 10.77.084.
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.