(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.