RCW 71.34.780
Minor's failure to adhere to outpatient conditions—Deterioration of minor's functioning—Transport to facility or program—Order of apprehension and detention—Revocation of alternative treatment or conditional release—Hearings. (Effective until July 1, 2026.)
(1) If the professional person in charge of an outpatient treatment program, a designated crisis responder, or the director or secretary, as appropriate, determines that a minor is failing to adhere to the conditions of the court order for less restrictive alternative treatment or the conditions for the conditional release, or that substantial deterioration in the minor's functioning has occurred, the designated crisis responder, or the director or secretary, as appropriate, may order that the minor be taken into custody and transported to an inpatient evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program. A secure withdrawal management and stabilization facility or approved substance use disorder treatment program that has adequate space for the minor must be available.
(2)(a) The designated crisis responder, director, or secretary, as appropriate, shall file the order of apprehension and detention and serve it upon the minor and notify the minor's parent and the minor's attorney, if any, of the detention within two days of return. At the time of service the minor shall be informed of the right to a hearing and to representation by an attorney. The designated crisis responder or the director or secretary, as appropriate, may modify or rescind the order of apprehension and detention at any time prior to the hearing.
(b) If the minor is involuntarily detained for revocation at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program in a different county from where the minor was initially detained, the facility or program may file the order of apprehension, serve it on the minor and notify the minor's parents and the minor's attorney at the request of the designated crisis responder.
(3) A petition for revocation of less restrictive alternative treatment shall be filed by the designated crisis responder or the director, secretary, or facility, as appropriate, with the court in the county where the minor is detained. The court shall conduct the hearing in that county. A petition for revocation of conditional release must be filed in the county where the minor is detained. A petition shall describe the behavior of the minor indicating violation of the conditions or deterioration of routine functioning and a dispositional recommendation. The hearing shall be held within seven days of the minor's return. The issues to be determined are whether the minor did or did not adhere to the conditions of the less restrictive alternative treatment or conditional release, or whether the minor's routine functioning has substantially deteriorated, and, if so, whether the conditions of less restrictive alternative treatment or conditional release should be modified or, subject to subsection (4) of this section, whether the minor should be returned to inpatient treatment. Pursuant to the determination of the court, the minor shall be returned to less restrictive alternative treatment or conditional release on the same or modified conditions or shall be returned to inpatient treatment. If the minor is returned to inpatient treatment, RCW 71.34.760 regarding the director's placement responsibility shall apply. The hearing may be waived by the minor and the minor returned to inpatient treatment or to less restrictive alternative treatment or conditional release on the same or modified conditions.
(4) A court may not order the return of a minor to inpatient treatment in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program unless there is a secure withdrawal management and stabilization facility or approved substance use disorder treatment program available with adequate space for the minor.
[ 2020 c 302 § 97; 2019 c 446 § 41; 2018 c 201 § 5020; 2016 sp.s. c 29 § 279; 1985 c 354 § 11. Formerly RCW 71.34.110.]
NOTES:
Expiration date—2020 c 302 §§ 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97: See note following RCW 71.05.150.
Expiration date—2019 c 446 §§ 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41: See note following RCW 71.05.150.
Expiration date—2018 c 201 §§ 3009, 3012, 3026, 5017, and 5020: See note following RCW 71.05.240.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
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.
(1) If the professional person in charge of an outpatient treatment program, a designated crisis responder, or the director or secretary, as appropriate, determines that a minor is failing to adhere to the conditions of the court order for less restrictive alternative treatment or the conditions for the conditional release, or that substantial deterioration in the minor's functioning has occurred, the designated crisis responder, or the director or secretary, as appropriate, may order that the minor be taken into custody and transported to an inpatient evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program.
(2)(a) The designated crisis responder, director, or secretary, as appropriate, shall file the order of apprehension and detention and serve it upon the minor and notify the minor's parent and the minor's attorney, if any, of the detention within two days of return. At the time of service the minor shall be informed of the right to a hearing and to representation by an attorney. The designated crisis responder or the director or secretary, as appropriate, may modify or rescind the order of apprehension and detention at any time prior to the hearing.
(b) If the minor is involuntarily detained for revocation at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program in a different county from where the minor was initially detained, the facility or program may file the order of apprehension, serve it on the minor and notify the minor's parents and the minor's attorney at the request of the designated crisis responder.
(3) A petition for revocation of less restrictive alternative treatment shall be filed by the designated crisis responder or the director, secretary, or facility, as appropriate, with the court in the county where the minor is detained. The court shall conduct the hearing in that county. A petition for revocation of conditional release must be filed in the county where the minor is detained. A petition shall describe the behavior of the minor indicating violation of the conditions or deterioration of routine functioning and a dispositional recommendation. The hearing shall be held within seven days of the minor's return. The issues to be determined are whether the minor did or did not adhere to the conditions of the less restrictive alternative treatment or conditional release, or whether the minor's routine functioning has substantially deteriorated, and, if so, whether the conditions of less restrictive alternative treatment or conditional release should be modified or whether the minor should be returned to inpatient treatment. Pursuant to the determination of the court, the minor shall be returned to less restrictive alternative treatment or conditional release on the same or modified conditions or shall be returned to inpatient treatment. If the minor is returned to inpatient treatment, RCW 71.34.760 regarding the director's placement responsibility shall apply. The hearing may be waived by the minor and the minor returned to inpatient treatment or to less restrictive alternative treatment or conditional release on the same or modified conditions.
[ 2020 c 302 § 98; 2019 c 446 § 42; 2018 c 201 § 5021; 2016 sp.s. c 29 § 280; 2016 sp.s. c 29 § 279; 1985 c 354 § 11. Formerly RCW 71.34.110.]
NOTES:
Effective date—2020 c 302 §§ 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98: See note following RCW 71.05.150.
Effective date—2019 c 446 §§ 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42: See note following RCW 71.05.150.
Effective date—2018 c 201 §§ 3010, 3013, 3027, 5018, and 5021: See note following RCW 71.05.240.
Findings—Intent—2018 c 201: See note following RCW 41.05.018.
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.
Structure Revised Code of Washington
Chapter 71.34 - Behavioral Health Services for Minors.
71.34.300 - Evaluation and treatment program for minors—Authority's responsibility.
71.34.305 - Notice to parents, school contacts for referring students to inpatient treatment.
71.34.310 - Jurisdiction over proceedings under chapter—Venue.
71.34.315 - Mental health commissioners—Authority.
71.34.320 - Transfer of superior court proceedings to juvenile department.
71.34.325 - Court proceedings under chapter subject to rules of state supreme court.
71.34.330 - Attorneys appointed for minors—Compensation.
71.34.335 - Court records and files confidential—Availability.
71.34.351 - Delivery of minor to treatment facilities.
71.34.355 - Rights of minors undergoing treatment—Posting—Waiver—Presumption of incompetency.
71.34.356 - Possessions of minors undergoing treatment.
71.34.360 - No detention of minors after eighteenth birthday—Exceptions.
71.34.365 - Release of minor—Requirements.
71.34.375 - Family-initiated treatment—Notice to parents of available treatment options.
71.34.377 - Failure to notify parent or guardian of treatment options—Civil penalty.
71.34.379 - Notice to parent or guardian—Treatment options—Policy and protocol adoption—Report.
71.34.380 - Department, department of health, and authority to adopt rules to effectuate chapter.
71.34.385 - Uniform application of chapter—Training for designated crisis responders.
71.34.390 - Redirection of Title XIX funds to fund placements within the state.
71.34.395 - Availability of treatment does not create right to obtain public funds.
71.34.400 - Eligibility for medical assistance under chapter 74.09 RCW—Payment by authority.
71.34.405 - Liability for costs of minor's treatment and care—Rules.
71.34.406 - Liability of costs of minor's treatment—Involuntary detention—Rules.
71.34.410 - Liability for performance of duties under this chapter limited.
71.34.415 - Judicial services—Civil commitment cases—Reimbursement.
71.34.420 - Evaluation and treatment services—Unavailability—Single bed certification.
71.34.440 - Detention of minors—Permission to leave facility.
71.34.530 - Outpatient treatment of adolescent.
71.34.640 - Evaluation of treatment of adolescents.
71.34.660 - Limitation on liability for admitting or accepting adolescent.
71.34.670 - "Appropriately trained professional person" defined by rule.
71.34.680 - Data collection and tracking system for adolescents receiving treatment.
71.34.700 - Evaluation of adolescent brought for immediate inpatient treatment—Temporary detention.
71.34.705 - Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
71.34.706 - Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
71.34.730 - Petition for fourteen-day commitment—Requirements.
71.34.735 - Commitment hearing—Continuance or postponement.
71.34.740 - Commitment hearing—Requirements—Findings by court—Commitment—Release.
71.34.755 - Less restrictive alternative treatment—Requirements.
71.34.770 - Release of minor—Conditional release—Discharge.
71.34.905 - Rule making—Access to files and records of court proceedings.
71.34.910 - Appearance by video technology.
71.34.915 - Authority outreach—Law and policy communication—Accessibility.
71.34.918 - Authority outreach—Parent portal—Report to legislature.