BILL REQ. #:  H-0099.1 

Read first time 01/15/2003.   Referred to Committee on Juvenile Justice & Family Law.

     AN ACT Relating to changing the age of consent for minors receiving chemical dependency and mental health treatment; amending RCW 70.96A.095, 70.96A.230, 70.96A.235, 71.34.030, 71.34.040, 71.34.042, 71.34.046, 71.34.050, 71.34.052, and 71.34.054; adding a new section to chapter 70.96A RCW; adding new sections to chapter 71.34 RCW; and creating a new section.

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

Sec. 1   RCW 70.96A.095 and 1998 c 296 s 23 are each amended to read as follows:
     Any person ((thirteen)) sixteen years of age or older may give consent for himself or herself to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. Parental authorization is required for any treatment of a minor under the age of ((thirteen)) sixteen.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.96A RCW to read as follows:
     (1)(a) A minor may request and receive outpatient treatment by a chemical dependency treatment program certified by the department without parental consent or notification if:
     (i) Requiring consent or notification of a parent or guardian would cause the minor to reject such treatment;
     (ii) The provision of such treatment is clinically indicated;
     (iii) The failure to provide such treatment would be seriously detrimental to the minor's well-being;
     (iv) The minor has knowingly and voluntarily sought such treatment; and
     (v) In the opinion of the provider of treatment, the minor is mature enough to participate in the treatment productively.
     (b) The chemical dependency treatment provider shall document the reason for any determination made to treat a minor under the age of sixteen years without the consent or notification of a parent or guardian and shall include such documentation in the minor's clinical record, along with a written statement signed by the minor stating that he or she:
     (i) Is voluntarily seeking such treatment;
     (ii) Has discussed with the provider the possibility of involving his or her parent or guardian in the decision to pursue such treatment;
     (iii) Has determined it is not in his or her best interest to involve his or her parent or guardian in such decision; and
     (iv) Has been given adequate opportunity to ask the provider questions about the course of his or her treatment.
     (2) After the tenth session of outpatient chemical dependency treatment provided to the minor under the age of sixteen years pursuant to this section, the provider of such treatment shall notify the minor that consent, notification, or involvement of a parent or guardian is required to continue treatment, unless such a requirement would be seriously detrimental to the minor's well-being. If the provider determines such a requirement would be seriously detrimental to the minor's well-being, he or she shall document such determination in the minor's clinical record, review such determination every fifth session thereafter, and document each such review. If the provider determines such a requirement would no longer be seriously detrimental to the minor's well-being, he or she shall require the consent, notification, or involvement of a parent or guardian as a condition of continuing treatment.
     (3) No provider shall notify a parent or guardian of treatment provided pursuant to this section or disclose any information concerning such treatment to a parent or guardian without the consent of the minor.
     (4) A parent or guardian who is not informed of the provision of outpatient chemical dependency treatment shall not be liable for the costs of the treatment provided.

Sec. 3   RCW 70.96A.230 and 1998 c 296 s 24 are each amended to read as follows:
     Any provider of outpatient treatment who provides outpatient treatment to a minor ((thirteen)) sixteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (1) The minor signs a written consent authorizing the disclosure; or (2) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.

Sec. 4   RCW 70.96A.235 and 1998 c 296 s 25 are each amended to read as follows:
     Parental consent is required for inpatient chemical dependency treatment of a minor, unless the child meets the definition of a child in need of services in RCW 13.32A.030(((4))) (5)(c) as determined by the department: PROVIDED, That parental consent is required for any treatment of a minor under the age of ((thirteen)) sixteen.
     This section does not apply to petitions filed under this chapter.

Sec. 5   RCW 71.34.030 and 1998 c 296 s 12 are each amended to read as follows:
     Any minor ((thirteen)) sixteen years or older may request and receive outpatient treatment without the consent of the minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of ((thirteen)) sixteen.

NEW SECTION.  Sec. 6   A new section is added to chapter 71.34 RCW to read as follows:
     (1)(a) A minor may request and receive outpatient treatment by a mental health treatment program certified by the department without parental consent or notification if:
     (i) Requiring consent or notification of a parent or guardian would cause the minor to reject such treatment;
     (ii) The provision of such treatment is clinically indicated;
     (iii) The failure to provide such treatment would be seriously detrimental to the minor's well-being;
     (iv) The minor has knowingly and voluntarily sought such treatment; and
     (v) In the opinion of the provider of treatment, the minor is mature enough to participate in the treatment productively.
     (b) The mental health treatment provider shall document the reason for any determination made to treat a minor under the age of sixteen years without the consent or notification of a parent or guardian and shall include such documentation in the minor's clinical record, along with a written statement signed by the minor stating that he or she:
     (i) Is voluntarily seeking such treatment;
     (ii) Has discussed with the provider the possibility of involving his or her parent or guardian in the decision to pursue such treatment;
     (iii) Has determined it is not in his or her best interest to involve his or her parent or guardian in such decision; and
     (iv) Has been given adequate opportunity to ask the provider questions about the course of his or her treatment.
     (2) After the tenth session of outpatient mental health treatment provided to the minor under the age of sixteen years pursuant to this section, the provider of such treatment shall notify the minor that consent, notification, or involvement of a parent or guardian is required to continue treatment, unless such a requirement would be seriously detrimental to the minor's well-being. If the provider determines such a requirement would be seriously detrimental to the minor's well-being, he or she shall document such determination in the minor's clinical record, review such determination every fifth session thereafter, and document each such review. If the provider determines such a requirement would no longer be seriously detrimental to the minor's well-being, he or she shall require the consent, notification, or involvement of a parent or guardian as a condition of continuing treatment.
     (3) No provider shall notify a parent or guardian of treatment provided pursuant to this section or disclose any information concerning such treatment to a parent or guardian without the consent of the minor.
     (4) A parent or guardian who is not informed of the provision of outpatient mental health treatment shall not be liable for the costs of the treatment provided.

Sec. 7   RCW 71.34.040 and 1985 c 354 s 4 are each amended to read as follows:
     If a minor, ((thirteen)) sixteen years or older, is brought to an evaluation and treatment facility or hospital emergency room for immediate mental health services, the professional person in charge of the facility shall evaluate the minor's mental condition, determine whether the minor suffers from a mental disorder, and whether the minor is in need of immediate inpatient treatment. If it is determined that the minor suffers from a mental disorder, inpatient treatment is required, the minor is unwilling to consent to voluntary admission, and the professional person believes that the minor meets the criteria for initial detention set forth herein, the facility may detain or arrange for the detention of the minor for up to twelve hours in order to enable a county-designated mental health professional to evaluate the minor and commence initial detention proceedings under the provisions of this chapter.

Sec. 8   RCW 71.34.042 and 1998 c 296 s 14 are each amended to read as follows:
     (1) A minor ((thirteen)) sixteen years or older may admit himself or herself to an evaluation and treatment facility for inpatient mental treatment, without parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment.
     (2) When, in the judgment of the professional person in charge of an evaluation and treatment facility, there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility.
     (3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

Sec. 9   RCW 71.34.046 and 1998 c 296 s 16 are each amended to read as follows:
     (1) Any minor ((thirteen)) sixteen years or older voluntarily admitted to an evaluation and treatment facility under RCW 71.34.042 may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.
     (2) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.
     (3) The professional person shall discharge the minor, ((thirteen)) sixteen years or older, from the facility upon receipt of the minor's notice of intent to leave.

Sec. 10   RCW 71.34.050 and 1995 c 312 s 53 are each amended to read as follows:
     (1) When a county-designated mental health professional receives information that a minor, ((thirteen)) sixteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has determined that voluntary admission for inpatient treatment is not possible, the county-designated mental health professional may take the minor, or cause the minor to be taken, into custody and transported to an evaluation and treatment facility providing inpatient treatment.
     If the minor is not taken into custody for evaluation and treatment, the parent who has custody of the minor may seek review of that decision made by the county designated mental health professional in court. The parent shall file notice with the court and provide a copy of the county designated mental health professional's report or notes.
     (2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.
     (3) At the time of initial detention, the county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.
     The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.
     (4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.
     (5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.

Sec. 11   RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:
     (1) If a parent reasonably believes that his or her child is suffering from a mental disorder and is in need of inpatient treatment, he or she may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.
     (2) The consent of the minor, regardless of age, is not required ((for admission, evaluation, and treatment)) if the parent brings the minor to the facility.
     (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. ((The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.
     (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.
     (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.
     (6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.
     (7))) (4) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.
     (5) For the purposes of this section, "medical necessity" means a requested service which is reasonably calculated to diagnose, correct, cure, or alleviate a mental disorder, and there is no adequate less restrictive alternative available.

NEW SECTION.  Sec. 12   A new section is added to chapter 71.34 RCW to read as follows:
     (1) If, in the judgment of the professional person, it is determined it is a medical necessity for the minor evaluated pursuant to a parent request under RCW 71.34.052 to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is a medical necessity to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.
     (2) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is a medical necessity as defined in RCW 71.34.020.
     (3) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request. The minor shall be discharged immediately upon the written request of his or her parents.
     (4) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.
     (5) For the purposes of this section, "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.

Sec. 13   RCW 71.34.054 and 1998 c 296 s 18 are each amended to read as follows:
     (1) If a parent reasonably believes that his or her child is suffering from a mental disorder and is in need of outpatient mental health treatment, he or she may bring, or authorize the bringing of, his or her minor child to a provider of outpatient mental health treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a mental disorder and is in need of outpatient treatment.
     (2) The consent of the minor, regardless of age, is not required for evaluation if the parent brings the minor to the provider.
     (3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment.
     (4) Any minor admitted to inpatient treatment under RCW 71.34.042 or 71.34.052 shall be discharged immediately from inpatient treatment upon written request of the parent.

NEW SECTION.  Sec. 14   This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.