5073-S AMH DAVI H1515.1
SSB 5073 - H AMD TO APP COMM AMD (H-1481.1/21) 643
By Representative Davis
ADOPTED 04/07/2021
On page 3, beginning on line 21, after "(5)" strike all material through "(6)" on line 27 and insert "((An Indian tribe shall have jurisdiction exclusive to the state as to any involuntary commitment of an American Indian or Alaska Native to an evaluation and treatment facility located within the boundaries of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, or the tribe has expressly declined to exercise its exclusive jurisdiction.
(6)))"
Renumber the remaining subsection consecutively and correct any internal references accordingly.
On page 3, line 35, after "tribe" strike "or" and insert "((or)) and"
On page 6, beginning on line 8, after "(5)" strike all material through "(6)" on line 14 and insert "((An Indian tribe shall have jurisdiction exclusive to the state as to any involuntary commitment of an American Indian or Alaska Native to an evaluation and treatment facility located within the boundaries of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, or the tribe has expressly declined to exercise its exclusive jurisdiction.
(6)))"
Renumber the remaining subsection consecutively and correct any internal references accordingly.
On page 6, line 22, after "tribe" strike "or" and insert "((or)) and"
On page 9, after line 39, insert the following:
Sec. 5. "RCW 71.05.203 and 2019 c 325 s 3006 are each amended to read as follows:
(1) The authority and each behavioral health administrative services organization or agency employing designated crisis responders shall publish information in an easily accessible format describing the process for an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to petition for court review of a detention decision under RCW 71.05.201.
(2) A designated crisis responder or designated crisis responder agency that receives a request for investigation for possible detention under this chapter must inquire whether the request comes from an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who would be eligible to petition under RCW 71.05.201. If the designated crisis responder decides not to detain the person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or forty-eight hours have elapsed since the request for investigation was received and the designated crisis responder has not taken action to have the person detained, the designated crisis responder or designated crisis responder agency must inform the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who made the request for investigation about the process to petition for court review under RCW 71.05.201 and, to the extent feasible, provide the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, with written or electronic information about the petition process. Information provided to a federally recognized Indian tribe shall be sent to the tribal contact listed in the authority's tribal crisis coordination plan. If provision of written or electronic information is not feasible, the designated crisis responder or designated crisis responder agency must refer the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to a website where published information on the petition process may be accessed. The designated crisis responder or designated crisis responder agency must document the manner and date on which the information required under this subsection was provided to the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe.
(3) A designated crisis responder or designated crisis responder agency must, upon request, disclose the date of a designated crisis responder investigation under this chapter to an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, of a person to assist in the preparation of a petition under RCW 71.05.201."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 122, after line 8, insert the following:
Sec. 29. "RCW 71.34.705 and 2020 c 302 s 80 are each amended to read as follows:
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding:
(a) Historical behavior, including history of one or more violent acts; and
(b) Prior commitments under this chapter.
(2) Credible witnesses may include family members, landlords, neighbors, teachers, school personnel, or others with significant contact and history of involvement with the minor. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the minor, then he or she must provide contact information for any such witness to the prosecutor. The designated crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
(3) Symptoms and behavior of the minor which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, when:
(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;
(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the minor; and
(c) Without treatment, the continued deterioration of the minor is probable.
(4) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission of Washington state, shall establish written guidelines by June 30, 2022, for conducting culturally appropriate evaluations of American Indians or Alaska Natives."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 122, at the beginning of line 31, insert ", or a federally recognized Indian tribe if the person is a member of such tribe,"
On page 124, after line 28, insert the following:
"(8) Tribal court orders for involuntary commitment shall be recognized and enforced in accordance with superior court civil rule 82.5.
(9) In any investigation and evaluation of a juvenile under this section in which the designated crisis responder knows, or has reason to know, that the juvenile is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the designated crisis responder shall notify the tribe and the Indian health care provider regarding whether or not a petition for initial detention or involuntary outpatient treatment will be filed. Notification shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan as soon as possible but no later than three hours subject to the requirements in RCW 70.02.230 (2)(ee) and (3). A designated crisis responder may restrict the release of information as necessary to comply with 42 C.F.R. Part 2."
On page 125, at the beginning of line 9, insert ", or a federally recognized Indian tribe if the person is a member of such tribe,"
On page 126, after line 36, insert the following:
"(7) Tribal court orders for involuntary commitment shall be recognized and enforced in accordance with superior court civil rule 82.5.
(8) In any investigation and evaluation of a juvenile under this section in which the designated crisis responder knows, or has reason to know, that the juvenile is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the designated crisis responder shall notify the tribe and the Indian health care provider regarding whether or not a petition for initial detention or involuntary outpatient treatment will be filed. Notification shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan as soon as possible but no later than three hours subject to the requirements in RCW 70.02.230 (2)(ee) and (3). A designated crisis responder may restrict the release of information as necessary to comply with 42 C.F.R. Part 2."
Correct the title.
EFFECT: (1) Removes language in the adult Involuntary Treatment Act (ITA) conferring exclusive jurisdiction over the involuntary commitment of an AI/AN person to an evaluation and treatment facility located within the boundaries of the tribe;
(2) Requires the DCR to notify both the tribe and the Indian health care provider whether or not to petition for initial detention or outpatient treatment will be filed, instead of the tribe or the provider;
(3) Requires HCA to publish information on how federally recognized tribes can utilize Joel's Law and requires DCRs to inform a tribe, if a person is a member, if the DCR makes a decision not to file a petition for involuntary treatment when the tribe has requested a DCR investigation;
(4) Applies provisions from the adult ITA related to the involuntary treatment of American Indians or Alaska Natives (AI/AN) to the minor ITA, specifically:
(a) Requires the Health Care Authority (HCA) to establish guidelines for conducting culturally appropriate civil commitment evaluations in consultation with Indian health care providers and the American Indian Health Commission by June 30, 2022;
(b) Authorizes a federally recognized Indian tribe to file a petition for initial detention with superior court under Joel's Law;
(c) Requires involuntary commitment orders by tribal courts be recognized and enforced by Washington courts;
(d) Provides notification requirements if a designated crisis responder (DCR) knows, or has reason to know, that a juvenile under investigation for civil commitment is an AI/AN who receives medical or behavioral health services from a tribe. Notification must be made in person or by telephonic or electronic communication to the tribal contact listed in HCA's Tribal Crisis Coordination Plan as soon as possible and within three hours. The DCR may restrict the release of information to comply with federal substance use disorder privacy laws.
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