ISOLATION AND QUARANTINE CHECKLIST
Petition Ex Parte for Involuntary Isolation or Quarantine
[ ] Petition ex parte for involuntary isolation or quarantine shall specify:
[ ] The identity of all persons or groups to be subject to isolation or quarantine;
[ ] The premises where isolation or quarantine will take place;
[ ] The date and time at which isolation or quarantine will commence;
[ ] The suspected communicable disease or infectious agent if known;
[ ] The anticipated duration of isolation or quarantine based on the suspected communicable disease or infectious disease if known;
[ ] The measures taken by the local health officer to seek voluntary compliance or the basis on which the local health officer determined that seeking voluntary compliance would create a risk of serious harm;
[ ] The medical basis on which isolation or quarantine is justified.
[ ] Petition to be accompanied by declaration of the local health officer attesting to the facts asserted in the petition, together with any further information that may be relevant to the court’s consideration.
[ ] Notice to the persons or groups identified in the petition to be in accordance with the rules of civil procedure.
[ ] Hearing to occur within seventy-two (72) hours of filing, excluding Saturdays, Sundays, and holidays.
Court Order Authorizing Isolation or Quarantine
[ ] Test for granting petition: reasonable basis to find that isolation or quarantine is necessary to prevent a serious and imminent risk to the health and safety of others.
[ ] Court order authorizing isolation or quarantine as a result of an ex parte hearing shall:
[ ] Specify a maximum duration of isolation or quarantine not to exceed ten (10) days.
[ ] Identify the isolated or quarantined persons or groups identified by name or shared or similar characteristics or circumstances.
[ ] Specify factual findings warranting isolation or quarantine pursuant to WAC 246-100-040.
[ ] Include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of WAC 246-100-040.
[ ] Specify the premises where isolation or quarantine will take place.
[ ] Be served on all affected persons or groups in accordance with the rules of civil procedure.
NOTE: WAC 246-100-040 provides that the local health officer may petition the superior court ex parte or may issue an emergency detention order causing persons to be immediately detained for purposes of isolation and quarantine for up to ten (10) days. If the local health officer initiates emergency detention and does not petition the court ex parte, then the court’s involvement would not begin until and unless the health officer petitioned the court for an order authorizing continued isolation or quarantine for up to thirty (30) days. (See below.)
Petition for Continued Isolation or Quarantine
[ ] Petition for continued isolation or quarantine shall specify:
[ ] The identity of all persons or groups subject to isolation or quarantine.
[ ] The premises where isolation or quarantine is taking place.
[ ] The communicable disease or infectious agent if known.
[ ] The anticipated duration of isolation or quarantine based on the suspected communicable disease or infectious disease if known.
[ ] The medical basis on which continued isolation or quarantine is justified.
[ ] Petition to be accompanied by declaration of the local health officer attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court’s consideration.
[ ] Petition to be accompanied by a statement of compliance with the conditions and principles contained in WAC 246-100-045.
[ ] Notice to the persons or groups identified in the petition to be in accordance with the rules of civil procedure.
[ ] Persons isolated and quarantined have a right to counsel, including court-appointed.
[ ] Hearing to occur within seventy-two (72) hours of filing, excluding Saturdays, Sundays, and holidays, unless health officer applies for continuance based on extraordinary circumstances and for good cause shown. Continuance granted at court’s discretion, giving due regard to the rights of the affected individuals, the protection of the public’s health, the severity of the public threat, and the availability of necessary witnesses and evidence.
Court Order Authorizing Continued Isolation or Quarantine
[ ] Test for granting petition for continued isolation or quarantine: Clear, cogent, and convincing evidence that isolation or quarantine is necessary to prevent a serious and imminent risk to the health and safety of others.
[ ] Court order granting petition for continued isolation or quarantine shall:
[ ] Specify a maximum duration of isolation or quarantine not to exceed thirty (30) days.
[ ] Identify the isolated or quarantined persons or groups by name or shared or similar characteristics or circumstances.
[ ] Specify factual findings warranting isolation or quarantine pursuant to WAC 246-100-040.
[ ] Include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of WAC 246-100-040.
[ ] Specify the premises where isolation or quarantine will take place.
[ ] Be served on all affected persons or groups in accordance with the rules of civil procedure.
Petition to Extend Court-Ordered Continued Isolation or Quarantine
[ ] Must be filed prior to the expiration of the court order for continued detention.
[ ] Petition requirements same as Petition for Continued isolation & Quarantine (above).
[ ] Test for granting petition: reasonable basis to require continued isolation or quarantine to prevent a serious and imminent threat to the health and safety of others.
[ ] Order shall be for a period not to exceed thirty (30) days.
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