5082-S AMS KOHL S2281.3
SSB 5082 - S AMD - 079
By Senator Kohl
NOT ADOPTED 3/11/97
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
NOT ADOPTED 3/11/97
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
NOT ADOPTED 3/11/97
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
NOT ADOPTED 3/11/97
On page 14, after line 32, insert the following:
"NEW SECTION. Sec. 15. A new section is added to chapter 71.34 RCW to read as follows:
(1) A judicial hearing shall be held within seventy-two hours of the minor's admission 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 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 hearing, the evidence in support of the petition shall be presented by the treatment provider.
(4) The minor shall be present at the 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 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 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 to this hearing.
(9) For 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; 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 and the minor is not suitable for a less restrictive treatment alternative.
(10) If the court finds that the minor meets the criteria, the court shall authorize 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, 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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SSB 5082 - S AMD
By Senator Kohl
NOT ADOPTED 3/11/97
On page 20, after line 27, insert the following:
"NEW SECTION. Sec. 22. A new section is added to chapter 70.96A RCW to read as follows:
(1) A judicial hearing shall be held within seventy-two hours of the minor's admission to inpatient mental health treatment under section 21 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 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 hearing, the evidence in support of the petition shall be presented by the treatment provider.
(4) The minor shall be present at the 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 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 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 to this hearing.
(9) For 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; 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 and the minor is not suitable for a less restrictive treatment alternative.
(10) If the court finds that the minor meets the criteria, the court shall authorize 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, 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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Beginning on page 20, at the beginning of line 36, strike all material through "(2) of" on page 21, line 34, and insert
"(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
chemical dependency specialist determines that continued inpatient treatment of
the child is no longer medically appropriate, the specialist 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 section 22 of this act, conduct reviews of the treatment status of each minor admitted to inpatient treatment, under section 21 of this act, to determine whether it is medically appropriate to continue the minor's treatment under inpatient status. The reviews shall be conducted by a professional person at the department or at a contracted agency.
(2) In making a determination under"
SSB 5082 - S AMD - 079
By Senator Kohl
NOT ADOPTED 3/11/97
On page 22, line 1, strike "(4)" and insert "(3)"
On page 22, line 14, strike "(5)" and insert "(4)"
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EFFECT: Requires a 72-hour judicial review for a minor's admission to inpatient mental health or chemical dependency treatment when the admission was at the request of the parents. Applies when the child does not consent to the treatment.