6.10 SAMPLE PLEADINGS FOR INVOLUNTARY ISOLATION OR QUARANTINE

• 6.11 Sample Petition Ex-Parte for Involuntary Isolation or Quarantine
• 6.12 Sample Declaration of Disease Control Officer in Support of Petition Ex-Parte for Involuntary Isolation and Quarantine
• 6.13 Sample Statement of Rights of Respondent and Notification of Attorney
• 6.14 Sample (Proposed) Order for Involuntary Isolation or Quarantine
• 6.15 Sample Declaration of Service
• 6.16 Sample Summons
• 6.17 Sample Motion and Order for Bench Warrant

COMMUNICABLE DISEASES (WAC 246-100-040 TO -070)

SAMPLE PLEADINGS FOR INVOLUNTARY ISOLATION OR QUARANTINE

Initial Detention for up to 10 Days

Pleadings for Court Order Petition Ex Parte for Involuntary Isolation or Quarantine Declaration of Disease Control Officer in Support of Petition Ex Parte for Involuntary Isolation or Quarantine Statement of Rights of Respondent and Notification of Attorney [Proposed] Order for Involuntary Isolation or Quarantine Summons Declaration of Service Motion for Order to Seal Records Sealed Data [Proposed] Order to Seal Records Motion and Order for Bench Warrant (if needed)

Continued Isolation or Quarantine for up to 30 Days

Pleadings for Court Order Petition for Continued Isolation or Quarantine Declaration of Disease Control Officer in Support of Petition for Continued Isolation or Quarantine Declaration of Compliance with WAC 246-100-045 [Proposed] Order for Continued Isolation or Quarantine

Continued Isolation or Quarantine for up to an Additional 30 Days

Pleadings for Court Order (Same forms as 30-day period above, updated to reflect current facts)

NOTE: Appendix A contains an example of a Declaration of Disease Control Officer for a hypothetical tuberculosis case. Although tuberculosis is governed by separate statutes and rules, the example illustrates a fact pattern that could arise in communicable disease control.

6.11 Sample Petition Ex-Parte for Involuntary Isolation or Quarantine

COMES NOW the Seattle-King County Department of Public Health, by and through its attorney(s) of record, and requests the Court for an Order directing and authorizing the isolation and/or quarantine of Respondent(s) (identified on Sealed Data, filed with the Court) pursuant to WAC 246-100-040.

1. JURISDICTION: This Petition is requested pursuant to the provisions of RCW 70.05.070, RCW 43.70.190, and WAC 246-100-040(4). This Court has jurisdiction pursuant to RCW 2.08.010 and RCW 43.70.190.

2. WAC 246-100-040(4) provides that the local health officer may petition the superior court ex-parte for an order authorizing the involuntary detention of a person or group of persons for purposes of isolation or quarantine.

3. Isolation and/or quarantine is necessary for the reasons set forth in the Declaration of Disease Control Officer (attached), which attests to the facts asserted in this petition, together with any further information that may be relevant to the Court’s consideration.

4. The local health officer has made reasonable efforts to obtain voluntary compliance with requests for medical examination, testing, treatment, vaccination, decontamination of persons or animals, isolation, or quarantine, or has determined in his/her professional judgment that seeking voluntary compliance would create a risk of serious harm.

5. The local health officer has reason to believe that Respondent(s) is, or is suspected to be, infected with, exposed to or contaminated with ___________________, which could infect or contaminate others if Respondent(s) is not detained and quarantined or isolated from others.

6. The local health officer has reason to believe that Respondent(s) would pose a serious and imminent risk to the health and safety of others if not detained for isolation and quarantine.

7. Petitioner offers the following information for the consideration of the Court:

   1. The identity of all persons or groups to be subject to the isolation or quarantine: See Sealed Data, filed with the Court.

   2. The premises where isolation and quarantine will take place: See Sealed Data, filed with the Court.

   3. The date and time at which isolation or quarantine will commence:

      ________________________________________________________________

   4. The suspected communicable disease or infectious agent, if known:

      ________________________________________________________________

   5. The anticipated duration of isolation and quarantine based on the suspected communicable disease or infectious agent, if known:

      ________________________________________________________________

   6. 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:

      ________________________________________________________________

      ________________________________________________________________

      ________________________________________________________________

   7. The medical basis on which isolation and quarantine is justified:

      ________________________________________________________________

      ________________________________________________________________

      ________________________________________________________________

8. IT IS SPECIFICALLY REQUESTED HEREIN that the Court direct Respondent(s) (see Sealed Data, filed with the Court) be isolated and/or quarantined at (see Sealed Data, filed with the Court) and be directed to remain in such isolation and/or quarantine until ________________, 200___, at ____________ o’clock AM/PM (Pacific Time) (not to exceed ten days).

9. [ ] (Check if applicable.) IT IS FURTHER SPECIFICALLY REQUESTED HEREIN that the Court order the Clerk of the Court to issue a bench warrant for the arrest of Respondent(s). (See Motion and Order for Bench Warrant, filed with the Court.)

   DATED this ______ day of ________________, 200___.

6.12 Sample Declaration of Disease Control Officer in Support of Petition Ex-Parte for Involuntary Isolation and Quarantine

I, ____________________, declare as follows:

1. I am over the age of eighteen and make this declaration based upon my own personal knowledge.

2. I am a licensed physician in the State of Washington, and a Disease Control Officer for the Seattle-King County Department of Public Health.

3. My duties include investigation of reportable diseases, disease outbreaks, and other illnesses affecting the population, assessment of the nature and extent of health risks, and responsibility for implementing disease control and prevention measures.

4. [ ] (Check if applicable.) Attached as Exhibit 1 is a true and accurate copy of an emergency detention order issued to Respondent(s) pursuant to WAC 246-100-040(3).

5. It is my medical judgment that the involuntary detention of Respondent(s) is necessary to prevent a serious or imminent risk to the health and safety of others. I reached that conclusion based on the following information:

   [ ] (Check if applicable.) I took the following measures to seek voluntary compliance with requests for medical examination, testing, treatment, counseling, vaccination, decontamination of persons or animals, isolation, quarantine, or inspection and closure of facilities, and Respondent(s) has not complied or refused to comply as evidenced by:

   ________________________________________________________________________

   OR

   [ ] (Check if applicable.) In my professional judgment, seeking voluntary compliance with requests for medical examination, testing, treatment, counseling, vaccination, decontamination of persons or animals, isolation, quarantine, or inspection and closure of facilities would create a risk of serious harm because:

   ________________________________________________________________________

6. In addition I offer the following information for the consideration of the Court:

1. The identity of all persons or groups to be subject to the isolation or quarantine: See Sealed Data, filed with the Court.

2. The premises where isolation or quarantine will take place: See Sealed Data, filed with the Court.

3. The suspected communicable disease or infectious agent, if known:

   ________________________________________________________________

4. The date and time isolation or quarantine commenced or will commence:

   ________________________________________________________________

5. The anticipated duration of isolation or quarantine based on the suspected communicable disease or infectious agent, if known:

   ________________________________________________________________

6. The medical basis on which involuntary isolation or quarantine is justified and the consequences of not imposing isolation or quarantine:

   ____________________________________________________________________________________

   I declare under penalty of perjury under laws of the State of Washington that the foregoing is true and correct.

   DATED this ________day of ___________________, 200____ at ______________, Washington.

   By: ________________________________
   Signature

   Dr. ________________________________
   Printed Name

6.13 Sample Statement of Rights of Respondent and Notification of Attorney

TO: RESPONDENT(S)

NOTICE OF RIGHTS

You have the right to a Superior Court hearing within seventy-two (72) hours of detention, excluding holidays and weekends. You have the right to legal counsel. If you are unable to afford legal counsel, then counsel will be appointed for you at government expense and you should request the appointment of counsel at this time. If you currently have legal counsel, then you have an opportunity to contact that counsel for assistance.

________________________________ (name of defense attorney) of the
________________________________ (name of defense agency) at
________________________________ (telephone number of defense attorney)
is your assigned attorney at this time.

You have the right to contest the facts alleged against you, to cross-examine witnesses, and to present evidence and witnesses on your behalf.

You have the right to appeal any decision made by the court.

Notice of Rights served on Respondent(s) this ______ day of ________, 200_.

At ____________a.m./p.m. at ___________________________, Seattle, WA

by ________________________________
Signature

________________________________
Printed Name

6.14 Sample (Proposed) Order for Involuntary Isolation or Quarantine

THIS MATTER, having come before the undersigned Judge/Court Commissioner of the above-entitled Court pursuant to a Petition Ex-Parte for Involuntary Isolation or Quarantine of Respondent(s), filed on the _____ day of ________________, 20___, the Court having reviewed the Petition, the Declaration of Disease Control Officer, the pleadings filed herein, the argument of counsel, and pertinent regulatory provisions associated therewith,

THE COURT NOW, THEREFORE, FINDS:

1. Jurisdiction: This court has jurisdiction over the person and subject matter in this proceeding.

2. There is a reasonable basis to find that isolation and/or quarantine is necessary to prevent a serious and imminent risk to the health and safety of others.

3. The facts warranting isolation and quarantine are:

   ____________________________________________________________________________________

4. [ ] (Check if applicable.) The Local Health Officer made reasonable efforts to obtain voluntary compliance with less restrictive alternatives, including voluntary isolation or quarantine, but those alternatives were not followed by Respondent(s).

   OR

   [ ] (Check if applicable.) The Local Health Officer considered less restrictive alternatives, including voluntary isolation or quarantine, but those alternatives, given the serious and imminent risk to the public health and safety, do not provide sufficient public protection.

IT IS THEREFORE HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. Respondent(s) shall be isolated or quarantined in accordance with the ex-parte petition from _____________, 200___, at ______ o’clock AM/PM (Pacific Time) to ___________ , 200___, at ______ o’clock AM/PM (Pacific Time), a period that does not exceed ten days, unless the health officer determines, prior to the expiration of that period, that isolation and/or quarantine is no longer necessary.

2. The person(s) to be isolated or quarantined is:

   See Sealed Data, filed with the Court.

3. [ ] (Check if applicable.) The following conditions are necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of WAC 246-100-040:

   ____________________________________________________________________________________

4. The isolation or quarantine will take place at the following premises:

   See Sealed Data, filed with the Court.

5. The Court shall retain jurisdiction of this matter to ensure compliance with its terms, and for purposes of possible further action, including continuation of detention pursuant to WAC 246-100-040.

6. Petitioner shall serve this Order on all Respondent(s), in accordance with the rules of civil procedure.

7. [ ] (Check for ex parte order.) A hearing on this matter shall be held on _____________________, 200___, at __________ o’clock AM/PM (Pacific Time), which is less than 72 hours from the time of filing the petition, excluding Saturdays, Sundays and holidays. The hearing will be held at the following location and with the following special arrangements to ensure protection against spread of a communicable disease or infectious agent:

   Judge:________________________________________________________________

   Location: ________________________________________________________________

   Special Arrangements:______________________________________________________

   ________________________________________________________________

8. The Clerk is ordered to accept this Order for filing outside the regular session of the Court. This Order is to be filed as of the date of the signature of the Court.

   DATED this _____________ day of _____________________, 200________.

   __________________________________ Judge/Court Commissioner
   Presented by:

6.15 Sample Declaration of Service

___________________________________ declares:
(Printed Name)

1. Identity. I am a _______________________________ (job title) employed by __________________________________ (employer) and was so employed on _________________ (date of service);

2. Competency. At all times mentioned herein I was over the age of eighteen years, not a party to the above entitled public health order enforcement proceeding, and competent to be a witness in this proceeding;

3. Service. On the _______ day of _______, 200_, at __________ a.m./p.m., I personally served Respondent(s) with the

   [X] SUMMONS

   [X] PETITION

   [X] DECLARATION OF DISEASE CONTROL OFFICER

   [X] STATEMENT OF RIGHTS AND NOTIFICATION OF ATTORNEY, and

   [ ] (Check if applicable) EX PARTE ORDER

   in the above entitled public health order enforcement proceeding by delivering true/certified copies of said documents to said Respondent(s).

   I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

   DATED this ______ day of ________, 200_.

   ___________________________________
   Signature

   ___________________________________
   Printed Name

6.16 Sample Summons

TO THE RESPONDENT(S): A lawsuit has been started against you in the above-entitled court by petitioner, Seattle-King County Department of Public Health. Petitioner’s claim is stated in the written petition, a copy of which is served upon you with this summons.

You may be isolated or quarantined immediately if ordered by the court based on a petition ex parte. In order to defend against this lawsuit, you must appear at a hearing to be conducted within 72 hours from the time of filing of the petition, excluding Saturdays, Sundays and holidays. If you do not appear, the court may issue an order authorizing isolation or quarantine not to exceed 10 days.

If you wish to seek the advice of an attorney in this matter, you should do so promptly and in advance of the hearing.

THIS SUMMONS is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington and WAC 246-100-040.

DATED this _____ day of _________, 20___.

6.17 Sample Motion and Order for Bench Warrant

The undersigned Deputy Prosecuting Attorney moves the court for an order directing the clerk of the court to issue a bench warrant for Respondent in the above-entitled cause.

This motion is based on the records and files herein. As evidenced by the Declaration of Disease Control Officer, the Local Health Officer has reason to believe that the isolation or quarantine of Respondent is necessary to prevent a serious and imminent risk to the health and safety of others.

[ ] (Check if applicable.) The Local Health Officer has petitioned the court ex parte for an order authorizing involuntary isolation or quarantine pursuant to WAC 246-100-040. It is necessary to assure enforcement of this order with a bench warrant because:

____________________________________________________________________________________.

OR

[ ] (Check if applicable). Respondent failed to comply with an ex parte court order for involuntary isolation or quarantine pursuant to WAC 246-100-040(4) or a court order for continued isolation or quarantine pursuant to WAC 246-100-040(5). It is necessary to ensure enforcement of the court order with a bench warrant because:

____________________________________________________________________________________

Based on the serious and imminent risk to the health and safety of others if Respondent refuses or continues to refuse to comply with the court’s order for involuntary isolation or quarantine, as evidenced by the Declaration of Disease Control Officer, the Seattle-King County Department of Public Health requests the issuance of a bench warrant:

[ ] To insure compliance with involuntary isolation or quarantine pursuant to the terms of the ex parte court order or court order for continued isolation or quarantine;

AND/OR

[ ] To insure appearance at a hearing scheduled for _______ a.m./p.m. on the ____ day of _________, 200_.

Respectfully submitted,

ORDER

Good cause having been shown, it is hereby ORDERED that the Clerk of this court issue a bench warrant for the arrest of the above-named Respondent, identified in SEALED DATA filed herein, directing the Director of Public Safety to apprehend the said defendant. Bail on this warrant shall not be allowed.

DONE IN OPEN COURT this _____ day of __________, 200_.

______________________________
Judge/Court Commissioner