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SUBSTITUTE
SENATE BILL 5279
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 03/03/1999.
Regulating
the placement of children in mental health treatment by the department of
social and health services.
AN
ACT Relating to placement of children in mental health care by the department
of social and health services; adding new sections to chapter 13.34 RCW; and
creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is
the intent of the legislature that minor children in the care and custody of
the department of social and health services under chapter 13.34 RCW be
provided the most appropriate possible mental health care consistent with the
child's best interests, family reconciliation, the child's medical need for
mental health treatment, available state and community resources, and
professional standards of medical care. The legislature intends that admission
of such minors for mental health hospitalization be made pursuant to the
criteria and standards for mental health services for minors established in
chapter 71.34 RCW, and that minor children in the care and custody of the
department in need of mental health hospitalization shall retain all rights set
forth therein. The legislature specifically intends that this act may not be
construed to affect the standards or procedures established for the involuntary
commitment of minors under chapter 71.34 RCW.
NEW
SECTION. Sec. 2. A new
section is added to chapter 13.34 RCW to read as follows:
The
department shall obtain the prior consent of a child's parent, legal guardian,
or legal custodian before a dependent child is admitted into an inpatient
mental health treatment facility. If the child's parent, legal guardian, or
legal custodian is unavailable or does not agree with the proposed admission,
the department shall request a hearing and provide notice to all interested
parties to seek prior approval of the juvenile court before such admission. In
the event that an emergent situation creating a risk of substantial harm to the
health and welfare of a child in the custody of the department does not allow
time for the department to obtain prior approval or to request a court hearing before
consenting to the admission of the child into an inpatient mental health
hospital, the department shall seek court approval by requesting that a hearing
be set on the first available court date.
NEW
SECTION. Sec. 3. A new
section is added to chapter 13.34 RCW to read as follows:
A
dependent child who is admitted to an inpatient mental health facility shall be
placed in a facility, with available treatment space, that is closest to the
family home, unless the department, in consultation with the admitting
authority finds that admission in the facility closest to the child's home
would jeopardize the health or safety of the child.
NEW
SECTION. Sec. 4. A
new section is added to chapter 13.34 RCW to read as follows:
For
minors who cannot consent to the release of their records with the department
because they are not old enough to consent to treatment, or, if old enough,
lack the capacity to consent, or if the minor is receiving treatment involuntarily
with a provider the department has authorized to provide mental health
treatment under section 2 of this act, the department shall disclose, upon the
treating physician's request, all relevant records, including the minor's
passport, in the department's possession that the treating physician determines
contain information required for treatment of the minor. The treating
physician shall maintain all records received from the department in a manner
that distinguishes the records from any other records in the minor's file with
the treating physician and the department records may not be disclosed by the
treating physician to any other person or entity absent a court order.
