(1) A parent may bring, or authorize the
bringing of, his or her minor child to an evaluation and
treatment facility or an inpatient facility licensed under
chapter 70.41, 71.12, or 72.23 RCW and request that the
professional person examine the minor to determine whether the
minor has a mental disorder and is in need of inpatient
treatment.
(2) The consent of the minor is not required for admission,
evaluation, and treatment if the parent brings the minor to the
facility.
(3) An appropriately trained professional person may
evaluate whether the minor has a mental disorder. The evaluation
shall be completed within twenty-four hours of the time the minor
was brought to the facility, unless the professional person
determines that the condition of the minor necessitates
additional time for evaluation. In no event shall a minor be
held longer than seventy-two hours for evaluation. If, in the
judgment of the professional person, it is determined it is a
medical necessity for the minor to receive inpatient treatment,
the minor may be held for treatment. The facility shall limit
treatment to that which the professional person determines is
medically necessary to stabilize the minor's condition until the
evaluation has been completed. Within twenty-four hours of
completion of the evaluation, the professional person shall
notify the department if the child is held for treatment and of
the date of admission.
(4) No provider is obligated to provide treatment to a minor
under the provisions of this section except that no provider may
refuse to treat a minor under the provisions of this section
solely on the basis that the minor has not consented to the
treatment. No provider may admit a minor to treatment under this
section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this
section may be discharged from the facility based solely on his
or her request.
(6) Prior to the review conducted under RCW 71.34.610, the
professional person shall notify the minor of his or her right to
petition superior court for release from the facility.
(7) For the purposes of this section "professional person"
means "professional person" as defined in RCW 71.05.020.
[2007 c 375 § 11; 2005 c 371 § 4; 1998 c 296 § 17. Formerly RCW 71.34.052.]
NOTES:
Findings -- Purpose -- Construction -- Severability -- 2007 c 375: See notes following RCW 10.31.110.
Finding -- Intent--2005 c 371: "The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents." [2005 c 371 § 1.]
Severability -- 2005 c 371: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2005 c 371 § 7.]
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes following RCW 74.13.025.