BILL REQ. #:  S-0323.1 

Read first time 01/27/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to mental health treatment for minors; and amending RCW 71.34.042, 71.34.052, 71.34.054, 71.34.025, 71.34.162, and 71.34.270.

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

Sec. 1   RCW 71.34.042 and 1998 c 296 s 14 are each amended to read as follows:
     (1) An evaluation and treatment facility may admit for evaluation, diagnosis, or treatment any minor under thirteen years of age for whom application is made by the minor's parent or guardian. The consent of the minor under the age of thirteen is not required.
     (2) A minor thirteen 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))) (3) 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))) (4) 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. 2   RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:
     (1) A parent may bring, or authorize the bringing of, his or her minor child, age thirteen or older, 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 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) 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. 3   RCW 71.34.054 and 1998 c 296 s 18 are each amended to read as follows:
     (1) A parent may bring, or authorize the bringing of, his or her minor child, age thirteen or older, 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 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.

Sec. 4   RCW 71.34.025 and 1998 c 296 s 9 are each amended to read as follows:
     (1) The department shall assure that, for any minor admitted to inpatient treatment under RCW 71.34.052, a review is conducted by a physician or other mental health professional who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the review not less than ((seven)) three nor more than ((fourteen)) seven days following the date the minor was brought to the facility under RCW 71.34.052 to determine whether it is a medical necessity to continue the minor's treatment on an inpatient basis.
     (2) In making a determination under subsection (1) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment. The department shall consult with the parent in advance of making its determination.
     (3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility. The facility shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.
     (4) If the evaluation conducted under RCW 71.34.052 is done by the department, the reviews required by subsection (1) of this section shall be done by contract with an independent agency.
     (5) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.
     (6) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds.

Sec. 5   RCW 71.34.162 and 1998 c 296 s 19 are each amended to read as follows:
     Following the review conducted under RCW 71.34.025, a minor child may petition the superior court for his or her release from the facility. ((The petition may be filed not sooner than five days following the review.)) The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.

Sec. 6   RCW 71.34.270 and 1985 c 354 s 27 are each amended to read as follows:
     No public or private agency or governmental entity, nor officer of a public or private agency, nor the superintendent, or professional person in charge, his or her professional designee or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person under this chapter, nor any county designated mental health professional, nor professional person, nor evaluation and treatment facility, shall be civilly or criminally liable for performing his or her duties under this chapter with regard to the decision of whether to admit, release, or detain a person for evaluation and treatment: PROVIDED, That such duties were performed in good faith and without gross negligence.