S-3370.1          _______________________________________________

                                 SENATE BILL 6217

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senator Roach

Read first time 01/22/92.  Referred to Committee on Children & Family Services.Concerning treatment of chemically dependent children.

     AN ACT Relating to chemical dependency; and adding new sections to chapter 70.96A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 70.96A RCW to read as follows:

     The department shall ensure that the provisions of this chapter are applied by the counties in a consistent and uniform manner.  The department shall also ensure that the county-designated chemical dependency specialists are specifically trained in adolescent chemical dependency issues, the chemical dependency commitment laws, and the criteria for commitment.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.96A RCW to read as follows:

     Whenever a county-designated chemical dependency specialist makes a determination under RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a chemical dependency program, the county-designated chemical dependency specialist shall:

     (1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW;

     (2) Provide written notice to the minor's parent of the parent's right to file a petition, as provided in section 3 of this act, to seek a review of the decision not to commit the minor to a chemical dependency program;

     (3) Provide a written evaluation to the minor's parent detailing the county-designated chemical dependency specialist's reasons for not committing the minor in a chemical dependency program.  The evaluation shall include the specific facts investigated, the credibility of the person or persons providing the information, and the criteria for a commitment to a chemical dependency treatment program; and

     (4) Refer the minor and the parents to other available services.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.96A RCW to read as follows:

     (1) Whenever a county-designated chemical dependency specialist makes a determination under RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a chemical dependency treatment program, the minor's parent may file a petition in the superior court seeking a review of the county-designated chemical dependency specialist's decision not to commit the minor.

     (2) The following documents shall be filed with the petition:

     (a) An affidavit of the parent which states the reasons why the parent disagrees with the evaluation conducted by the county-designated chemical dependency specialist and includes the specific facts alleged that indicate the need for the minor's commitment;

     (b) Any other relevant affidavits signed by persons with knowledge of the specific facts alleged that indicate the need for the minor's commitment in a chemical dependency treatment program; and

     (c) The county-designated chemical dependency specialist's written evaluation provided under section 2(3) of this act.

     (3) If after reviewing the petition, affidavits, and supporting documentation, the court finds by a preponderance of the evidence that the minor meets the criteria for commitment as set forth in RCW 70.96A.140(1), the court shall fix a date for a hearing as provided in RCW 70.96A.140(2).  The petition and order for a hearing shall be served on the minor and on the county-designated chemical dependency specialist who wrote the evaluation that was filed with the court.

     (4) All other provisions contained in this chapter relating to the hearing and commitment shall apply.