BILL REQ. #:  H-1277.1 

Read first time 02/05/2003.   Referred to Committee on Juvenile Justice & Family Law.

     AN ACT Relating to the treatment of minors; amending RCW 70.96A.235 and 70.96A.245; adding a new section to chapter 70.96A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes that minors often have multiple needs and it is important to provide uniform and compatible treatment to minors for their mental, emotional, and physical needs. There is a need to provide uniform prevention and treatment services for the needs of minors who are suffering from illness or other destructive patterns of behavior such as alcohol or drug addiction.

Sec. 2   RCW 70.96A.235 and 1998 c 296 s 25 are each amended to read as follows:
     Parental consent is required for inpatient chemical dependency treatment of a minor under the age of sixteen, unless the child meets the definition of a child in need of services in RCW 13.32A.030(((4))) (5)(c) as determined by the department: PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.
     This section does not apply to petitions filed under this chapter.

Sec. 3   RCW 70.96A.245 and 1998 c 296 s 27 are each amended to read as follows:
     (1) A parent may bring, or authorize the bringing of, his or her minor child, age sixteen or older, to a certified treatment program and request that a chemical dependency assessment be conducted by a professional person to determine whether the minor is chemically dependent and 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 program.
     (3) An appropriately trained professional person may evaluate whether the minor is chemically dependent. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the program, 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. 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 program based solely on his or her request.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.96A RCW to read as follows:
     No public or private agency or governmental entity, nor officer of a public or private agency, nor the professional person in charge, his or her professional designee or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person under this chapter, nor any designated chemical dependency specialist, nor treatment program, shall be civilly or criminally liable for performing his or her duties under this chapter with regard to the decision of whether to admit, release, or detain a person for evaluation and treatment: PROVIDED, That such duties were performed in good faith and without gross negligence.