S-3369

AN ACT Relating to mental health services for minors; amending RCW 71.34.010; and adding new sections to chapter 71.34 RCW.

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

Sec. 1. RCW 71.34.010 and 1985 c 354 s 1 are each amended to read as follows:

It is the purpose of this ((~~legislation~~)) chapter to ensure that minors in need of mental health care and treatment receive an appropriate continuum of culturally relevant care and treatment, ((and to enable treatment decisions to be made in response to clinical needs and in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their minor children, and to protect minors against needless hospitalization and deprivations of liberty)) from prevention and early intervention to involuntary treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide mental health services to minors shall jointly plan and deliver those services.

It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall ensure that minors' parents are given an opportunity to participate in the treatment decisions for their children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.

NEW SECTION. Sec. 2. A new section is added to chapter 71.34 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 mental health professionals are specifically trained in adolescent mental health issues, the mental health civil commitment laws, and the criteria for civil commitment.

NEW SECTION. Sec. 3. A new section is added to chapter 71.34 RCW to read as follows:

Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years or older, does not meet the criteria for an involuntary detention at an evaluation and treatment facility, the county-designated mental health professional 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 4 of this act, to seek a review of the decision not to detain the minor at an evaluation and treatment facility;

(3) Provide a written evaluation to the minor's parent detailing the county-designated mental health professional's reasons for not detaining the minor at an evaluation and treatment facility. The evaluation shall include the specific facts investigated, the credibility of the person or persons providing the information, and the criteria for an involuntary detention; and

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

NEW SECTION. Sec. 4. A new section is added to chapter 71.34 RCW to read as follows:

(1) Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years of age or older, does not meet the criteria for an involuntary admission at an evaluation and treatment facility, the minor's parent may file a petition in the superior court seeking a review of the county-designated mental health professional's decision not to detain 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 mental health professional and includes the specific facts alleged which indicate the need for the minor's detention;

(b) Any other relevant affidavits signed by persons with knowledge of the specific facts alleged that indicate the need for the minor's detention at an evaluation and treatment facility; and

(3) If after reviewing the petition, affidavits, and supporting documentation, the court finds that the minor, as a result of a mental disorder, presents a likelihood of serious harm or is gravely disabled, the court shall issue a warrant for the detention of the minor at an evaluation and treatment facility. The warrant shall be served with a statement of the minor's rights as delineated in RCW 71.34.050(3), which includes the immediate right to an attorney.

(4) All other provisions contained in this chapter relating to the detention, evaluation, and treatment shall apply.