BP BHEAD INT S [atlas:bill]

AN ACT Relating to treatment of minors in the custody of the department of social and health services; amending RCW 71.05.150 and 71.05.200; adding new sections to chapter 71.34 RCW; and adding a new section to chapter 71.05 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 71.34 RCW to read as follows:

For a minor under thirteen years of age in the custody of the department, the professional person in charge shall contact the department within twenty-four hours of first providing treatment. The department shall immediately provide the professional person in charge with all known and available information concerning the mental, physical, and health status of the child accompanied by a signed statement by the appropriate department employee verifying that all medical records in the department's possession have been provided and identifying the steps taken to ensure the records are complete. If the department has a current passport under RCW 74.13.285, providing the professional person in charge with the passport satisfies this requirement. The department has a continuing obligation to obtain any missing records and to provide the records to the professional person in charge.

NEW SECTION. Sec. 2. A new section is added to chapter 71.05 RCW to read as follows:

For a minor under eighteen years of age in the custody of the department, the treating physician shall contact the department within twenty-four hours of first providing treatment. The department shall immediately provide the treating physician with all known and available information concerning the mental, physical, and health status of the child accompanied by a signed statement by the appropriate department employee verifying that all medical records in the department's possession have been provided and identifying the steps taken to ensure the records are complete. If the department has a current passport under RCW 74.13.285, providing the treating physician with the passport satisfies this requirement. The department has a continuing obligation to obtain any missing records and to provide the records to the treating physician.

Sec. 3. RCW 71.05.150 and 1998 c 297 s 8 are each amended to read as follows:

(1)(a) When a county designated mental health professional receives information alleging that a person, as a result of a mental disorder: (i) Presents a likelihood of serious harm; or (ii) is gravely disabled; the county designated mental health professional may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the county designated mental health professional must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility.

(b) Whenever it appears, by petition for initial detention, to the satisfaction of a judge of the superior court that a person presents, as a result of a mental disorder, a likelihood of serious harm, or is gravely disabled, and that the person has refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the person to appear within twenty-four hours after service of the order at a designated evaluation and treatment facility for not more than a seventy-two hour evaluation and treatment period. The order shall state the address of the evaluation and treatment facility to which the person is to report and whether the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient basis and that if the person named in the order fails to appear at the evaluation and treatment facility at or before the date and time stated in the order, such person may be involuntarily taken into custody for evaluation and treatment. The order shall also designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.

(c) The county designated mental health professional shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to appear together with a notice of rights and a petition for initial detention. For a minor under eighteen years of age in the custody of the department, the biological parents shall also be given a copy of the order, notice, and petition unless the parent-child relationship has been terminated pursuant to court order, there is reasonable cause to believe that the safety or welfare of the child would be jeopardized, or there is reasonable cause to believe that efforts to reunite the parent and child or the permanent plan of care would be hindered. After service on such person the county designated mental health professional shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility and the designated attorney. The county designated mental health professional shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility. The person shall be permitted to remain in his or her home or other place of his or her choosing prior to the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.

(d) If the person ordered to appear does appear on or before the date and time specified, the evaluation and treatment facility may admit such person as required by RCW 71.05.170 or may provide treatment on an outpatient basis. If the person ordered to appear fails to appear on or before the date and time specified, the evaluation and treatment facility shall immediately notify the county designated mental health professional who may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility. Should the county designated mental health professional notify a peace officer authorizing him or her to take a person into custody under the provisions of this subsection, he or she shall file with the court a copy of such authorization and a notice of detention. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of detention, a notice of rights, and a petition for initial detention.

(2) When a county designated mental health professional receives information alleging that a person, as the result of a mental disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the county designated mental health professional may take such person, or cause by oral or written order such person to be taken into emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described in RCW 71.05.180.

(3) A peace officer may take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility pursuant to subsection (1)(d) of this section.

(4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or cause such person to be taken into custody and immediately delivered to an evaluation and treatment facility or the emergency department of a local hospital:

(a) Only pursuant to subsections (1)(d) and (2) of this section; or

(b) When he or she has reasonable cause to believe that such person is suffering from a mental disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.

(5) Persons delivered to evaluation and treatment facilities by peace officers pursuant to subsection (4)(b) of this section may be held by the facility for a period of up to twelve hours: PROVIDED, That they are examined by a mental health professional within three hours of their arrival. Within twelve hours of their arrival, the county designated mental health professional must file a supplemental petition for detention, and commence service on the designated attorney for the detained person.

(6) If a minor under eighteen years of age cannot or will not disclose the identity of his or her guardian, foster parent, or legal custodian, the county designated mental health professional shall notify the missing children clearinghouse.

Sec. 4. RCW 71.05.200 and 1998 c 297 s 11 are each amended to read as follows:

(1) Whenever any person is detained for evaluation and treatment pursuant to this chapter, both the person and, if possible, a responsible member of his or her immediate family, guardian, or conservator, if any, shall be advised as soon as possible in writing or orally, by the officer or person taking him or her into custody or by personnel of the evaluation and treatment facility where the person is detained that unless the person is released or voluntarily admits himself or herself for treatment within seventy-two hours of the initial detention:

(a) That a judicial hearing in a superior court, either by a judge or court commissioner thereof, shall be held not more than seventy-two hours after the initial detention to determine whether there is probable cause to detain the person after the seventy-two hours have expired for up to an additional fourteen days without further automatic hearing for the reason that the person is a mentally ill person whose mental disorder presents a likelihood of serious harm or that the person is gravely disabled;

(b) That the person has a right to communicate immediately with an attorney; has a right to have an attorney appointed to represent him or her before and at the probable cause hearing if he or she is indigent; and has the right to be told the name and address of the attorney the mental health professional has designated pursuant to this chapter;

(c) That the person has the right to remain silent and that any statement he or she makes may be used against him or her;

(d) That the person has the right to present evidence and to cross-examine witnesses who testify against him or her at the probable cause hearing; and

(e) That the person has the right to refuse psychiatric medications, including antipsychotic medication beginning twenty-four hours prior to the probable cause hearing.

(2) For a minor under eighteen years of age in the custody of the department, the biological parents shall also be advised pursuant to subsection (1) of this section unless the parent-child relationship has been terminated pursuant to court order, there is reasonable cause to believe that the safety or welfare of the child would be jeopardized, or there is reasonable cause to believe that efforts to reunite the parent and child or the permanent plan of care would be hindered.

(3) When proceedings are initiated under RCW 71.05.150 (2), (3), or (4)(b), no later than twelve hours after such person is admitted to the evaluation and treatment facility the personnel of the evaluation and treatment facility or the county designated mental health professional shall serve on such person a copy of the petition for initial detention and the name, business address, and phone number of the designated attorney and shall forthwith commence service of a copy of the petition for initial detention on the designated attorney.

((~~(3)~~)) (4) The judicial hearing described in subsection (1) of this section is hereby authorized, and shall be held according to the provisions of subsection (1) of this section and rules promulgated by the supreme court.

NEW SECTION. Sec. 5. A new section is added to chapter 71.34 RCW to read as follows:

The department shall not place a child who is in the custody of the department under chapter 13.34 or 26.44 RCW in any facility not located within the borders of the state if that facility is out of compliance with medicaid rules, regulations, and guidelines or its state's licensing or health and safety regulations, or the facility owes the federal government, state government, or any other entity financial penalties related to noncompliance with federal medicaid rules, or state licensing or health and safety regulations.

NEW SECTION. Sec. 6. A new section is added to chapter 71.34 RCW to read as follows:

The department shall not place a child who is in the custody of the department under chapter 13.34 or 26.44 RCW in any facility, including but not limited to a mental health or medical facility, not located within the borders of the state unless there are medical orders signed by a physician in the child case record and the department has reasonable cause to believe and confirms in writing in the child's case record that in-state facilities or services were considered and that there is no facility or service available in the state that would meet the child's treatment needs. The child case record shall contain all available information to ensure that placement is consistent with the goals of the child's permanency plan and appropriate services have been offered in closest proximity to the child's family resources. This documentation shall be included in the child's case record.