Revised Code of Washington
2023 Archive

Chapter 71.05 RCW
BEHAVIORAL HEALTH DISORDERS
(Formerly: Mental illness)
PDF of Chapter Digest
PDF of Complete Chapter
Sections
71.05.010Legislative intent.
71.05.012Legislative intent and finding.
71.05.020Definitions.
71.05.025Integration with chapter 71.24 RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services.
71.05.026Behavioral health services contracts—Limitation on state liability.
71.05.027Integrated comprehensive screening and assessment process for substance use and mental disorders.
71.05.030Commitment laws applicable.
71.05.040Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.
71.05.050Voluntary application for treatment of a behavioral health disorder—Rights—Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.
71.05.100Financial responsibility.
71.05.110Compensation of appointed counsel.
71.05.120Exemptions from liability.
71.05.130Duties of prosecuting attorney and attorney general.
71.05.132Court-ordered treatment—Required notifications.
71.05.135Mental health commissioners—Appointment.
71.05.137Mental health commissioners—Authority.
71.05.140Records maintained.
71.05.145Offenders with behavioral health disorders who are believed to be dangerous—Less restrictive alternative.
71.05.148Assisted outpatient treatment—Petitions, court orders for less restrictive alternative treatment—Procedure.
71.05.150Petition for initial detention of persons with behavioral health disorders—Evaluation and treatment period—Procedure—Tribal jurisdiction.
71.05.153Emergency detention of persons with behavioral health disorders—Procedure.
71.05.154Detention of persons with behavioral health disorders—Evaluation—Consultation with emergency room physician.
71.05.156Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability.
71.05.157Evaluation by designated crisis responder—When required—Required notifications.
71.05.160Petition for initial detention.
71.05.170Acceptance of petition—Notice—Duty of state hospital.
71.05.180Detention period for evaluation and treatment.
71.05.182Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or both—Automatic restoration of right at expiration of six-month period.
71.05.190Persons not admitted—Transportation—Detention of arrested person pending return to custody.
71.05.195Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing.
71.05.201Petition for initial detention when designated crisis responder does not detain—Procedure—Court review.
71.05.203Notice—Petition for detention by family member, guardian, or conservator.
71.05.210Evaluation—Treatment and care—Release or other disposition.
71.05.212Evaluation—Consideration of information and records.
71.05.214Protocols—Development—Submission to governor and legislature.
71.05.215Right to refuse antipsychotic medicine—Rules.
71.05.217Rights—Posting of list.
71.05.220Property of committed person.
71.05.230Commitment beyond initial evaluation and treatment period—Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment—Procedure.
71.05.232Discharge reviews—Consultations, notifications required.
71.05.235Examination, evaluation of criminal defendant—Hearing.
71.05.236Involuntary commitment hearing—Postponement—Continuance.
71.05.237Judicial proceedings—Court to enter findings when recommendations of professional person not followed.
71.05.240Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.
71.05.245Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.
71.05.260Release from involuntary intensive treatment—Exception.
71.05.270Temporary release.
71.05.280Additional commitment—Grounds.
71.05.285Additional confinement—Prior history evidence.
71.05.290Petition for additional commitment—Affidavit.
71.05.300Filing of petition—Appearance—Notice—Advice as to rights—Appointment of attorney, expert, or professional person.
71.05.310Time for hearing—Due process—Jury trial—Continuation of treatment.
71.05.320Remand for additional treatment—Less restrictive alternatives—Duration—Grounds—Hearing.
71.05.325Release—Authorized leave—Notice to prosecuting attorney.
71.05.330Early release—Notice to court and prosecuting attorney—Petition for hearing.
71.05.335Modification of order for inpatient treatment—Intervention by prosecuting attorney.
71.05.340Outpatient treatment or care—Conditional release.
71.05.350Assistance to released persons.
71.05.360Rights of involuntarily detained persons.
71.05.365Involuntary commitment—Individualized discharge plan.
71.05.380Rights of voluntarily committed persons.
71.05.425Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional release, final release, leave, transfer, or escape—To whom given—Definitions.
71.05.435Discharge of person from treatment entity—Notice to designated crisis responder office.
71.05.445Court-ordered behavioral health treatment of persons subject to department of corrections supervision—Initial assessment inquiry—Required notifications—Rules.
71.05.455Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy.
71.05.457Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.
71.05.458Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.
71.05.500Liability of applicant.
71.05.510Damages for excessive detention.
71.05.520Protection of rights—Staff.
71.05.530Facilities part of comprehensive behavioral health program.
71.05.560Adoption of rules.
71.05.570Rules of court.
71.05.575Less restrictive alternative treatment—Consideration by court.
71.05.585Less restrictive alternative treatment.
71.05.590Enforcement, modification, or revocation of less restrictive alternative or conditional release orders—Initiation of inpatient detention procedures.
71.05.595Less restrictive alternative treatment order—Termination.
71.05.620Court files and records closed—Exceptions—Rules.
71.05.660Treatment records—Privileged communications unaffected.
71.05.680Treatment records—Access under false pretenses, penalty.
71.05.700Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual.
71.05.705Provider of designated crisis responder or crisis outreach services—Policy for home visits.
71.05.710Home visit by mental health professional—Wireless telephone to be provided.
71.05.715Crisis visit by mental health professional—Access to information.
71.05.720Training for community mental health employees.
71.05.730Judicial services—Civil commitment cases—Reimbursement.
71.05.732Reimbursement for judicial services—Assessment.
71.05.740Reporting of commitment data.
71.05.745Single bed certification.
71.05.750Report—No bed available for person who meets detention criteria.
71.05.755Duties upon receipt of no bed available report—Corrective actions.
71.05.760Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.
71.05.801Persons with developmental disabilities—Service plans—Habilitation services.
71.05.820Appearance by video technology.
71.05.940Equal application of 1989 c 420—Evaluation for developmental disability.
71.05.950Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
NOTES:
Rules of court: Cf. Superior Court Mental Proceedings Rules (MPR).
Council for children and families: Chapter 43.121 RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.