SUPERIOR COURT
MENTAL PROCEEDINGS RULES (MPR)
TABLE OF RULES
1. GENERAL
Rule
1.1 Notice--General
1.2 Continuance or Postponement
1.3 Confidentiality of Proceedings
1.4 Alternative Less Restrictive Treatment
2. PROCEEDINGS FOR INITIAL DETENTION
2.1 Summons
2.2 Authorization and Notice of Detention
2.2A Notice of Emergency Detention
2.3 Right To Copy Court Files
2.4 Probable Cause Hearing
2.5 Rescinded
3. PROCEEDINGS FOR NINETY OR ONE HUNDRED
EIGHTY-DAY COMMITMENT
3.1 First Court Appearance
3.2 Preliminary Appearance
3.3 Jury Demand
3.4 Hearing
3.5 Notice of Restrictions
4. PROCEEDINGS FOR CONDITIONAL RELEASE AND
REVOCATION OR MODIFICATION
4.1 Notice of Conditions
4.2 Authorization for Apprehension and Detention
4.3 Petition and Order of Apprehension and Detention--Service
4.4 Petition for Initial Detention
4.5 Hearing
5. VENUE
5.1 General
5.2 Conditional Release Hearing
5.3 Release of Records
5.4 Reserved
6. PETITIONS
6.1 Petition for Initial Detention
6.1A Petition for Initial Detention of a Minor
6.2 Petition for Fourteen-Day Involuntary Treatment
6.2A Petition for Fourteen-Day Commitment of Minors
6.3 Petition for Ninety-Day Involuntary Treatment
6.4 Petition for One Hundred Eighty-Day Involuntary Treatment
6.4A Petition for One Hundred Eighty-Day Involuntary Treatment of a Minor
6.5 Petition for Revocation of Conditional Release or Less Restrictive Treatment
6.5A Petition for Revocation of Conditional Release or Less Restrictive Treatment of a Minor
INTRODUCTION
The following rules have been designed and promulgated to give full
force and effect to Laws of 1973, 1st Ex. Sess., ch. 142. Any future
amendments which may be enacted will be dealt with in rules as the need may
arise.
Section 62 of the act directs the Supreme Court to adopt rules with
respect to court procedures and proceedings. Adoption of these rules is not
to be construed as approval of what could be a breach of the separation of
powers of government. While the Legislature may recommend rulemaking as to
particular matters, it may not mandate rulemaking which is an inherent
power of the judicial branch.
Although the courts generally do not pass upon the wisdom or the
workability of statutes, they are concerned with their constitutionality.
The adoption of these rules, which are merely designed to give effect to
the statute as it is written, does not in any manner indicate an opinion of
the court that the statute is or is not constitutional in any respect. In
promulgating them, the court does not in any manner obviate further
consideration of any portion of the statute or these rules in a proper
case.
Because of the complicated nature of the statute necessitating these
rules and the need that they be effective January 1, 1974, the court has
promulgated them without submitting them for comment, and now invites
comment from the bench and bar.
RULE 1.1
NOTICE--GENERAL
Whenever any notice or document pursuant to the provisions of RCW 71.05
is required to be served on a person who is detained or committed, such
notice or document shall be provided to the person's attorney, guardian, if
any, and, if the person is under 18 years of age, to any person, entity, or
institution having actual custody, in addition to any other person provided
by statute.
(a) Notice to Prosecutor. In any judicial proceeding under RCW 71.05
for involuntary commitment or detention in which the prosecuting attorney
is required to represent a party (see RCW 71.05.130), the prosecuting
attorney for the county in which the proceeding is initiated shall be
served with written notice of the proceedings and copies of the initiating
papers by the party initiating the proceedings.
(b) Notice to Attorney General. In any judicial proceeding under RCW
71.05 for involuntary commitment or detention in which the Attorney General
is required to represent a party (see RCW 71.05.130), the Attorney General
shall be served with written notice of the proceedings and copies of the
initiating papers by the party initiating the proceedings.
(c) Notice of Release. Whenever a person committed or detained under
RCW 71.05 is released or conditionally released, the court ordering such
commitment shall be notified immediately in writing of the release by the
superintendent or professional person in charge of the facility from which
the person is released.
RULE 1.2
CONTINUANCE OR POSTPONEMENT
In any judicial proceeding for involuntary commitment or detention held
pursuant to RCW 71.05 the court may continue or postpone such proceeding
for a reasonable time, subject to RCW 71.05.210 and RCW 71.05.240, on the
following grounds:
(a) On motion of the respondent if there is a showing of good cause;
(b) On motion of the prosecuting attorney or the Attorney General if:
(1) The respondent expressly consents to a continuance or delay and
there is a showing of good cause; or
(2) Required in the proper administration of justice and the respondent
will not be substantially prejudiced in the presentation of respondent's
case.
(c) The court on its own motion may continue the case when required in
the due administration of justice and when the respondent will not be
substantially prejudiced in the presentation of his case.
An order granting continuance shall state whether detention will be
extended and the grounds therefor.
RULE 1.3
CONFIDENTIALITY OF PROCEEDINGS
Proceedings had pursuant to RCW 71.05 shall not be open to the public,
unless the person who is the subject of the proceedings or his attorney
files with the court a written request that the proceedings be public. The
court in its discretion may permit a limited number of persons to observe
the proceedings as a part of a training program of a facility devoted to
the healing arts or of an accredited educational institution within the
state.
RULE 1.4
ALTERNATIVE LESS RESTRICTIVE TREATMENT
(a) As an alternative to detention, where the court makes a finding or
a special verdict is returned that the respondent should receive less
restrictive alternative treatment, the court may order such less
restrictive alternative treatment for no longer than the period for which
the respondent could have been committed at the hearing.
(b) If the court orders less restrictive alternative treatment, the
order shall specify the terms and conditions of the alternative treatment
and a copy shall be delivered to the respondent.
(c) If the conditions of the alternative treatment are not adhered to,
the designated mental health professional may order the respondent
apprehended according to the procedure defined by rules 4.1 through 4.5.
RULE 2.1
SUMMONS
The summons issued pursuant to RCW 71.05.150 shall include the
following:
(a) The date and time for appearance, not less than 24 hours from the
time at which the summons is served, at an evaluation and treatment
facility.
(b) The address of the evaluation and treatment facility.
(c) The business address and business telephone number of the
designated mental health professional.
(d) A statement that the person summoned may be detained at the
evaluation and treatment facility for up to 72 hours excluding Saturdays,
Sundays, and holidays.
(e) A statement whether the 72-hour evaluation period is on outpatient
or inpatient status.
(f) A statement that if the person summoned fails to appear at the
evaluation and treatment facility on or before the date and time indicated,
he may be taken into custody.
(g) A statement that an attorney will be appointed for the person
summoned unless the person has retained his own attorney.
(h) The name, business address and business telephone number of the
designated attorney.
(i) The summons shall be in substantially the following form:
THE STATE OF WASHINGTON TO (name of person to be detained):
It is alleged that because of mental disorder you present a likelihood
of serious harm to yourself, other persons, or the property of other
persons, or are gravely disabled.
You are hereby required to appear in person at (address of evaluation
and treatment facility) in (city), Washington, on or before (hour) on
(month, day, year) for evaluation and possible treatment. You may be
detained without court order for evaluation and possible treatment for not
more than 72 hours, not including Saturdays, Sundays, or holidays. If you
fail to appear in person on or before the date stated above, you may be
taken into custody.
You have the right to have an attorney. (Name, address, telephone
number) will be appointed as your attorney unless you make arrangements to
be represented by another attorney.
Dated this _______ day of ____________________, 19____.
(Signed) _______________________________
Mental Health Professional
(name) County, Washington
Address: _______________________________
Telephone: _____________________________
RULE 2.2
AUTHORIZATION AND NOTICE OF DETENTION
At the time when any person is taken into custody or as soon as
possible thereafter pursuant to RCW 71.05.150(1)(d) or RCW 71.05.150(2)
regardless of whether a summons has been issued pursuant to rule 2.1
written authorization to do so shall be served upon such person. A copy of
the authorization and a notice of detention shall be filed with the court.
The authorization and notice of detention shall include:
(a) The name of the person to be taken into custody.
(b) A statement that the person authorized to take custody is
authorized pursuant to RCW 71.05.150(1)(d) or RCW 71.05.150(2).
(c) A statement that the person is to be taken into custody for the
purpose of delivering that person to an evaluation and treatment facility
for a period of up to 72 hours excluding Saturdays, Sundays, and holidays.
The 72-hour period begins when the evaluation and treatment facility
provisionally accepts the person as provided in RCW 71.05.170.
(d) A statement specifying the name and location of the evaluation and
treatment facility where such person will be detained.
(e) The authorization and notice of detention shall be in substantially
the following form:
TO: ANY PEACE OFFICER OR MENTAL HEALTH PROFESSIONAL
(Name of person) ____ has failed to appear in response to summons
issued by me pursuant to RCW 71.05.150 a copy of which is attached, or ____
as a result of mental disorder:
____ presents an imminent likelihood of serious harm to him/herself
____ presents an imminent likelihood of serious harm to others
____ presents an imminent likelihood of serious harm to the property
of others
____ is in imminent danger because he/she is gravely disabled
You are notified to take or to cause such person to be taken into
custody forthwith and placed in (name and location of evaluation and
treatment facility) for evaluation and treatment for not more than 72
hours, or for such additional time as a court may order. The 72-hour period
begins when the person is provisionally accepted at the evaluation and
treatment facility and excludes Saturdays, Sundays, and holidays.
Dated: _______________________ (signed) __________________________
Mental Health Professional
(name) County, Washington
Respondent has been detained in (name and location of evaluation and
treatment facility).
Dated: _______________________ Time: _____________________________
(signed) __________________________
___ Peace Officer or ___ Mental
Health Professional, (name) County,
Washington
RULE 2.2A
NOTICE OF EMERGENCY DETENTION
The notice of emergency detention required to be filed with the court
and served upon the designated attorney of the detained person pursuant to
RCW 71.05.160 shall include a statement specifying the name and location of
the evaluation and treatment facility where the person taken into custody
has been detained.
The notice of emergency detention shall be in substantially the
following form:
(Respondent) has been detained in (name of evaluation and treatment
facility).
Dated: _______________________ Time of provisional acceptance:
(signed) __________________________
Mental Health Professional
(name) County, Washington
RULE 2.3
RIGHT TO COPY COURT FILES
Prior to and at the hearing provided for in RCW 71.05.200, 71.05.240,
and 71.05.250, the attorney for any detained person who will be a
respondent at such hearing shall be permitted to view and copy all
documents relating to the detained person which have been filed with the
court.
RULE 2.4
PROBABLE CAUSE HEARING
(a) Notice. If notice to the court and the prosecuting attorney of the
probable cause hearing as required by RCW 71.05.150(1)(c) includes the date
and time of the provisional acceptance of any person involuntarily
detained, no additional notice to the court shall be required pursuant to
RCW 71.05.170.
(b) Procedure.
(1) The probable cause hearing provided in RCW 71.05.200(1) shall be
held in accordance with the provisions of RCW 71.05.200(1), 71.05.240, and
71.05.250, except that under the circumstances defined by RCW 10.77.090,
the prosecuting attorney may be the petitioner.
(2) The probable cause hearing shall proceed as in other civil actions,
except that the court, in its discretion, may dispense with opening
statements and final arguments.
(3) The court shall be advised of any medications administered to the
respondent within the prior 24-hour period, and if it appears that the
person detained has refused medication 24 hours before the hearing, but was
nevertheless forced to receive medication during that period, the court may
continue the hearing for 24 hours, and may order that no medication shall
be administered to the person detained during such period.
(4) At the conclusion of the hearing, the court shall make written
findings of fact and conclusions of law, and enter an order for release or
for detention for an additional 14 days in an evaluation and treatment
facility, or such lesser treatment as shall to the court appear proper. A
copy of the order shall be served upon the evaluation and treatment
facility and on the mental health professional who signed the petition.
RULE 2.5
(Rescinded. See RCW 71.34.)
RULE 3.1
FIRST COURT APPEARANCE
For purposes of proceedings for 90-day commitment, the phrase "first
court appearance" provided in RCW 71.05.310, shall refer to the appearance
provided for in RCW 71.05.300 of that act.
RULE 3.2
PRELIMINARY APPEARANCE
Prior to the hearing provided for in RCW 71.05.320(2), the committed
person shall be brought before the court for an appearance which shall be
the same as that provided in RCW 71.05.300 of that act.
RULE 3.3
JURY DEMAND
(a) When Available. A jury is available only in a hearing for 90- or
180-day commitment proceedings pursuant to RCW 71.05.300 and RCW 71.05.320.
(b) Procedure for Demand. Within 2 judicial days after the person
detained is advised in open court of his right to a jury trial as provided
in RCW 71.05.300 the person detained may demand a trial by jury in the
hearing on the petition for 90-day or 180-day detention by serving upon the
prosecuting attorney a demand therefor in writing, by filing the demand
therefor with the clerk. No jury fee shall be required. If no party, within
the time above specified, serves and files a demand for jury trial, the
matter shall be heard without a jury. If no party, within the time above
specified, serves or files a demand that the matter be tried by a jury of
12, it shall be tried by a jury of 6 members, with concurrence of 5 being
required to reach a verdict.
RULE 3.4
HEARING
(a) Procedure. The hearing shall be proceeded with as in any other
civil action.
(b) Findings and Conclusions. Unless the matter is tried to a jury, the
court shall make and enter findings of fact and conclusions of law.
(c) Verdict. If the matter is tried to a jury, the court shall instruct
the jury to bring in a special verdict, which shall be in terms of the
issues specified in RCW 71.05.320.
3.5 NOTICE OF RESTRICTIONS The contents of this item are only available on-line.
RULE 4.1
NOTICE OF CONDITIONS
Any person conditionally released pursuant to RCW 71.05.340 shall be
notified in writing of the terms and conditions of the release and shall be
notified in writing of any modifications of such terms and conditions. Such
notification shall also be given in writing to the court which ordered the
person's commitment.
RULE 4.2
AUTHORIZATION FOR APPREHENSION AND DETENTION
At the time of taking any person into custody for failure to adhere to
the terms and conditions of release under RCW 71.05.340 or of an
alternative treatment under RCW 71.05.320, an authorization for
apprehension and detention shall be served upon the person. The
authorization for apprehension and detention shall include:
(a) The name of the person taken into custody;
(b) A statement that it is issued pursuant to the suspension of
conditional release or alternative treatment;
(c) The date on which the order of commitment or order for alternative
treatment was entered and the number of days, if any, for which the person
was ordered committed.
(d) The authorization shall be in substantially the following form:
TO: ANY PEACE OFFICER OR MENTAL HEALTH PROFESSIONAL
You are authorized to take or cause to be taken (name of person) into
custody and place such person in (name and location of evaluation and
treatment facility) for detention pursuant to ___ RCW 71.05.340 (suspension
of conditional release) or ___ RCW 71.05.320 (suspension of alternative
treatment). The named person was ___ conditionally released from an order
of commitment or ___ originally placed on alternative treatment, the
conditions of which have been violated. The named person's commitment to
inpatient treatment or alternative treatment was originally ordered for
(number) days by (name of court) on (date).
Date: ___________________ (signed) _______________________________
___ Secretary, Department of Social and
Health Services, State of Washington,
or His Designee,
___ Mental Health Professional
(name) County, Washington
RULE 4.3
PETITION AND ORDER OF APPREHENSION
AND DETENTION--SERVICE
Unless otherwise ordered by the court, the petition and order of
apprehension and detention required in RCW 71.05.340, shall be served on
the person to be apprehended and detained at the time of apprehension, and
on his guardian, if any, and his attorney, if any, as soon as possible.
Where no order of apprehension and detention has been issued, a
petition shall be filed with the court within 72 hours and the person, his
attorney, if any, and his guardian, if any, shall be served with a copy of
the petition within 24 hours after the petition is filed with the court. At
the time the petition is served on the person, notice shall be filed with
the court and served on the person that a hearing will be held within 15
days.
RULE 4.4
PETITION FOR INITIAL DETENTION
A mental health professional may commence new proceedings for 72-hour
detention pursuant to RCW 71.05.150, notwithstanding an order of less
restrictive alternative treatment under RCW 71.05.320 or a grant of
conditional release pursuant to RCW 71.05.340.
RULE 4.5
HEARING
(a) Burden of Proof. Before entering an order returning any person for
involuntary treatment on an inpatient basis as a result of failure to
adhere to the terms and conditions of conditional release pursuant to RCW
71.05.340 or less restrictive treatment under RCW 71.05.320, the court
shall find at the hearing that there is clear, cogent, and convincing
evidence that such person did not adhere to the terms and conditions of
release or less restrictive treatment, that the terms of such release or
treatment should not be modified, and that the person should be returned to
inpatient treatment.
(b) Waiver. Waiver of the hearing provided for in RCW 71.05.340 shall
be in writing signed by all persons required to waive under that section. A
copy of the waiver shall be filed with the court in which the notice of
apprehension and detention was filed.
RULE 5.1
GENERAL
Proceedings pursuant to RCW 71.05 shall be brought in the superior
court of the county in which the person is being detained. The court, for
good cause, may transfer a proceeding to the county of respondent's
residence, or to the county in which the alleged conduct evidencing need
for treatment occurred.
RULE 5.2
CONDITIONAL RELEASE HEARING
The notice of apprehension and detention and the petition for hearing
required in RCW 71.05.340, shall be filed in the county ordering the
commitment from which the person was conditionally released. Upon motion
for good cause, the court may order the proceeding transferred to the court
in the county in which the person was receiving outpatient care or the
county of the person's residence.
RULE 5.3
RELEASE OF RECORDS
A proceeding for the release of records or files pursuant to
RCW 71.05. 390 shall be in the court maintaining such records or files.
RULE 5.4
(RESERVED)
RULE 6.1
PETITION FOR INITIAL DETENTION
The petition for initial detention shall contain the following:
(a) Identification of the petitioner as a peace officer or designated
mental health professional.
(b) A statement describing the circumstances under which the condition
of the respondent was brought to the petitioners attention.
(c) A statement that as a result of the petitioners personal
observation or investigation, the petitioner believes that the actions of
the respondent constitute a likelihood of harm to the respondent, others,
or to the property of others, or that the respondent is gravely disabled.
(d) A statement of the specific facts known to the petitioner upon
which he bases his belief that respondent should be detained for the
purposes and under the authority of RCW 71.05.
(e) A request that the respondent be detained at an evaluation and
treatment facility for no more than a 72-hour treatment and evaluation
period.
(f) The date and the signature of the petitioner.
(g) The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: )
) No. __________
)
Petitioner: ) PETITION FOR INITIAL
and ) DETENTION
)
Respondent: ) RCW __________
Pursuant to RCW 71.05 petitioner ___ a peace officer or ___ mental
health professional designated by the county alleges under penalty of
perjury that:
Respondent, _______________, was brought to my attention under the
following circumstances: _____________________________________________
______________________________________________________________________
______________________________________________________________________
As a result of my personal observation or investigation I believe that
the actions of the respondent constitute a likelihood of serious harm to
the respondent, others, or to the property of others, or that the
respondent is gravely disabled.
The specific facts known to me as a result of personal observation or
investigation, upon which I base the belief that the respondent should be
detained for the purposes and under the authority of RCW 71.05 are:
______________________________________________________________________
______________________________________________________________________
Therefore the petitioner requests that the respondent be detained at an
evaluation and treatment facility for no more than a 72-hour evaluation and
treatment period, excluding Saturdays, Sundays, and holidays.
Dated this _______ day of ____________________, 19____.
___________________________________
Petitioner
Sworn and Subscribed on _________________________________________
___________________________________
Notary Public for the State of
Washington Residing at ____________
My commission expires on __________
RULE 6.1A
PETITION FOR INITIAL DETENTION OF A MINOR
The petition for initial detention shall contain the following:
(a) Identification of the petitioner as a designated mental health
professional.
(b) A statement describing the circumstances under which the condition
of the respondent was brought to the petitioners attention.
(c) A statement that as a result of the petitioners personal
observation or investigation, the petitioner believes that the actions of
the respondent constitute a likelihood of serious harm to the respondent,
others, or to the property of others, or that the respondent is gravely
disabled.
(d) A statement of the specific facts known to the petitioner upon
which he bases his belief that respondent should be detained for the
purposes and under the authority of RCW 71.34.
(e) A request that the respondent be detained at an evaluation and
treatment facility for no more than a 72-hour treatment and evaluation
period.
(f) A statement that voluntary admission for inpatient treatment is not
possible.
(g) The date and the signature of the petitioner.
(h) The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: )
) No. __________
)
Petitioner: ) PETITION FOR INITIAL
and ) DETENTION OF A MINOR
)
Respondent: ) RCW 71.34.050
Pursuant to RCW 71.34 petitioner, a mental health professional
designated by the county, alleges under penalty of perjury that:
Respondent, _______________, was brought to my attention under
the following circumstances: _________________________________________
______________________________________________________________________
______________________________________________________________________
As a result of my personal observation or investigation I believe that
the actions of the respondent constitute a likelihood of serious harm or
that the respondent is gravely disabled.
The specific facts known to me as a result of personal observation or
investigation, upon which I base the belief that the respondent should be
detained for the purposes and under the authority of RCW 71.34 are:
______________________________________________________________________
______________________________________________________________________
Voluntary admission is not possible. Therefore the petitioner requests
that the respondent be detained at an evaluation and treatment facility for
no more than a 72-hour evaluation and treatment period, excluding
Saturdays, Sundays, and holidays.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
RULE 6.2
PETITION FOR FOURTEEN-DAY INVOLUNTARY TREATMENT
The petition for 14-day involuntary treatment shall contain the following:
(a) The name and address of the petitioner(s).
(b) The name of the person alleged, as a result of mental disorder,
to present a likelihood of serious harm to him/herself, others, or the
property of others, or to be gravely disabled, and, if known to the
petitioner, the address, age, sex, marital status and occupation of the
person. Such person shall be denominated the respondent.
(c) The facts upon which the allegations of the petition are based.
(d) The name of every person known or believed by the petitioner to
be legally responsible for the care, support, and maintenance of the
person alleged, as a result of mental disorder, to present a likelihood
of serious harm to others or himself, or to be gravely disabled, and the
address of each such person if known to the petitioner.
(e) A statement that the professional staff of the evaluation and
treatment facility has examined and analyzed respondent's condition and
finds that as a result of mental disorder respondent presents a
likelihood of serious harm to himself or others or is gravely disabled.
(f) A statement that the respondent has been advised of the need for
voluntary treatment and that the professional staff of the facility has
evidence that he has not in good faith volunteered.
(g) A statement that the facility providing intensive treatment is
certified to provide such treatment by the Department of Social and
Health Services of the State of Washington.
(h) A statement that there is no less restrictive alternative to
detention in the best interests of respondent or others, or that a less
restrictive alternative is sought and a specification of what that alternative is.
(i) A demand that a probable cause hearing be held within 72 hours
after provisional acceptance at the evaluation and treatment facility,
excluding Saturdays, Sundays, and holidays, unless the person is sooner
released, on the issue of whether the respondent shall be detained for an
additional 14 days' involuntary treatment or whether such person shall be
treated under less restrictive alternatives.
(j)The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR FOURTEEN-
) DAY INVOLUNTARY
) TREATMENT
)
Respondent. ) RCW __________
(Petitioner(s)), ___ mental health professional for _____________
County, ___ member(s) of professional staff of _______________________
(agency or facility), ___ prosecuting attorney for _________________
County pursuant to RCW 10.77.090, alleges that:
(Respondent), residing at (address) in (city or town), is a
___ single ___ married ___ widowed ___ divorced ___ male ___ female
age _____. (Respondent's) occupation is ______________________________
______________________________________________________________________
______________________________________________________________________
The professional staff of the evaluation agency or facility has
examined respondent's condition and finds that as a result of mental
disorder (respondent) presents:
___ a likelihood of serious harm to him/herself,
___ a likelihood of serious harm to others,
___ a likelihood of serious harm to the property of others,
___ is gravely disabled.
The facts upon which the allegations of this petition are based are as follows:
______________________________________________________________________
______________________________________________________________________
(use back of page if necessary)
The person(s) legally responsible for the care, support, and
maintenance of (respondent) and their relationship to him are, so far as
known to the petitioner, as follows: (Give names, addresses, and
relationship of persons named as respondents.)
______________________________________________________________________
(use back of page if necessary)
The respondent has been advised of the need for, but has not accepted
voluntary treatment.
The facility providing intensive treatment is certified to provide
such treatment by the Department of Social and Health Services.
The petitioner(s) request(s) that a hearing be held before (time and
date) unless the respondent is sooner released, to determine whether
(respondent) ___ shall be detained for 14 days' involuntary treatment
because there is no less restrictive alternative to detention in the best
interest of respondent or others, or ___ shall be required to comply with
the following less restrictive alternative:
______________________________________________________________________
______________________________________________________________________
Dated this _______day of ____________________, 19____.
_________________________________________________________
Petitioner __ Physician __ MHP __ Prosecuting Attorney __
_________________________________________________________
Petitioner __ Physician __ MHP __ Prosecuting Attorney __
_________________________________________________________
_________________________________________________________
Address
Sworn and Subscribed on__________________________________________
____________________________________________________
Notary Public for the State of Washington
Residing at ________________________________________
My commission expires on____________________________
RULE 6.2A
PETITION FOR FOURTEEN-DAY COMMITMENT
OF MINORS
The petition for 14-day commitment of a minor shall contain the
following:
(a) The names and addresses of the petitioners. The petitioners shall
be two physicians or one physician and one mental health professional.
(b) The name, address, age, and sex of the respondent minor.
(c) The name, address and telephone number, if known, of every person
believed by the petitioner to be legally responsible for the minor.
(d) A statement that the minor is or is not in detention at the time
the petition is filed, and, if so, the name and location of the place of
detention.
(e) A statement that the minor, as a result of mental disorder,
presents a likelihood of serious harm to him/herself or others, or is
gravely disabled.
(f) A statement that the minor has been advised of the need of
voluntary treatment but has been unwilling or unable to consent to
necessary treatment.
(g) The facts upon which the allegations of the petition are based.
(h) A statement concerning whether an alternative less restrictive than
inpatient treatment is in the best interest of the minor.
(i) The name and location of the facility in which respondent will be
detained and a statement that such facility is certified by the Department
of Social and Health Services to provide evaluation and treatment to
persons under 18 years of age suffering from mental disorders.
(j) A statement recommending the appropriate facility or facilities to
provide the necessary treatment.
(k) A demand that a hearing be held to determine whether the minor
shall be committed to inpatient treatment or whether an alternative less
restrictive treatment exists.
(l) The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR FOURTEEN-
) DAY COMMITMENT
) OF A MINOR
)
Respondent. ) RCW 71.34.070
(Petitioners) are (physician) and (physician/mental health
professional). Petitioners' addresses are ____________________________
____________________________
(Respondent), residing at (address) in (city or town), Washington, is a
___ male ___ female years of age.
The name, address and telephone number of every person believed
by the petitioner to be legally responsible for the minor:
______________________________________________________________________
______________________________________________________________________
At the time of filing this petition, respondent ___ is ___ is not in
detention pursuant to RCW 71.34. If respondent is in detention, the name
and location of the facility in which respondent is in detention are
_________________________________________________________________.
Respondent, as a result of mental disorder, ___ presents a likelihood
of serious harm to him/herself, ___ presents a likelihood of serious harm
to others, ___ is gravely disabled.
That the minor has been advised of the need for voluntary treatment and
is unwilling or unable to consent to necessary treatment.
The facts upon which the allegations of this petition are based
are: _________________________________________________________________
______________________________________________________________________
The following alternative courses of treatment have been considered:
______________________________________________________________________
No alternative less restrictive than detention is in the best interest
of the respondent.
The facility in which respondent will be detained is (name and
location), certified by the Department of Social and Health Services to
provide evaluation and treatment to persons under 18 years of age suffering
from mental disorders.
Recommended treatment facilities: _______________________________
Name
_______________________________
Address
The petitioner(s) request(s) that a hearing be held in the above named
court to determine whether respondent shall be involuntarily committed to
inpatient care or whether there shall be an alternative less restrictive
treatment pursuant to RCW 71.34.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner (MD)
_________________________________________
Petitioner (MD/MHP)
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
RULE 6.3
PETITION FOR NINETY-DAY INVOLUNTARY TREATMENT
The petition for 90-day involuntary treatment shall contain the
following:
(a) The name and address of the petitioner.
(b) The name and address of the person alleged, as a result of mental
disorder, to present a likelihood of serious harm to him/herself or others
because such person (1) has threatened, attempted, or inflicted physical
harm upon the person of another or him/herself or substantial damage upon
the property of another after having been taken into custody for evaluation
and treatment, or (2) was taken into custody as a result of conduct in
which he/she attempted or inflicted physical harm upon the person of
another or him/herself, or (3) is gravely disabled, or (4) has been
determined to be incompetent and criminal charges have been dismissed
pursuant to RCW 10.77.090(3) and has committed acts constituting a felony,
and presents substantial likelihood of repeating similar acts. Such person
shall be denominated the respondent.
(c) A statement that petitioner is the professional person in charge of
the treatment facility in which the respondent is detained pursuant to
court order or his professional designee, or the county mental health
professional of (name) County.
(d) The name of the court ordering 14-day involuntary treatment or
finding the respondent incompetent pursuant to RCW 10.77.090(3) and the
date on which such order or finding was entered.
(e) A summary of the facts supporting the allegations of the petition.
(f) A demand that a hearing be held within 5 judicial days of the first
court appearance after the probable cause hearing unless the person named
in the petition requests a jury trial, in which case trial shall commence
within 10 judicial days of the filing of the petition for 90-day treatment
on the issue of whether the person alleged, as a result of mental disorder,
to present a likelihood of serious harm, to himself or others, shall be
detained for involuntary treatment for a period not to exceed 90 days.
(g) A statement that the petition is supported by accompanying
affidavits and the names of the persons signing such affidavits.
(h) The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR NINETY-DAY
) INVOLUNTARY TREATMENT
)
Respondent. ) RCW __________
(Petitioner), ___ the professional person in charge, or ___ his
professional designee, or ___ the county mental health professional for
(name) county, of (name of facility) in which (respondent) is detained for
(number) days pursuant to an order of (name of court) entered on (date)
alleges that:
(Respondent), residing at (address) in (city or town), is a
___ single ___ married ___ widowed ___ divorced ___ male ___ female
age _____.
As a result of mental disorder (respondent) presents a likelihood of
serious harm to him/herself or others because respondent ___ has
threatened, attempted, or inflicted physical harm upon the person of
another or him/herself or substantial damage upon the property of another
after having been taken into custody for evaluation and treatment, or ___
was taken into custody as a result of conduct in which respondent
threatened, attempted or inflicted physical harm upon the person of another
or him/herself, or ___ is gravely disabled, or ___ has been determined to
be incompetent and criminal charges have been dismissed pursuant to RCW
10.77.090(3), and has committed acts constituting a felony, and as a result
of mental disorder, presents a substantial likelihood of repeating similar
acts.
The facts upon which the allegations of this petition are based
are summarized as follows: ___________________________________________
______________________________________________________________________
The allegations are supported by the accompanying affidavits
signed by ___________________________________________________________.
The petitioner requests that a hearing be held to determine whether
(respondent) shall be detained for involuntary treatment for a period not
to exceed 90 days.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
RULE 6.4
PETITION FOR ONE HUNDRED EIGHTY-DAY
INVOLUNTARY TREATMENT
The petition for 180-day involuntary treatment shall contain the
following:
(a) The name and address of the person filing the petition and the
statement that the petitioner is the superintendent or professional person
in charge of the facility in which the person who is alleged, as a result
of mental disorder, to present a likelihood of serious harm to others, is
detained, or in the event that the defendant has received involuntary
treatment but has not been committed to a treatment facility or has been
conditionally released from such a facility, a statement that the
petitioner is the county mental health professional of (name) County.
(b) The name and address of the person alleged, as a result of a mental
disorder, to present a likelihood of serious harm to others because such
person (1) during his/her current period of court ordered treatment has
threatened, attempted or actually inflicted physical harm on another or
substantial damage upon the property of another, or (2) was taken into
custody as a result of conduct in which he/she attempted or inflicted
serious physical harm upon the person of another and continues to present,
as a result of mental disorder, a likelihood of serious harm to others, or
(3) is in custody pursuant to RCW 71.05.280(3) (acts constituting a felony)
and as a result of mental disorder presents a substantial likelihood of
repeating similar acts, or (4) continues to be gravely disabled. Such
person shall be denominated the respondent.
(c) The name of the court ordering involuntary treatment for which the
respondent is presently detained, and the date on which such order was
entered.
(d) A summary of the facts supporting the allegations of the petition.
(e) A demand that a hearing be held within 5 judicial days of the first
court appearance after the probable cause hearing unless the person named
in the petition requests a jury trial, in which case trial shall commence
within 10 judicial days of the filing of the petition for 180-day treatment
on the issue of whether the person alleged, as a result of mental disorder,
to present a likelihood of serious harm to others, shall be detained for
involuntary treatment for a period not to exceed 180 days.
(f) A statement that a form of treatment less restrictive than
involuntary detention is not in the best interest of the respondent or
others.
(g) The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR ONE HUNDRED
) EIGHTY-DAY INVOLUNTARY
) TREATMENT
)
Respondent. ) RCW __________
(Petitioner), the superintendent or professional person in charge of
(name of facility) in which (respondent) is detained for (number) days
pursuant to an order of (name of court) entered on (date) alleges that:
(Respondent), residing at (address) in (city or town), is a
___ single ___ married ___ widowed ___ divorced ___ male ___ female
age _____.
(Respondent) ___ has threatened, attempted or actually inflicted harm
on another person, or substantial damage upon the property of another
during respondent's current period of court ordered treatment and as a
result of mental disorder presents a likelihood of serious harm to others,
or ___ was taken into custody as a result of conduct in which respondent
attempted or inflicted serious physical harm upon the person of another and
continues to present as a result of mental disorder a likelihood of serious
harm to others, or ___ is in custody pursuant to RCW 71.05.280(3) (acts
constituting a felony) and as a result of mental disorder presents a
substantial likelihood of repeating similar acts, or ___ continues to be
gravely disabled.
The facts upon which the allegations of this petition are based
are as follows: ______________________________________________________
______________________________________________________________________
______________________________________________________________________
A form of treatment less restrictive than involuntary detention is not
in the best interest of the respondent or others.
The petitioner requests that a hearing be held to determine whether
(respondent) shall be detained for involuntary treatment for a period not
to exceed 180 days.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
RULE 6.4A
PETITION FOR ONE HUNDRED EIGHTY-DAY INVOLUNTARY
TREATMENT OF A MINOR
The petition for 180-day involuntary treatment of a minor shall contain
the following:
(a) The name and address of the person filing the petition and the
statement that the petitioner is the professional person in charge of the
facility in which the person who is alleged, as a result of mental
disorder, to present a likelihood of serious harm to others or is gravely
disabled, is detained, or in the event that the defendant has received
involuntary treatment but has not been committed to a treatment facility or
has been conditionally released from such a facility, a statement that the
petitioner is the county mental health professional of (name) County.
(b) The name and address and age of the minor alleged, as a result of a
mental disorder, to present a likelihood of serious harm to him/herself,
others, or property or continues to be disabled. Such minor shall be
denominated the respondent.
(c) The name of the court ordering involuntary treatment for which the
respondent is presently detained, and the date on which such order was
entered.
(d) A summary of the facts supporting the allegations of the petition.
(e) A demand that a hearing be held within 7 days of the filing of the
petition for 180-day treatment on the issue of whether the minor alleged,
as a result of mental disorder, to present a likelihood of serious harm or
is gravely disabled, shall be detained for involuntary treatment for a
period not to exceed 180 days.
(f) A statement that the minor is in need of further treatment that can
only be provided in a 180-day commitment and this treatment is in the
minors best interests.
(g) A statement that less restrictive alternative treatment is/is not
available and/or appropriate.
(h) The petition shall be supported by accompanying affidavits signed
by two examining physicians, one of whom shall be a child psychiatrist, or
by one examining physician and one children's mental health specialist.
(i) The petition shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR ONE HUNDRED
) EIGHTY-DAY INVOLUNTARY
) TREATMENT OF A MINOR
)
Respondent. ) RCW 71.34.090
(Petitioner), professional person in charge of (name of facility) in
which (respondent) is detained for (number) days pursuant to an order of
(name of court) entered on (date) alleges that:
(Respondent), residing at (address) in (city or town), is a
___ single ___ married ___ widowed ___ divorced ___ male ___ female
age _____.
(Respondent) ___ presents a likelihood of serious harm to him/herself
or ___ presents a likelihood of serious harm to others or ___ presents a
likelihood of serious harm to property or ___ is gravely disabled.
(Respondent) ___ has threatened, attempted or actually inflicted harm
on another person, or substantial damage upon the property of another
during respondent's current period of court ordered treatment and a s
result of mental disorder presents a likelihood of serious harm to other,
or ___ was taken into custody as a result of conduct in which respondent
attempted or inflicted serious physical harm upon the person of another and
continues to present as a result of mental disorder a likelihood of serious
harm to others, or ___ is in custody pursuant to RCW 71.05.280(3) (acts
constituting a felony) and as a result of mental disorder presents a
substantial likelihood of repeating similar acts, or ___ continues to be
gravely disabled.
Summary of facts supporting the petition: _______________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
A form of treatment less restrictive than involuntary detention
___ is or ___ is not in the best interest of the respondent or others.
The petitioner requests that a hearing be held to determine whether
(respondent) shall be detained for involuntary treatment for a period not
to exceed 180 days.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner (MD)
_________________________________________
Petitioner (MD/MHP)
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
RULE 6.5
PETITION FOR REVOCATION OF CONDITIONAL RELEASE
OR LESS RESTRICTIVE TREATMENT
The petition for revocation of conditional release or less restrictive
treatment shall contain the following:
(a) The name and address of the petitioner and the statement that
petitioner is the Secretary of the Department of Social and Health
Services, State of Washington, or is the county mental health professional
for (name) County.
(b) The name and address of the person alleged to have failed to adhere
to the terms and conditions of release or less restrictive treatment. Such
person shall be denominated the respondent.
(c) The facts upon which the allegations of the petition are based.
(d) A statement that the respondent was released under terms and
conditions of a court ordered less restrictive treatment or under terms and
conditions set by an evaluation and treatment facility, and that a copy of
the terms and conditions is attached to the petition. The statement shall
also contain the date the order was entered, number of days for which
effective, and the court entering such order.
(e) The date, time and place of detention of the respondent if he is
detained pursuant to an order of the secretary, or whether such an order
has been or will be issued.
(f) A demand that a hearing be held within 5 days of the date on which
respondent was detained pursuant to an order of the secretary, or not less
than 15 days from the date of service of the petition on the respondent, on
the issues of whether the respondent failed to adhere to the terms and
conditions of release or less restrictive treatment, whether the conditions
of the release should be modified, or whether the person should be placed
in an involuntary treatment facility.
(g) The petition shall be in substantially the following form, with a
copy of the terms and conditions attached:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR REVOCATION
) OF CONDITIONAL RELEASE
)
Respondent. ) RCW __________
(Petitioner), ___ Secretary of the Department of Social and Health
Services, State of Washington, or ___ county mental health professional for
(name) County alleges that:
(Respondent), residing at (address) in (city or town), is a
___ single ___ married ___ widowed ___ divorced ___ male ___ female
age _____.
Pursuant to an order of (name) court entered on (date), respondent was
detained for involuntary treatment
for a period not to exceed (number) days in (name of facility), or was
placed on less restrictive alternative treatment.
___ (Respondent) was conditionally released from inpatient care at
(name of facility) prior to expiration of the court ordered period of
detention, under terms and conditions for such release copies of which,
including modifications, are attached and were filed in (name) court on
(date(s)) or ___ respondent was placed on less restrictive treatment under
terms and conditions copies of which, including modifications, are
attached.
During the period of conditional release or less restrictive treatment,
respondent was receiving outpatient care from (name of facility) located in
(city or town), (name) County.
Pursuant to RCW __________, petitioner ___ has ___ has not issued an
order for the apprehension and detention of respondent and respondent ___
is not detained ___ is detained in (name of facility) located in (city,
town), (name) county.
(Respondent) has failed to adhere to the terms and conditions of
respondent's release from involuntary detention or less restrictive
alternative treatment and ___ the conditions of release or less restrictive
treatment should be modified or ___ the person should be placed in an
involuntary treatment facility.
The facts upon which the allegations of this petition are based
are as follows: ______________________________________________________
______________________________________________________________________
The petitioner requests that a hearing be held to determine whether
respondent has failed to adhere to the terms and conditions of release or
less restrictive treatment, and whether the respondent shall be placed on
involuntary treatment on an inpatient basis or whether the terms and
conditions of release or less restrictive treatment shall be modified.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
RULE 6.5A
PETITION FOR REVOCATION OF CONDITIONAL RELEASE
OR LESS RESTRICTIVE TREATMENT OF A MINOR
The petition for revocation of conditional release or less restrictive
treatment shall contain the following:
(a) The name and address of the petitioner and the statement that
petitioner is the Secretary of the Department of Social and Health
Services, State of Washington, or is the county mental health professional
for (name) County.
(b) The name and address of the person alleged to have failed to adhere
to the terms and conditions of release or less restrictive treatment or
whose functioning has substantially deteriorated. Such person shall be
denominated the respondent.
(c) The facts upon which the allegations of the petition are based.
(d) A statement that the respondent was released under terms and
conditions of a court ordered less restrictive treatment or under terms and
conditions set by an evaluation and treatment facility, and that a copy of
the terms and conditions is attached to the petition, or that substantial
deterioration of the minors functioning has occurred. The statement shall
also contain the date the order was entered, number of days for which
effective, and the court entering such order.
(e) The date, time and place of detention of the respondent if he/she
is detained pursuant to an order of the secretary, or whether such an order
has been or will be issued.
(f) A demand that a hearing be held within 7 days of the date on which
respondent was detained.
(g) The petition shall describe the behavior of the minor indicating
violation of the conditions or deterioration of routine functioning and a
dispositional recommendation.
(h) The petition shall be in substantially the following form, with a
copy of the terms and conditions attached:
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In re the Detention of: ) No. __________
)
) PETITION FOR REVOCATION
) OF CONDITIONAL RELEASE
) OR LESS RESTRICTIVE
) ALTERNATIVE TREATMENT
)
Respondent. ) RCW 71.34.110
(Petitioner), ___ Secretary of the Department of Social and Health
Services, State of Washington, or ___ county mental health professional for
(name) County alleges that:
(Respondent), residing at (address) in (city or town), is a
___ single ___ married ___ widowed ___ divorced ___ male ___ female
age _____.
Pursuant to an order of (name) court entered on (date), respondent was
detained for involuntary treatment for a period not to exceed (number) days
in (name of facility), or was placed on less restrictive alternative
treatment.
___ (Respondent) was conditionally released from inpatient care at
(name of facility) prior to expiration of the court ordered period of
detention, under terms and conditions for such release copies of which,
including modifications, are attached and were filed in (name) court on
(date(s)) or ___ respondent was placed on less restrictive treatment under
terms and conditions copies of which, including modifications, are
attached.
During the period of conditional release or less restrictive treatment,
respondent was receiving outpatient care from (name of facility) located in
(city or town), (name) County.
Pursuant to RCW __________, petitioner ___ has ___ has not issued an
order for the apprehension and detention of respondent and respondent ___
is not detained ___ is detained in (name of facility) located in (city or
town), (name) County.
(Respondent) has failed to adhere to the terms and conditions of
respondent's release from involuntary detention or less restrictive
alternative treatment, the minors routine functioning has substantially
deteriorated and ___ the conditions of release or less restrictive
treatment should be modified or ___ the person should be placed in an
involuntary treatment facility.
The facts upon which the allegations of this petition are based
are as follows: ______________________________________________________
______________________________________________________________________
The petitioner requests that a hearing be held to determine whether
respondent has failed to adhere to the terms and conditions of release or
less restrictive treatment, or whether the minors routine functioning has
substantially deteriorated, and whether the respondent shall be placed on
involuntary treatment on an inpatient basis or whether the terms and
conditions of release or less restrictive treatment shall be modified.
Dated this _______ day of ____________________, 19____.
_________________________________________
Petitioner
Sworn and Subscribed on _________________________________________
_________________________________________
Notary Public for the State of Washington
Residing at _____________________________
My commission expires on ________________
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |
