S-1957

AN ACT Relating to placement of children in mental health care by the department of social and health services; adding new sections to chapter 13.34 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that minor children in the custody of the department of social and health services pursuant to chapter 13.32A, 13.34, or 26.44 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 custody of the department in need of mental health hospitalization shall retain all rights set forth therein. The legislature specifically intends that this act shall 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:

(1) No minor child under the jurisdiction of the department pursuant to this chapter, chapter 13.32A RCW, or chapter 26.44 RCW shall be admitted into a facility for inpatient mental health hospitalization unless the secretary determines by clear, cogent, and convincing evidence: (a) It is medically necessary for the child to receive treatment on an inpatient basis based on an evaluation of the child's case by the responsible mental health regional support network pursuant to the criteria and procedures set forth in chapter 71.34 RCW; (b) the facility to which the child is admitted offers the most appropriate and available services and facilities for the needs of the child; (c) the facility is the facility with available treatment space closest to the child's home unless the secretary in consultation with the admitting authority finds that admission into the facility closest to the child's home would jeopardize the health or safety of the child; (d) the facility complies with all state-required licensing and professional standards for providing inpatient mental health care to minors; and (e) the proposed treatment plan gives consideration to treatment in the least restrictive manner and includes a plan to transfer the child to outpatient care as soon as such transfer is medically appropriate. The department shall establish rules and procedures consistent with these criteria.

(2) The fact of admission and all information obtained through treatment under this section is confidential and may be disclosed only pursuant to RCW 71.34.200 and 71.34.210.

(3) Except as otherwise provided in this section, the department shall seek to obtain the prior consent of a child's parent, legal guardian, or legal custodian before a child is admitted into an inpatient mental health treatment facility under this section. 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 will 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:

(1) The secretary shall maintain a list of all facilities to which minor children under the jurisdiction of the department may be admitted for inpatient mental health hospitalization pursuant to this chapter, chapter 13.32A RCW, or chapter 26.44 RCW. Facilities shall not be listed unless they comply with all medicaid, federal, and state-required licensing and professional standards for providing inpatient mental health treatment to minors and are sufficiently financially stable to continue in operation for the foreseeable future. The list shall be updated each time a facility is added or deleted and shall be published by the secretary once a year in a format intended to provide the public with the maximum opportunity to learn the name, address, and telephone number of each facility.

(2) Not later than December 1st of each year, the secretary shall provide the governor and legislature a report setting forth: (a) The number of minor children under the jurisdiction of the department who have been placed in mental health inpatient treatment; (b) the facilities that received minor children for treatment; (c) the number of minor children treated at each facility; and (d) the number of inpatient treatment days provided at each facility for each child.

NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

No facility that owes the federal government, or state government, financial penalties related to noncompliance with federal medicaid rules or state licensing or health safety regulations may be listed under section 3 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

For minors who cannot consent to 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 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 shall not be disclosed by the treating physician to any other person or entity absent a court order.