Wash. Rev. Code § 71.34.600

Current through the 2024 Regular Session

Section 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 person and facility

(1) A parent may bring, or authorize the bringing of, his or her adolescent child to:

(a) An evaluation and treatment facility or an inpatient facility licensed under chapter 70.41, 71.12, or 72.23 RCW and request that the professional person examine the adolescent to determine whether the adolescent has a mental disorder and is in need of inpatient treatment; or

(b) A secure withdrawal management and stabilization facility or approved substance use disorder treatment program and request that a substance use disorder assessment be conducted by a professional person to determine whether the adolescent has a substance use disorder and is in need of inpatient treatment.

(2) The consent of the adolescent is not required for admission, evaluation, and treatment if a parent provides consent.

(3) An appropriately trained professional person may evaluate whether the adolescent has a behavioral health disorder. The evaluation shall be completed within twenty-four hours of the time the adolescent was brought to the facility, unless the professional person determines that the condition of the adolescent necessitates additional time for evaluation. In no event shall an adolescent be held longer than one hundred twenty hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the adolescent to receive inpatient treatment, the adolescent may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the adolescent's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the authority if the adolescent is held solely for mental health and not substance use disorder treatment and of the date of admission. If the adolescent is held for substance use disorder treatment only, the professional person shall provide notice to the authority which redacts all patient identifying information about the adolescent unless:

(a) The adolescent provides written consent to the disclosure of the fact of admission and such other substance use disorder treatment information in the notice; or

(b) permitted by federal law.

(4) No provider is obligated to provide treatment to an adolescent under the provisions of this section except that no provider may refuse to treat an adolescent under the provisions of this section solely on the basis that the adolescent has not consented to the treatment. No provider may admit an adolescent to treatment under this section unless it is medically necessary.

(5) No adolescent receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

(6) Prior to the review conducted under RCW 71.34.610, the professional person shall notify the adolescent of his or her right to petition superior court for release from the facility.

RCW 71.34.600

Amended by 2020 c 302,§ 76, eff. 1/1/2021.

Amended by 2019 c 446,§ 28, eff. 7/28/2019.

Amended by 2019 c 381,§ 7, eff. 7/28/2019.

Amended by 2018 c 201,§ 5013, eff. 7/1/2018.

Amended by 2016SP1 c 29,§ 263, eff. 4/1/2018.

2007 c 375 § 11; 2005 c 371 § 4; 1998 c 296 § 17. Formerly RCW 71.34.052.

Effective date- 2020 c 302 s s 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92: See note following RCW 71.05.150.

Expiration date- 2020 c 302 s s 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91: See note following RCW 71.05.150.

Short title- 2019 c 381 : See note following RCW 71.34.500.

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.

Findings-Purpose-Construction-Severability-2007 c 375: See notes following RCW 10.31.110.

Finding-Intent-2005 c 371: "The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents." [ 2005 c 371 s 1.]

Severability-2005 c 371: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2005 c 371 s 7.]

Findings-Intent-Part headings not law-Short title-1998 c 296: See notes following RCW 74.13.025.