Wash. Rev. Code § 71.05.201

Current through 2024

Section 71.05.201 - Petition for initial detention when designated crisis responder does not detain-Procedure-Court review

(1) If a designated crisis responder decides not to detain a person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or 48 hours have elapsed since a designated crisis responder received a request for investigation and the designated crisis responder has not taken action to have the person detained, an immediate family member or guardian of the person, or a tribe if the person is a member of such a tribe, may petition the superior court for the person's initial detention.

(2) A petition under this section must be filed within 10 calendar days following the designated crisis responder investigation or the request for a designated crisis responder investigation. If more than 10 days have elapsed, the immediate family member, guardian, conservator, or a tribe if the person is a member of such a tribe, may request a new designated crisis responder investigation.

(3)

(a) The petition must be filed in the county in which the designated crisis responder investigation occurred or was requested to occur and must be submitted on forms developed by the administrative office of the courts for this purpose. The petition must be accompanied by a sworn declaration from the petitioner, and other witnesses if desired, describing why the person should be detained for evaluation and treatment. The description of why the person should be detained may contain, but is not limited to, the information identified in RCW 71.05.212.

(b) The petition must contain:

(i) A description of the relationship between the petitioner and the person; and

(ii) The date on which an investigation was requested from the designated crisis responder.

(4) The court shall, within one judicial day, review the petition to determine whether the petition raises sufficient evidence to support the allegation. If the court so finds, it shall provide a copy of the petition to the designated crisis responder agency with an order for the agency to provide the court, within one judicial day, with a written sworn statement describing the basis for the decision not to seek initial detention and a copy of all information material to the designated crisis responder's current decision.

(5) Following the filing of the petition and before the court reaches a decision, any person, including a mental health professional, may submit a sworn declaration to the court in support of or in opposition to initial detention.

(6) The court shall dismiss the petition at any time if it finds that a designated crisis responder has filed a petition for the person's initial detention under RCW 71.05.150 or 71.05.153 or that the person has voluntarily accepted appropriate treatment.

(7) The court must issue a final ruling on the petition within five judicial days after it is filed. After reviewing all of the information provided to the court, the court may enter an order for initial detention if the court finds that:

(a) There is probable cause to support a petition for detention; and

(b) the person has refused or failed to accept appropriate evaluation and treatment voluntarily. The court shall transmit its final decision to the petitioner.

(8) If the court enters an order for initial detention, it shall provide the order to the designated crisis responder agency and issue a warrant. The designated crisis responder agency serving the jurisdiction of the court must collaborate and coordinate with law enforcement, including tribal law enforcement, regarding apprehensions and detentions under this subsection, including sharing of information relating to risk and which would assist in locating the person. A person may not be detained to jail pursuant to a warrant issued under this subsection. An order for detention under this section should contain the advisement of rights which the person would receive if the person were detained by a designated crisis responder. An order for initial detention under this section expires 180 days from issuance.

(9) Except as otherwise expressly stated in this chapter, all procedures must be followed as if the order had been entered under RCW 71.05.150. RCW 71.05.160 does not apply if detention was initiated under the process set forth in this section.

(10) For purposes of this section, "immediate family member" means a spouse, domestic partner, child, stepchild, parent, stepparent, grandparent, or sibling.

RCW 71.05.201

Amended by 2024 c 209,§ 16, eff. 6/6/2024.

Amended by 2022 c 210,§ 8, eff. 6/9/2022.

Amended by 2020 c 302,§ 24, eff. 6/11/2020.

Amended by 2020 c 256,§ 304, eff. 6/11/2020.

Amended by 2018 c 291,§ 11, eff. 4/1/2018.

Reenacted and amended by 2017SP3 c 14,§ 2, eff. 4/1/2018.

Amended by 2017SP3 c 14,§ 1, eff. 10/19/2017, exp. 4/1/2018.

Amended by 2016SP1 c 29,§ 222, eff. 4/1/2018.

Amended by 2016 c 107,§ 1, eff. 6/9/2016.

Added by 2015 c 258,§ 2, eff. 7/24/2015.

Effective date- 2018 c 291 s s 1-4, 6, 7, 9, 11, 12, 13, and 15: See note following RCW 71.05.020.

Effective date-2017 3rd sp.s. c 14 ss 2 and 4: "Sections 2 and 4 of this act take effect April 1, 2018." [ 2017 3rd sp.s. c 14 s 7.]

Effective dates-2016 sp.s. c 29: See note following RCW 71.05.760.

Short title-Right of action-2016 sp.s. c 29: See notes following RCW 71.05.010.

Short title- 2015 c 258 : "This act may be known and cited as Joel's Law." [2015 c 258 s 1.]