Wash. Rev. Code § 71.05.203

Current through 2024

Section 71.05.203 - Notice-Petition for detention by family member, guardian, or conservator

(1) The authority and each behavioral health administrative services organization or agency employing designated crisis responders shall publish information in an easily accessible format describing the process for an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to petition for court review of a detention decision under RCW 71.05.201.

(2) A designated crisis responder or designated crisis responder agency that receives a request for investigation for possible detention under this chapter must inquire whether the request comes from an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who would be eligible to petition under RCW 71.05.201. If the designated crisis responder decides not to detain the person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or forty-eight hours have elapsed since the request for investigation was received and the designated crisis responder has not taken action to have the person detained, the designated crisis responder or designated crisis responder agency must inform the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who made the request for investigation about the process to petition for court review under RCW 71.05.201 and, to the extent feasible, provide the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, with written or electronic information about the petition process. Information provided to a federally recognized Indian tribe shall be sent to the tribal contact listed in the authority's tribal crisis coordination plan. If provision of written or electronic information is not feasible, the designated crisis responder or designated crisis responder agency must refer the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to a website where published information on the petition process may be accessed. The designated crisis responder or designated crisis responder agency must document the manner and date on which the information required under this subsection was provided to the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe.

(3) A designated crisis responder or designated crisis responder agency must, upon request, disclose the date of a designated crisis responder investigation under this chapter to an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, of a person to assist in the preparation of a petition under RCW 71.05.201.

RCW 71.05.203

Amended by 2021 c 264,§ 5, eff. 7/25/2021.

Amended by 2019 c 325,§ 3006, eff. 1/1/2020.

Amended by 2018 c 201,§ 3006, eff. 7/1/2018.

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

Amended by 2017SP3 c 14,§ 3, eff. 10/19/2017, exp. 4/1/2018.

Amended by 2016SP1 c 29,§ 223, eff. 4/1/2018.

Added by 2015 c 258,§ 3, eff. 7/24/2015.

Effective date- 2019 c 325 : See note following RCW 71.24.011.

Findings-Intent-Effective date- 2018 c 201 : See notes following RCW 41.05.018.

Effective date-2017 3rd sp.s. c 14 ss 2 and 4: See note following RCW 71.05.201.

Expiration date-2017 3rd sp.s. c 14 ss 1 and 3: See note following RCW 71.05.201.

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 : See note following RCW 71.05.201.