5279-S AMH CFS H2556.1

 

 

 

SSB 5279 - H COMM AMD ADOPTED 04/06/99

By Committee on Children & Family Services

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "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."

 

    Correct the title.

 

 

 


    EFFECT:  Limits the scope of the legislation to dependent children  in the care and custody of the department of social and health services.  The requirement that the secretary of DSHS determine by clear, cogent, and convincing evidence that certain conditions exist if removed.  The requirement that DSHS maintain a list of inpatient mental health facilities that may receive dependent children is removed.

 


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