5082-S AMS KOHL S2281.1
SSB 5082 - S AMD - 073
By Senator Kohl
Beginning on page 6, at the beginning of line 27, strike all material through "section" on page 7, line 19 and insert the following:
"(2)
The department shall ensure a review is conducted no later than sixty days
following admission to determine whether it is medically appropriate to
continue the child's treatment on an inpatient basis. The department may,
subject to available funds, contract with a county for the conduct of the
review conducted under this subsection and may seek reimbursement from the
parents, their insurance, or medicaid for the expense of any review conducted
by an agency under contract.
If the county-designated mental health professional determines
that continued inpatient treatment of the child is no longer medically
appropriate, the professional shall notify the facility, the child, the child's
parents, and the department of the finding within twenty-four hours of the
determination.
(3) For purposes of eligibility for medical assistance under
chapter 74.09 RCW, children in inpatient mental health or chemical dependency
treatment shall be considered to be part of their parent's or legal guardian's
household, unless the child has been assessed by the department of social and
health services or its designee as likely to require such treatment for at
least ninety consecutive days, or is in out-of-home care in accordance with
chapter 13.34 RCW, or the child's parents are found to not be exercising
responsibility for care and control of the child. Payment for such care by the
department of social and health services shall be made only in accordance with
rules, guidelines, and clinical criteria applicable to inpatient treatment of
minors established by the department.))
The department shall, at thirty-day intervals following the judicial review conducted under RCW 71.34.080"
SSB 5082 - S AMD
By Senator Kohl
On page 7, at the beginning on line 25, strike all material through "of" and insert the following:
"(2) In making a determination under"
On page 7, at the beginning of line 31, strike "(4)" and insert "(3)"
SSB 5082 - S AMD
By Senator Kohl
On page 8, at the beginning of line 5, strike "(5)" and insert "(4)"
On page 8, beginning on line 6, after "required by" strike "subsections (1) and (2) of"
On page 8, at the beginning of line 8, strike "(6)" and insert "(5)"
SSB 5082 - S AMD
By Senator Kohl
On page 14, after line 32, insert the following:
"Sec. 15. RCW 71.34.080 and 1985 c 354 s 8 are each amended to read as follows:
(1)
A ((commitment)) judicial hearing shall be held within
seventy-two hours of the minor's admission((, excluding)) to
inpatient mental health treatment under section 13 of this act. The
seventy-two hours excludes Saturday, Sunday, and holidays, unless a
continuance is requested by the minor or the minor's attorney.
(2)
The ((commitment)) hearing shall be conducted at the superior court or
an appropriate place at the facility in which the minor is being detained.
(3)
At the ((commitment)) hearing, the evidence in support of the petition
shall be presented by the ((county prosecutor)) treatment provider.
(4)
The minor shall be present at the ((commitment)) hearing unless the
minor, with the assistance of the minor's attorney, waives the right to be
present at the hearing.
(5)
If the parents are opposed to the ((petition)) child's admission to
treatment, they may be represented at the hearing and shall be entitled to
court-appointed counsel if they are indigent.
(6)
At the ((commitment)) hearing, the minor shall have the following rights:
(a) To be represented by an attorney;
(b) To present evidence on his or her own behalf;
(c) To question persons testifying in support of the petition.
(7) If the minor has received medication within twenty-four hours of the hearing, the court shall be informed of that fact and of the probable effects of the medication.
(8)
Rules of evidence shall not apply ((in fourteen-day commitment)) to
this hearing((s)).
(9)
For ((a fourteen-day commitment)) continued inpatient treatment,
the court must find by a preponderance of the evidence that:
(a)
Continued inpatient mental health treatment is medically appropriate for the
minor ((has a mental disorder and presents a "likelihood of serious
harm" or is "gravely disabled")); and
(b)
The minor is in need of evaluation and treatment of the type provided by the
inpatient evaluation and treatment facility to which continued inpatient care
is sought ((or is in need of)) and the minor is not suitable for a
less restrictive treatment alternative ((treatment found to be in the
best interests of the minor; and
(c)
The minor is unwilling or unable in good faith to consent to voluntary
treatment)).
(10)
If the court finds that the minor meets the criteria ((for a fourteen-day
commitment)), the court shall ((either)) authorize ((commitment
of the minor for inpatient treatment or for less restrictive alternative
treatment upon such conditions as are necessary)) continued inpatient
treatment subject to the reviews conducted under RCW 71.34.025. If the
court determines that the minor does not meet the criteria ((for a
fourteen-day commitment)), the minor shall be released.
(11)
Nothing in this section prohibits the professional person in charge of the
evaluation and treatment facility from releasing the minor at any time, when,
in the opinion of the professional person in charge of the facility, further
inpatient treatment is no longer necessary. ((The release may be subject to
reasonable conditions if appropriate.
Whenever
a minor is released under this section, the professional person in charge shall
within three days, notify the court in writing of the release.
(12)
A minor who has been committed for fourteen days shall be released at the end
of that period unless a petition for one hundred eighty-day commitment is
pending before the court.))"
Renumber the remaining sections consecutively and correct any internal references accordingly.
SSB 5082 - S AMD - 073
By Senator Kohl
On page 1, line 2 of the title, after "71.34.030," insert "71.34.080,"
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