Wash. Rev. Code § 71.05.290

Current through 2024

Section 71.05.290 - Petition for additional commitment-Affidavit

(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.

(2)

(a)

(i) The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by:

(A) One physician, physician assistant, or psychiatric *advanced registered nurse practitioner; and

(B) One physician, physician assistant, psychiatric *advanced registered nurse practitioner, or mental health professional.

(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an *advanced registered nurse practitioner instead of a psychiatric *advanced registered nurse practitioner.

(b) The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.

(3) If a person has been determined to be incompetent pursuant to RCW 10.77.086(7), then the professional person in charge of the treatment facility or his or her professional designee or the designated crisis responder may directly file a petition for 180-day treatment under RCW 71.05.280(3), or for 90-day treatment under RCW 71.05.280 (1), (2), or (4). No petition for initial detention or 14-day detention is required before such a petition may be filed.

RCW 71.05.290

Amended by 2023 c 453,§ 23, eff. 7/23/2023.

Amended by 2022 c 210,§ 16, eff. 6/9/2022.

Amended by 2020 c 302,§ 42, eff. 6/11/2020.

Reenacted and amended by 2017SP3 c 14,§ 18, eff. 4/1/2018.

Amended by 2016SP1 c 29,§ 235, eff. 4/1/2018.

Amended by 2016 c 155,§ 6, eff. 6/9/2016.

Amended by 2016 c 45,§ 3, eff. 6/9/2016.

Amended by 2015 c 250,§ 10, eff. 7/24/2015.

2009 c 217 § 3; 2008 c 213 § 7; 1998 c 297 § 16; 1997 c 112 § 24; 1986 c 67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20; 1973 1st ex.s. c 142 § 34.

*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.

Findings- 2023 c 453 : See note following RCW 10.77.060.

Effective date-2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21: See note following RCW 71.05.590.

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.

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