Revised Code of Washington
2023 Archive

Chapter 71.05 RCW
BEHAVIORAL HEALTH DISORDERS
(Formerly: Mental illness)
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Sections
71.05.010Legislative intent.
71.05.012Legislative intent and finding.
71.05.020Definitions.
71.05.025Integration with chapter 71.24 RCWBehavioral health administrative services organizationsDuty to institute procedures for timely consultation with resource management services.
71.05.026Behavioral health services contractsLimitation on state liability.
71.05.027Integrated comprehensive screening and assessment process for substance use and mental disorders.
71.05.030Commitment laws applicable.
71.05.040Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.
71.05.050Voluntary application for treatment of a behavioral health disorderRightsReview of condition and statusDetentionPerson refusing voluntary admission, temporary detention.
71.05.100Financial responsibility.
71.05.110Compensation of appointed counsel.
71.05.120Exemptions from liability.
71.05.130Duties of prosecuting attorney and attorney general.
71.05.132Court-ordered treatmentRequired notifications.
71.05.135Mental health commissionersAppointment.
71.05.137Mental health commissionersAuthority.
71.05.140Records maintained.
71.05.145Offenders with behavioral health disorders who are believed to be dangerousLess restrictive alternative.
71.05.148Assisted outpatient treatmentPetitions, court orders for less restrictive alternative treatmentProcedure.
71.05.150Petition for initial detention of persons with behavioral health disordersEvaluation and treatment periodProcedureTribal jurisdiction.
71.05.153Emergency detention of persons with behavioral health disordersProcedure.
71.05.154Detention of persons with behavioral health disordersEvaluationConsultation with emergency room physician.
71.05.156Evaluation for imminent likelihood of serious harm or imminent dangerIndividual with grave disability.
71.05.157Evaluation by designated crisis responderWhen requiredRequired notifications.
71.05.160Petition for initial detention.
71.05.170Acceptance of petitionNoticeDuty of state hospital.
71.05.180Detention period for evaluation and treatment.
71.05.182Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or bothAutomatic restoration of right at expiration of six-month period.
71.05.190Persons not admittedTransportationDetention of arrested person pending return to custody.
71.05.195Not guilty by reason of insanityDetention of persons who have fled from state of originProbable cause hearing.
71.05.201Petition for initial detention when designated crisis responder does not detainProcedureCourt review.
71.05.203NoticePetition for detention by family member, guardian, or conservator.
71.05.210EvaluationTreatment and careRelease or other disposition.
71.05.212EvaluationConsideration of information and records.
71.05.214ProtocolsDevelopmentSubmission to governor and legislature.
71.05.215Right to refuse antipsychotic medicineRules.
71.05.217RightsPosting of list.
71.05.220Property of committed person.
71.05.230Commitment beyond initial evaluation and treatment periodPetition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatmentProcedure.
71.05.232Discharge reviewsConsultations, notifications required.
71.05.235Examination, evaluation of criminal defendantHearing.
71.05.236Involuntary commitment hearingPostponementContinuance.
71.05.237Judicial proceedingsCourt to enter findings when recommendations of professional person not followed.
71.05.240Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatmentProbable cause hearing.
71.05.245Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatmentUse of recent history evidence.
71.05.260Release from involuntary intensive treatmentException.
71.05.270Temporary release.
71.05.280Additional commitmentGrounds.
71.05.285Additional confinementPrior history evidence.
71.05.290Petition for additional commitmentAffidavit.
71.05.300Filing of petitionAppearanceNoticeAdvice as to rightsAppointment of attorney, expert, or professional person.
71.05.310Time for hearingDue processJury trialContinuation of treatment.
71.05.320Remand for additional treatmentLess restrictive alternativesDurationGroundsHearing.
71.05.325ReleaseAuthorized leaveNotice to prosecuting attorney.
71.05.330Early releaseNotice to court and prosecuting attorneyPetition for hearing.
71.05.335Modification of order for inpatient treatmentIntervention by prosecuting attorney.
71.05.340Outpatient treatment or careConditional release.
71.05.350Assistance to released persons.
71.05.360Rights of involuntarily detained persons.
71.05.365Involuntary commitmentIndividualized discharge plan.
71.05.380Rights of voluntarily committed persons.
71.05.425Persons committed following dismissal of sex, violent, or felony harassment offenseNotification of conditional release, final release, leave, transfer, or escapeTo whom givenDefinitions.
71.05.435Discharge of person from treatment entityNotice to designated crisis responder office.
71.05.445Court-ordered behavioral health treatment of persons subject to department of corrections supervisionInitial assessment inquiryRequired notificationsRules.
71.05.455Law enforcement referrals to behavioral health agenciesReports of threatened or attempted suicideModel policy.
71.05.457Law enforcement referrals to behavioral health agenciesReports of threatened or attempted suicideGeneral authority law enforcement policy.
71.05.458Law enforcement referralThreatened or attempted suicideContact by designated crisis responder.
71.05.500Liability of applicant.
71.05.510Damages for excessive detention.
71.05.520Protection of rightsStaff.
71.05.530Facilities part of comprehensive behavioral health program.
71.05.560Adoption of rules.
71.05.570Rules of court.
71.05.575Less restrictive alternative treatmentConsideration by court.
71.05.585Less restrictive alternative treatment.
71.05.590Enforcement, modification, or revocation of less restrictive alternative or conditional release ordersInitiation of inpatient detention procedures.
71.05.595Less restrictive alternative treatment orderTermination.
71.05.620Court files and records closedExceptionsRules.
71.05.660Treatment recordsPrivileged communications unaffected.
71.05.680Treatment recordsAccess under false pretenses, penalty.
71.05.700Home visit by designated crisis responder or crisis intervention workerAccompaniment by second trained individual.
71.05.705Provider of designated crisis responder or crisis outreach servicesPolicy for home visits.
71.05.710Home visit by mental health professionalWireless telephone to be provided.
71.05.715Crisis visit by mental health professionalAccess to information.
71.05.720Training for community mental health employees.
71.05.730Judicial servicesCivil commitment casesReimbursement.
71.05.732Reimbursement for judicial servicesAssessment.
71.05.740Reporting of commitment data.
71.05.745Single bed certification.
71.05.750ReportNo bed available for person who meets detention criteria.
71.05.755Duties upon receipt of no bed available reportCorrective actions.
71.05.760Designated crisis respondersTrainingQualificationsSecure withdrawal management and stabilization facility capacity.
71.05.801Persons with developmental disabilitiesService plansHabilitation services.
71.05.820Appearance by video technology.
71.05.940Equal application of 1989 c 420Evaluation for developmental disability.
71.05.950ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
NOTES:
Rules of court: Cf. Superior Court Mental Proceedings Rules (MPR).
Council for children and families: Chapter 43.121 RCW.
MinorsMental health services, commitment: Chapter 71.34 RCW.