AN ACT Relating to the commitment of minors incapacitated by alcohol or drugs; amending RCW 71.34.050, 71.34.080, and 71.34.090; and adding new sections to chapter 71.34 RCW.

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

NEW SECTION. Sec. 1. An intoxicated minor who:

(1) Has threatened, attempted, or inflicted physical harm on himself or herself or on another or is likely to inflict physical harm on another unless committed; or

(2) Is incapacitated by the effects of alcohol or drugs;

!ixmay be committed to an evaluation and treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

NEW SECTION. Sec. 2. Any law enforcement officer, physician, spouse, guardian, or relative of the minor to be committed, or any other responsible person, may make a written application for commitment under section 1 of this act, directed to the administrator of the evaluation and treatment facility. The application shall state the circumstances requiring emergency commitment, including the applicant's personal observations and the specific statements of others, if any, upon which the person making the application relies.

NEW SECTION. Sec. 3. If a minor detained under emergency commitment pursuant to section 2 of this act is disruptive beyond the ability of the facility to control the minor's behavior, or leaves without staff approval, the facility administrator or an authorized designee shall contact law enforcement authorities who may further detain the minor at whatever level of confinement is necessary to protect the detainee or others.

NEW SECTION. Sec. 4. The administrator of an evaluation and treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency commitment set forth in section 1 of this act. The minor detained shall be immediately released and shall be encouraged to seek voluntary treatment if appropriate, unless the minor is under protective custody. In that event, the minor may be detained until no longer intoxicated or up to forty-eight hours.

NEW SECTION. Sec. 5. Upon approval of the application by the administrator of the evaluation and treatment facility or an authorized designee, the minor shall be retained or brought to the facility by a law enforcement officer or any other interested person. The minor shall be retained at the facility to which he or she was admitted, or transferred to another appropriate evaluation and treatment facility, until discharged under section 8 of this act.

NEW SECTION. Sec. 6. Payment for treatment under emergency commitment under section 1 of this act shall be assessed to the minor, to a legally responsible relative or guardian, or to the department through contract with an evaluation and treatment facility.

NEW SECTION. Sec. 7. A copy of the written application for commitment and a written explanation of the minor's right to counsel shall be given to the minor within twenty-four hours after commitment by the facility administrator, who shall provide a reasonable opportunity for the minor to consult counsel.

NEW SECTION. Sec. 8. If the facility administrator or an authorized designee determines that the grounds for commitment no longer exist, the minor committed under section 1 of this act shall be discharged.

NEW SECTION. Sec. 9. No minor committed under section 1 of this act may be detained in any evaluation and treatment facility for more than five days excluding Saturdays, Sundays, and legal holidays. If a petition for involuntary commitment under section 11 of this act has been filed within the five days, excluding Saturdays, Sundays, and legal holidays, and the administrator of an evaluation and treatment facility or an authorized designee finds that grounds for emergency commitment still exist, he or she may detain the minor until the petition has been heard and determined, but no longer than ten days, excluding Saturdays, Sundays, and legal holidays, after filing the petition.

NEW SECTION. Sec. 10. Personnel operating evaluation and treatment facilities who act in compliance with their duties as set forth in sections 1 through 9 of this act are not criminally or civilly liable therefor.

Sec. 11. Section 5, chapter 354, Laws of 1985 and RCW 71.34.050 are each amended to read as follows:

(1) When a county-designated mental health professional receives information that a minor, thirteen years or older((,)):

(a) As a result of a mental disorder presents a likelihood of serious harm or is gravely disabled((,)); or

(b) Is incapacitated by the effects of alcohol or drugs and is likely to inflict physical harm on himself or herself or another unless committed;

!ixhas investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has determined that voluntary admission for inpatient treatment is not possible, the county-designated mental health professional may take the minor, or cause the minor to be taken, into custody and transported to an evaluation and treatment facility providing inpatient treatment.

(2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.

(3) At the time of initial detention, the county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.

The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.

(4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.

(5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.

Sec. 12. Section 8, chapter 354, Laws of 1985 and RCW 71.34.080 are each amended to read as follows:

(1) A commitment hearing shall be held within seventy-two hours of the minor's admission, excluding 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.

(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, 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;

(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 hearings.

(9) For a fourteen-day commitment, the court must find by a preponderance of the evidence that:

(a) The minor (i) is incapacitated by the effects of alcohol or drugs and is likely to inflict physical harm on himself or herself or another unless committed, or (ii) has a mental disorder and presents a "likelihood of serious harm" or is "gravely disabled";

(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 less restrictive alternative treatment found to be in the best interests of the minor; and

(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. 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.

Sec. 13. Section 9, chapter 354, Laws of 1985 and RCW 71.34.090 are each amended to read as follows:

(1) At any time during the minor's period of fourteen-day commitment, the professional person in charge may petition the court for an order requiring the minor to undergo an additional one hundred eighty-day period of treatment. The evidence in support of the petition shall be presented by the county prosecutor unless the petition is filed by the professional person in charge of a state-operated facility in which case the evidence shall be presented by the attorney general.

(2) The petition for one hundred eighty-day commitment shall contain the following:

(a) The name and address of the petitioner or petitioners;

(b) The name of the minor alleged to meet the criteria for one hundred eighty-day commitment;

(c) A statement that the petitioner is the professional person in charge of the evaluation and treatment facility responsible for the treatment of the minor;

(d) The date of the fourteen-day commitment order; and

(e) A summary of the facts supporting the petition.

(3) The petition shall be supported by accompanying affidavits signed by two examining physicians, one of whom shall be a child psychiatrist, or by one examining physician and one children's mental health specialist. The affidavits shall describe in detail the behavior of the detained minor which supports the petition and shall state whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.

(4) The petition for one hundred eighty-day commitment shall be filed with the clerk of the court at least three days before the expiration of the fourteen-day commitment period. The petitioner or the petitioner's designee shall within twenty-four hours of filing serve a copy of the petition on the minor and notify the minor's attorney and the minor's parent. A copy of the petition shall be provided to such persons at least twenty-four hours prior to the hearing.

(5) At the time of filing, the court shall set a date within seven days for the hearing on the petition. The court may continue the hearing upon the written request of the minor or the minor's attorney for not more than ten days. The minor or the parents shall be afforded the same rights as in a fourteen-day commitment hearing. Treatment of the minor shall continue pending the proceeding.

(6) For one hundred eighty-day commitment, the court must find by clear, cogent, and convincing evidence that the minor:

(a)(i) Is suffering from a mental disorder((;

~~(b)~~)) and presents a likelihood of serious harm or is gravely disabled; or

(ii) Is incapacitated by the effects of alcohol or drugs and is likely to inflict physical harm on himself or herself or another unless committed; and

((~~(c)~~)) (b) Is in need of further treatment that only can be provided in a one hundred eighty-day commitment.

(7) If the court finds that the criteria for commitment are met and that less restrictive treatment in a community setting is not appropriate or available, the court shall order the minor committed for further inpatient treatment to the custody of the secretary or to a private treatment and evaluation facility if the minor's parents have assumed responsibility for payment for the treatment. If the court finds that a less restrictive alternative is in the best interest of the minor, the court shall order less restrictive alternative treatment upon such conditions as necessary.

If the court determines that the minor does not meet the criteria for one hundred eighty-day commitment, the minor shall be released.

(8) Successive one hundred eighty-day commitments are permissible on the same grounds and under the same procedures as the original one hundred eighty-day commitment. Such petitions shall be filed at least five days prior to the expiration of the previous one hundred eighty-day commitment order.

NEW SECTION. Sec. 14. Sections 1 through 10 of this act are each added to chapter 71.34 RCW.