(1) At any time during a person's
fourteen day intensive treatment period, the professional person
in charge of a treatment facility or his or her professional
designee or the *county designated mental health professional
may petition the superior court for an order requiring such
person to undergo an additional period of treatment. Such
petition must be based on one or more of the grounds set forth in
RCW 71.05.280.
(2) The petition shall summarize the facts which support the
need for further confinement and shall be supported by affidavits
signed by two examining physicians, or by one examining physician
and examining mental health professional. The affidavits shall
describe in detail the behavior of the detained person which
supports the petition and shall explain what, if any, less
restrictive treatments which are alternatives to detention are
available to such person, and shall state the willingness of the
affiant to testify to such facts in subsequent judicial
proceedings under this chapter.
(3) If a person has been determined to be incompetent
pursuant to **RCW 10.77.090(4), then the professional person in
charge of the treatment facility or his or her professional
designee or the *county designated mental health professional
may directly file a petition for one hundred eighty day treatment
under RCW 71.05.280(3). No petition for initial detention or
fourteen day detention is required before such a petition may be
filed.
[1998 c 297 § 16; 1997 c 112 § 24; 1986 c 67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20; 1973 1st ex.s. c 142 § 34.]
NOTES:
Reviser's note: *(1) The term "county designated mental
health professional" as defined in RCW 71.05.020 was changed to
"designated mental health professional" by 2005 c 504 § 104.
**(2) RCW 10.77.090 was repealed by 2007 c 375 § 17. Later
enactment, see RCW 10.77.086.
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.