BP BHEAD INT S [atlas:bill]

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 children in the custody of the department of social and health services be provided the most appropriate possible mental health care consistent with the child's best interests, medical need for mental health treatment, available state and community resources, family reconciliation, and professional standards of medical care. The legislature intends that no placement of minors for mental health treatment under this act be made on any other basis and that consideration always be given to treatment in the least restrictive manner.

NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

No minor child under the jurisdiction of the department pursuant to this chapter or chapter 26.44 RCW shall be placed in a facility to receive inpatient mental health treatment unless the secretary determines: (1) It is medically necessary, based on an evaluation of a person licensed under chapter 18.71 RCW, for the child to receive treatment on an inpatient basis; (2) the facility in which a child is placed offers the most appropriate treatment services and facilities for the needs of the child; (3) the facility is the facility with available treatment space closest to the child's parents unless the secretary finds that placement in the facility closest to the parents presents a risk of imminent harm to the child; (4) the facility complies with all state-required licensing and professional standards for providing inpatient mental health care to minors; (5) the facility is sufficiently financially stable to continue in operation for the foreseeable future; and (6) the proposed inpatient treatment includes a plan to transfer the child to outpatient treatment as soon as such change is medically appropriate.

NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

If any child is placed in mental health treatment under this chapter, the secretary shall determine whether it would create a risk of imminent harm to the child to disclose to the parents the treatment decision and placement of the child in a facility. The secretary shall disclose the decision to provide treatment and the placement, unless he or she determines such disclosure would create a risk of imminent harm to the child. If the secretary determines that full disclosure would create a risk of imminent harm to the child, the secretary shall determine the amount of disclosure that should occur. The secretary shall provide disclosure of the treatment decision and placement at the earliest possible moment.

NEW SECTION. Sec. 4. 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 placed for inpatient mental health treatment pursuant to this chapter or chapter 26.44 RCW. The list shall be updated each time a facility is added or deleted. The secretary shall publish the list once each year in a format intended to provide the public 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.