6.31 Sample Petition for Continued 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 continued isolation and/or quarantine of Respondent(s) (identified on Sealed Data, filed with the Court) pursuant to WAC 246-100-040.
- This Petition is requested pursuant to the provisions of RCW 70.05.070, RCW 43.70.190 and WAC 246-100-040(5). This Court has jurisdiction pursuant to RCW 2.08.010 and RCW 43.70.190.
- WAC 246-100-040(5) provides that the local health officer may petition the superior court for an order authorizing the continued isolation or quarantine of a person or group detained under WAC 246-100-040(3) or (4).
- [ ] (Check if applicable). On _________, 20___, the local health officer issued an Emergency Detention Order immediately involuntarily detaining Respondent(s) for isolation or quarantine under the authority of RCW 70.05.070 and WAC 246-100-040(3). The Emergency Detention Order remains in effect until ________________, 200___, at ___ o’clock AM/PM (Pacific Time) a period that does not exceed ten days.
[ ] (Check if applicable.) The Court issued an Order on ____________, 20___, in this cause, involuntarily detaining Respondent(s) for isolation or quarantine under the authority of WAC 246-100-040(4). The Order remains in effect until ____________________, 200___, at ______ o’clock AM/PM (Pacific Time), a period that does not exceed ten days.
- Continued 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. Petitioner offers the following information for the consideration of the Court:
- The identity of all persons or groups to be subject to the isolation or quarantine: See Sealed Data, filed with the Court.
- The premises where isolation and quarantine will take place: See Sealed Data, filed with the Court.
- The communicable disease or infectious agent, if known:
- The anticipated duration of isolation and quarantine based on the suspected communicable disease or infectious agent if known:
- The medical basis on which continued isolation and quarantine is justified:
- In accordance with the requirements of WAC 246-100-040(5)(c), this Petition is accompanied by a declaration of compliance with the conditions and principles for isolation and quarantine set forth at WAC 246-100-045.
- 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 thirty days).
- [ ] (Check if applicable.) IT IS FURTHER SPECIFICALLY REQUESTED HERIN 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___.
6.32 Sample Declaration of Compliance with WAC 246-100-045
I, _________________________, declare as follows:
- I am over the age of eighteen and make this declaration based upon my own personal knowledge.
- I am ______________________________ for the Seattle-King County Department of Public Health.
- My duties include supervising the isolation or quarantine of persons detained pursuant to WAC 246-100-040, including Respondent(s).
- Isolation or quarantine is by the least restrictive means necessary to prevent the spread of a communicable or possibly communicable disease to others. In this case isolation or quarantine is by
- Isolated individuals are confined separately from quarantined individuals.
- The health status of isolated or quarantined individuals is monitored regularly to determine if they require continued isolation or quarantine.
- If a quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a communicable or possibly communicable disease that the local health officer believes poses a significant threat to the health and safety of other quarantined individuals, he or she is promptly placed in isolation.
- Isolated or quarantined individuals are released as soon as practicable when the local health officer determines that they have been successfully decontaminated or that they pose no substantial risk of transmitting a communicable or possibly communicable disease that would constitute a serious or imminent threat to the health and safety of others.
- The needs of a person isolated or quarantined are addressed to the greatest extent possible in a systematic and competent fashion, including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care.
- Premises used for isolation or quarantine are maintained in a safe and hygienic manner to minimize the likelihood of further transmission of infection or other harm to persons isolated and quarantined.
- To the extent possible, cultural and religious beliefs are considered in addressing the needs of individuals, and establishing and maintaining isolation or quarantine premises.
- Isolation or quarantine does not abridge the right of any person to rely exclusively on spiritual means alone through prayer to treat a communicable or possibly communicable disease in accordance with religious tenets and practices; in addition, a person so relying who is infected with a contagious or communicable disease is not prohibited from being isolated or quarantined in a private place of his or her own choice, provided, it is approved by the local health officer, and all laws, rules and regulations governing control, sanitation, isolation and quarantine are complied with. At his or her sole discretion, the local health officer may isolate infected individuals declining treatment for the duration of their communicable infection.
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.
6.33 Sample (Proposed) Order for Continued Isolation or Quarantine
THIS MATTER, having come before the undersigned Judge/Court Commissioner of the above-entitled Court pursuant to a Petition for Continued Isolation or Quarantine of Respondent(s), filed on the _____ day of ________________, 20___, the Court having held a hearing on the petition within seventy-two (72) hours of filing (exclusive of Saturdays, Sundays, and holidays), and reviewed the Petition, the Declaration of Disease Control Officer, argument and evidence presented at the hearing, and pertinent regulatory provisions associated therewith,
THE COURT NOW, THEREFORE, FINDS:
- Jurisdiction: This court has jurisdiction over the person and subject matter in this proceeding.
- There is clear, cogent, and convincing evidence that isolation and/or quarantine is necessary to prevent a serious and imminent risk to the health and safety of others.
- Notice to the person(s) or group identified in the petition was accomplished in accordance with the rules of civil procedure.
- The facts warranting continued isolation and quarantine are:
IT IS THEREFORE HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
- Respondent(s) shall be isolated and/or quarantined in accordance with the 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 thirty days, unless the health officer determines, prior to the expiration of that period, that isolation and/or quarantine is no longer necessary.
- The person(s) or group to be isolated or quarantined is: See Sealed Data, filed with the Court.
- [ ] (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:
- The isolation or quarantine will take place at the following premises:
See Sealed Data, filed with the Court.
- 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.
- Petitioner shall serve this Order on all Respondent(s), in accordance with the rules of civil procedure.
DATED this _____________ day of _____________________, 200________.