2329-S AMS CFC S4920.3

SHB 2329 - S COMM AMD

By Committee on Children & Family Services & Corrections

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents.

NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

(1) When a parent brings his or her minor child to an evaluation and treatment facility or a provider of outpatient mental health treatment under RCW 71.34.052 or 71.34.054 for examination to determine whether the minor child has a mental disorder and is in need of treatment, and the evaluation and treatment facility or the outpatient mental health treatment provider refuses to examine or treat the minor solely because the minor is aged thirteen or older and has not consented to the treatment, the parent shall have a cause of action for damages against the evaluation and treatment facility or the provider of outpatient mental health treatment, provided that the evaluation and treatment facility or the provider is a public facility.

(2) A minor child shall have no cause of action against an evaluation and treatment facility or provider of outpatient mental health treatment for admitting or accepting the minor in good faith for evaluation or treatment under RCW 71.34.052 or 71.34.054 based solely upon the minor's lack of consent if the minor's parent has consented to the evaluation or treatment.

Sec. 3. RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:

(1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.

(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.

(3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

(4) No provider is obligated to provide treatment to a minor under the provisions of this section except that no provider may refuse to treat a minor under the provisions of this section solely on the basis that the minor has not consented to the treatment. No provider may admit a minor to treatment under this section unless it is medically necessary.

(5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

(6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.

(((7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.))"

SHB 2329 - S COMM AMD

By Committee on Children & Family Services & Corrections

On page 1, beginning on line 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.052; adding a new section to chapter 71.34 RCW; and creating a new section."

EFFECT: Strikes underlying language; provides that a parent has a civil cause of action for a treatment provider's refusal to accept a parent initiated admission and that a child may not sue solely based on a provider's good faith admission under the parent-initiated provisions; strikes references to social workers certified under a repealed statute; and adds an intent section.

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