Revised Code of Washington
Chapter 71.05 - Behavioral Health Disorders.
71.05.245 - Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.

RCW 71.05.245
Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.

(1) In making a determination of whether a person is gravely disabled, presents a likelihood of serious harm, or is in need of assisted outpatient treatment in a hearing conducted under RCW 71.05.240 or 71.05.320, the court must consider the symptoms and behavior of the respondent in light of all available evidence concerning the respondent's historical behavior.
(2) Symptoms or behavior which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when: (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts; (b) these symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and (c) without treatment, the continued deterioration of the respondent is probable.
(3) In making a determination of whether there is a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great weight to any evidence before the court regarding whether the person has: (a) A recent history of one or more violent acts; or (b) a recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.
For the purposes of this subsection "recent" refers to the period of time not exceeding three years prior to the current hearing.

[ 2022 c 210 § 14; 2018 c 291 § 14; 2015 c 250 § 8; 2010 c 280 § 3; 1999 c 13 § 6; 1998 c 297 § 14.]
NOTES:

Effective date—2013 c 335; 2011 2nd sp.s. c 6; 2010 c 280 §§ 2 and 3: See note following RCW 71.05.212.


Purpose—Construction—1999 c 13: See note following RCW 10.77.010.


Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.05 - Behavioral Health Disorders.

71.05.010 - Legislative intent.

71.05.012 - Legislative intent and finding.

71.05.020 - Definitions.

71.05.025 - Integration with chapter 71.24 RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services.

71.05.026 - Behavioral health services contracts—Limitation on state liability.

71.05.027 - Integrated comprehensive screening and assessment process for substance use and mental disorders.

71.05.030 - Commitment laws applicable.

71.05.040 - Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.

71.05.050 - Voluntary application for treatment of a behavioral health disorder—Rights—Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.

71.05.100 - Financial responsibility.

71.05.110 - Compensation of appointed counsel.

71.05.120 - Exemptions from liability.

71.05.130 - Duties of prosecuting attorney and attorney general.

71.05.132 - Court-ordered treatment—Required notifications.

71.05.135 - Mental health commissioners—Appointment.

71.05.137 - Mental health commissioners—Authority.

71.05.140 - Records maintained.

71.05.145 - Offenders with behavioral health disorders who are believed to be dangerous—Less restrictive alternative.

71.05.148 - Assisted outpatient treatment—Petitions, court orders for less restrictive alternative treatment—Procedure.

71.05.150 - Petition for initial detention of persons with behavioral health disorders—Evaluation and treatment period—Procedure—Tribal jurisdiction.

71.05.153 - Emergency detention of persons with behavioral health disorders—Procedure.

71.05.154 - Detention of persons with behavioral health disorders—Evaluation—Consultation with emergency room physician.

71.05.156 - Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability.

71.05.157 - Evaluation by designated crisis responder—When required—Required notifications.

71.05.160 - Petition for initial detention.

71.05.170 - Acceptance of petition—Notice—Duty of state hospital.

71.05.180 - Detention period for evaluation and treatment.

71.05.182 - Six-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 both—Automatic restorat...

71.05.190 - Persons not admitted—Transportation—Detention of arrested person pending return to custody.

71.05.195 - Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing.

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

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

71.05.210 - Evaluation—Treatment and care—Release or other disposition.

71.05.212 - Evaluation—Consideration of information and records.

71.05.214 - Protocols—Development—Submission to governor and legislature.

71.05.215 - Right to refuse antipsychotic medicine—Rules.

71.05.217 - Rights—Posting of list.

71.05.220 - Property of committed person.

71.05.230 - Commitment beyond initial evaluation and treatment period—Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment—Procedure.

71.05.232 - Discharge reviews—Consultations, notifications required.

71.05.235 - Examination, evaluation of criminal defendant—Hearing.

71.05.236 - Involuntary commitment hearing—Postponement—Continuance.

71.05.237 - Judicial proceedings—Court to enter findings when recommendations of professional person not followed.

71.05.240 - Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.

71.05.245 - Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.

71.05.260 - Release from involuntary intensive treatment—Exception.

71.05.270 - Temporary release.

71.05.280 - Additional commitment—Grounds.

71.05.285 - Additional confinement—Prior history evidence.

71.05.290 - Petition for additional commitment—Affidavit.

71.05.300 - Filing of petition—Appearance—Notice—Advice as to rights—Appointment of attorney, expert, or professional person.

71.05.310 - Time for hearing—Due process—Jury trial—Continuation of treatment.

71.05.320 - Remand for additional treatment—Less restrictive alternatives—Duration—Grounds—Hearing.

71.05.325 - Release—Authorized leave—Notice to prosecuting attorney.

71.05.330 - Early release—Notice to court and prosecuting attorney—Petition for hearing.

71.05.335 - Modification of order for inpatient treatment—Intervention by prosecuting attorney.

71.05.340 - Outpatient treatment or care—Conditional release.

71.05.350 - Assistance to released persons.

71.05.360 - Rights of involuntarily detained persons.

71.05.365 - Involuntary commitment—Individualized discharge plan.

71.05.380 - Rights of voluntarily committed persons.

71.05.425 - Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional release, final release, leave, transfer, or escape—To whom given—Definitions.

71.05.435 - Discharge of person from treatment entity—Notice to designated crisis responder office.

71.05.445 - Court-ordered behavioral health treatment of persons subject to department of corrections supervision—Initial assessment inquiry—Required notifications—Rules.

71.05.455 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy.

71.05.457 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.

71.05.458 - Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.

71.05.500 - Liability of applicant.

71.05.510 - Damages for excessive detention.

71.05.520 - Protection of rights—Staff.

71.05.530 - Facilities part of comprehensive behavioral health program.

71.05.560 - Adoption of rules.

71.05.570 - Rules of court.

71.05.575 - Less restrictive alternative treatment—Consideration by court.

71.05.585 - Less restrictive alternative treatment.

71.05.590 - Enforcement, modification, or revocation of less restrictive alternative or conditional release orders—Initiation of inpatient detention procedures.

71.05.595 - Less restrictive alternative treatment order—Termination.

71.05.620 - Court files and records closed—Exceptions—Rules.

71.05.660 - Treatment records—Privileged communications unaffected.

71.05.680 - Treatment records—Access under false pretenses, penalty.

71.05.700 - Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual.

71.05.705 - Provider of designated crisis responder or crisis outreach services—Policy for home visits.

71.05.710 - Home visit by mental health professional—Wireless telephone to be provided.

71.05.715 - Crisis visit by mental health professional—Access to information.

71.05.720 - Training for community mental health employees.

71.05.730 - Judicial services—Civil commitment cases—Reimbursement.

71.05.732 - Reimbursement for judicial services—Assessment.

71.05.740 - Reporting of commitment data.

71.05.745 - Single bed certification.

71.05.750 - Report—No bed available for person who meets detention criteria.

71.05.755 - Duties upon receipt of no bed available report—Corrective actions.

71.05.760 - Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.

71.05.801 - Persons with developmental disabilities—Service plans—Habilitation services.

71.05.810 - Integration evaluation.

71.05.820 - Appearance by video technology.

71.05.940 - Equal application of 1989 c 420—Evaluation for developmental disability.

71.05.950 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.