Revised Code of Washington
Chapter 71.34 - Behavioral Health Services for Minors.
71.34.905 - Rule making—Access to files and records of court proceedings.

RCW 71.34.905
Rule making—Access to files and records of court proceedings.

The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish rules regarding access to court records, and respectfully requests the Washington state supreme court to adopt rules regarding potential access for the following entities to the files and records of court proceedings under this chapter and chapter 71.05 RCW:
(1) The department;
(2) The department of health;
(3) The authority;
(4) The state hospitals as defined in RCW 72.23.010;
(5) Any person who is the subject of a petition;
(6) The attorney or guardian of the person;
(7) Resource management services for that person; and
(8) Service providers authorized to receive such information by resource management services.

[ 2020 c 302 § 99.]

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.34 - Behavioral Health Services for Minors.

71.34.010 - Purpose.

71.34.020 - Definitions.

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.

71.34.387 - Online training for behavioral health providers—State law and best practices when providing behavioral health services to children, youth, and families.

71.34.3871 - Stakeholder engagement efforts to measure impacts of the adolescent behavioral health care access act (2019 c 381)—Reports to governor and legislature.

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.

71.34.430 - Release of adolescent's mental health information to parent without adolescent's consent.

71.34.440 - Detention of minors—Permission to leave facility.

71.34.500 - Self-admission of adolescent for inpatient behavioral health treatment or substance use disorder treatment—Requirements.

71.34.510 - Notice to parents of adolescent voluntarily admitted to inpatient treatment—When required—Duties of professional person in charge—Form of notice.

71.34.520 - Notice of intent to leave inpatient treatment by adolescent voluntarily admitted—Duties of receiving staff member—Time frame for discharge of adolescent.

71.34.530 - Outpatient treatment of adolescent.

71.34.600 - Parental request for determination of whether adolescent has a behavioral health disorder requiring inpatient treatment—Adolescent's consent not required for admission, evaluation, and treatment—Duties and obligations of professional pers...

71.34.610 - Authority's review of medical necessity of inpatient treatment of adolescent admitted to a facility due to parental request—Required considerations in making determination—Procedures for release—At-risk youth petition—Costs—Public funds.

71.34.620 - Adolescent's court petition for release from inpatient treatment facility—Judicial review of medical necessity.

71.34.630 - Adolescent not released from inpatient treatment facility by court petition—Release within thirty days—Initiation of proceedings to stop release.

71.34.640 - Evaluation of treatment of adolescents.

71.34.650 - Parental request for determination of whether adolescent has a behavioral health disorder requiring outpatient treatment—Adolescent's consent not required for evaluation and certain treatment—Treatment reviews—Discharge.

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.

71.34.710 - Adolescent who presents likelihood of serious harm or is gravely disabled—Transport to inpatient facility—Petition for initial detention—Notice—Facility to evaluate and admit or release adolescent.

71.34.720 - Examination and evaluation of minor approved for inpatient admission—Referral to a secure withdrawal management and stabilization facility or substance use disorder treatment program—Right to communication, exception—Evaluation and treatm...

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.

71.34.750 - Petition for one hundred eighty-day commitment—Hearing—Requirements—Findings by court—Commitment order—Release—Successive commitments.

71.34.755 - Less restrictive alternative treatment—Requirements.

71.34.760 - Placement of minor in state evaluation and treatment facility or substance use disorder treatment program—Placement committee—Facility or program to report to committee.

71.34.770 - Release of minor—Conditional release—Discharge.

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.

71.34.790 - Transportation for minors committed to state facility for one hundred eighty-day treatment.

71.34.795 - Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities.

71.34.796 - Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.

71.34.815 - Assisted outpatient treatment—Findings—Petition, court order for less restrictive alternative treatment—Procedure.

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.