(1) At any time during
the minor's period of fourteen-day commitment, the professional
person in charge may petition the court for an order requiring
the minor to undergo an additional one hundred eighty-day period
of treatment. The evidence in support of the petition shall be
presented by the county prosecutor unless the petition is filed
by the professional person in charge of a state-operated facility
in which case the evidence shall be presented by the attorney
general.
(2) The petition for one hundred eighty-day commitment shall
contain the following:
(a) The name and address of the petitioner or petitioners;
(b) The name of the minor alleged to meet the criteria for
one hundred eighty-day commitment;
(c) A statement that the petitioner is the professional
person in charge of the evaluation and treatment facility
responsible for the treatment of the minor;
(d) The date of the fourteen-day commitment order; and
(e) A summary of the facts supporting the petition.
(3) The petition shall be supported by accompanying
affidavits signed by two examining physicians, one of whom shall
be a child psychiatrist, or by one examining physician and one
children's mental health specialist. The affidavits shall
describe in detail the behavior of the detained minor which
supports the petition and shall state whether a less restrictive
alternative to inpatient treatment is in the best interests of
the minor.
(4) The petition for one hundred eighty-day commitment shall
be filed with the clerk of the court at least three days before
the expiration of the fourteen-day commitment period. The
petitioner or the petitioner's designee shall within twenty-four
hours of filing serve a copy of the petition on the minor and
notify the minor's attorney and the minor's parent. A copy of
the petition shall be provided to such persons at least
twenty-four hours prior to the hearing.
(5) At the time of filing, the court shall set a date within
seven days for the hearing on the petition. The court may
continue the hearing upon the written request of the minor or the
minor's attorney for not more than ten days. The minor or the
parents shall be afforded the same rights as in a fourteen-day
commitment hearing. Treatment of the minor shall continue
pending the proceeding.
(6) For one hundred eighty-day commitment, the court must
find by clear, cogent, and convincing evidence that the minor:
(a) Is suffering from a mental disorder;
(b) Presents a likelihood of serious harm or is gravely
disabled; and
(c) Is in need of further treatment that only can be
provided in a one hundred eighty-day commitment.
(7) If the court finds that the criteria for commitment are
met and that less restrictive treatment in a community setting is
not appropriate or available, the court shall order the minor
committed for further inpatient treatment to the custody of the
secretary or to a private treatment and evaluation facility if
the minor's parents have assumed responsibility for payment for
the treatment. If the court finds that a less restrictive
alternative is in the best interest of the minor, the court shall
order less restrictive alternative treatment upon such conditions
as necessary.
If the court determines that the minor does not meet the
criteria for one hundred eighty-day commitment, the minor shall
be released.
(8) Successive one hundred eighty-day commitments are
permissible on the same grounds and under the same procedures as
the original one hundred eighty-day commitment. Such petitions
shall be filed at least five days prior to the expiration of the
previous one hundred eighty-day commitment order.
[1985 c 354 § 9. Formerly RCW 71.34.090.]