RCW 71A.12.250 — Washington Code / Title 71A / Chapter 12 / Section 250
RCW 71A.12.250: Community protection program—Services—Reviews—Rules.
Status: in_force

*** CHANGE IN 2026 *** (SEE 1390-S.SL ) ***

(1) Community protection program participants shall have appropriate opportunities to receive services in the least restrictive manner and in the least restrictive environments possible. (2) There must be a review by the treatment team every ninety days to assess each participant's progress, evaluate use of less restrictive measures, and make changes in the participant's program as necessary. The team must review all restrictions and recommend reductions if appropriate. The therapist must write a report annually evaluating the participant's risk of offense and/or risk of behaviors that are dangerous to self or others. The department shall have rules in place describing this process. If a treatment team member has reason to be concerned that circumstances have changed significantly, the team member may request that a complete reassessment be conducted at any time.
RCW 71.24.880 — Washington Code / Title 71 / Chapter 24 / Section 880
RCW 71.24.880: Interlocal leadership structure—Transition to fully integrated managed care within a regional service area.
Status: in_force

(1) The authority shall, upon the request of a county authority or authorities within a regional service area, collaborate with counties to create an interlocal leadership structure that includes participation from counties and the managed health care systems serving that regional service area. The interlocal leadership structure must include representation from physical and behavioral health care providers, tribes, and other entities serving the regional service area as necessary. (2) The interlocal leadership structure regional organization must be chaired by the counties and jointly administered by the authority, managed health care systems, and counties. It must design and implement the fully integrated managed care model for that regional service area to assure clients are at the center of care delivery and support integrated delivery of physical and behavioral health care at the provider level. (3) The interlocal leadership structure may address, but is not limited to addressing, the following topics: (a) Alignment of contracting, administrative functions, and other processes to minimize administrative burden at the provider level to achieve outcomes; (b) Monitoring implementation of fully integrated managed care in the regional service area, including design of an early warning system to monitor ongoing success to achieve better outcomes and to make adjustments to the system as necessary; (c) Developing regional coordination processes for capital infrastructure requests, local capacity building, and other community investments; (d) Identifying, using, and building on measures and data consistent with, but not limited to, RCW 70.320.030 and 41.05.690 , for tracking and maintaining regional accountability for delivery system performance; and (e) Discussing whether the managed health care systems awarded the contract by the authority for a regional service area should subcontract with a county-based administrative service organization or other local organization, which may include and determine, in partnership with that organization, which value-add services will best support a bidirectional system of care. (4) To ensure an optimal transition, regional service areas that enter as mid-adopters must be allowed a transition period of up to one year during which the interlocal leadership structure develops and implements a local plan, including measurable milestones, to transition to fully integrated managed care. The transition plan may include provisions for the counties' organization to maintain existing contracts during some or all of the transition period if the managed care design begins during 2017 to 2018, with the mid-adopter transition year occurring in 2019. (5) Nothing in this section may be used to compel contracts between a provider, integrated managed health care system, or administrative service organization. (6) The interlocal leadership group expires December 1, 2021, unless the interlocal leadership group decides locally to extend it.
RCW 71.24.560 — Washington Code / Title 71 / Chapter 24 / Section 560
RCW 71.24.560: Opioid treatment programs—Pregnant individuals—Information and education.
Status: in_force

(1) All approved opioid treatment programs that provide services to individuals who are pregnant are required to disseminate up-to-date and accurate health education information to all their pregnant individuals concerning the effects opioid use and opioid use disorder medication may have on their baby, including the development of dependence and subsequent withdrawal. All pregnant individuals must also be advised of the risks to both themselves and their babies associated with discontinuing an opioid treatment program. The information must be provided to these individuals both verbally and in writing. The health education information provided to the pregnant individuals must include referral options for a baby who has been exposed to opioids in utero. (2) The department shall adopt rules that require all opioid treatment programs to educate all pregnant individuals in their program on the benefits and risks of medication-assisted treatment to a developing fetus before they are prescribed these medications, as part of their treatment. The department shall also adopt rules requiring all opioid treatment programs to educate individuals who become pregnant about the risks to both the expecting parent and the fetus of not treating opioid use disorder. The department shall meet the requirements under this subsection within the appropriations provided for opioid treatment programs. The department, working with treatment providers and medical experts, shall develop and disseminate the educational materials to all certified opioid treatment programs. (3) For pregnant individuals who participate in medicaid, the authority, through its managed care organizations, must ensure that pregnant individuals receive outreach related to opioid use disorder when identified as a person at risk.
RCW 71.05.365 — Washington Code / Title 71 / Chapter 05 / Section 365
RCW 71.05.365: Involuntary commitment—Individualized discharge plan.
Status: in_force

When a person has been involuntarily committed for treatment to a hospital for a period of 90 or 180 days, and the superintendent or professional person in charge of the hospital determines that the person no longer requires active psychiatric treatment at an inpatient level of care, the behavioral health administrative services organization, managed care organization, or agency providing oversight of long-term care or developmental disability services that is responsible for resource management services for the person must work with the hospital to develop an individualized discharge plan, including whether a petition should be filed for less restrictive alternative treatment on the basis that the person is in need of assisted outpatient treatment, and arrange for a transition to the community in accordance with the person's individualized discharge plan within 14 days of the determination.
RCW 71.24.907 — Washington Code / Title 71 / Chapter 24 / Section 907
RCW 71.24.907: National 988 system—Limitation of liability.
Status: in_force

(1) No act or omission related to the dispatching decisions of any crisis call center staff or designated 988 contact hub staff with endorsed mobile rapid response crisis team and community-based crisis team dispatching responsibilities done or omitted in good faith within the scope of the individual's employment responsibilities with the crisis call center or designated 988 contact hub and in accordance with dispatching procedures adopted both by the behavioral health administrative services organization and the crisis call center or the designated 988 contact hub and approved by the authority shall impose liability upon: (a) The clinical staff of the crisis call center or designated 988 contact hub or their clinical supervisors; (b) The crisis call center or designated 988 contact hub or its officers, staff, or employees; (c) Any member of a mobile rapid response crisis team or community-based crisis team endorsed under RCW 71.24.903 ; (d) The certified public safety telecommunicator or the certified public safety telecommunicator's supervisor; or (e) The public safety answering point or its officers, staff, or employees. (2) No act or omission in the provision of crisis stabilization services, professional on-site community-based intervention, outreach, de-escalation, stabilization, resource connection, or follow-up support, and delivered under the clinical supervision of a mental health professional or an approved medical program director or their delegate, to a person who is experiencing a behavioral health crisis, and which is done or omitted in good faith within the scope of the individual's employment responsibilities, shall impose liability upon: (a) Any staff of an endorsed or nonendorsed mobile rapid response crisis team or community-based crisis team, including teams operated by tribes, or staff of a crisis stabilization unit or a 23-hour crisis relief center, including facilities operated by tribes; (b) Any officer of a public, private, or tribal agency, the superintendent, any professional person in charge or their professional designee, or any attending staff of any such agency; or (c) Any federal, tribal, state, county, city, other local governmental unit, or contracted behavioral health agency, or employees of such units or agencies. (3) This section shall apply to any act or omission by any person or entity listed in subsection (2) of this section involved in the transport of patients to behavioral health services, facilities providing crisis stabilization services, or other needed crisis services. (4) This section shall not apply to any act or omission which constitutes either gross negligence or willful or wanton misconduct.
RCW 71.24.565 — Washington Code / Title 71 / Chapter 24 / Section 565
RCW 71.24.565: Acceptance for approved treatment—Rules.
Status: in_force

The director shall adopt and may amend and repeal rules for acceptance of persons into the approved treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons. In establishing the rules, the director shall be guided by the following standards: (1) If possible a patient shall be treated on a voluntary rather than an involuntary basis. (2) A patient shall be initially assigned or transferred to outpatient treatment, unless he or she is found to require residential treatment. (3) A person shall not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after earlier treatment. (4) An individualized treatment plan shall be prepared and maintained on a current basis for each patient. (5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and use other appropriate treatment.
RCW 71.24.885 — Washington Code / Title 71 / Chapter 24 / Section 885
RCW 71.24.885: Medicaid rate increases—Review authority—Reporting.
Status: in_force

(1) It is the intent of the legislature that behavioral health medicaid rate increases be grounded with the rate-setting process for the provider type or practice setting. (2) In implementing a rate increase funded by the legislature, including rate increases provided through managed care organizations, the authority must work with the actuaries responsible for establishing medicaid rates for behavioral health services and managed care organizations responsible for distributing funds to behavioral health services to assure that appropriate adjustments are made to the wraparound with intensive services case rate, as well as any other behavioral health services in which a case rate is used. (3)(a) The authority shall establish a process for verifying that funds appropriated in the omnibus operating appropriations act for targeted behavioral health provider rate increases, including rate increases provided through managed care organizations, are used for the objectives stated in the appropriation. (b) The process must: (i) Establish which behavioral health provider types the funds are intended for; (ii) include transparency and accountability mechanisms to demonstrate that appropriated funds for targeted behavioral health provider rate increases are passed through, in the manner intended, to the behavioral health providers who are the subject of the funds appropriated for targeted behavioral health provider rate increases; (iii) include actuarial information provided to managed care organizations to ensure the funds directed to behavioral health providers have been appropriately allocated and accounted for; and (iv) include the participation of managed care organizations, behavioral health administrative services organizations, providers, and provider networks that are the subject of the targeted behavioral health provider rate increases. The process must include a method for determining if the funds have increased access to the behavioral health services offered by the behavioral health providers who are the subject of the targeted provider rate increases. (c) The process may: (i) Include a quantitative method for determining if the funds have increased access to behavioral health services offered by the behavioral health providers who received the targeted provider rate increases; (ii) Ensure the viability of pass-through payments in a capitated rate methodology; and (iii) Ensure that medicaid rate increases account for the impact of value-based contracting on provider reimbursements and implementations of pass-through payments. (4) By November 1st of each year, the authority shall report to the committees of the legislature with jurisdiction over behavioral health issues and fiscal matters regarding the established process for each appropriation for a targeted behavioral health provider rate increase, whether the funds were passed through in accordance with the appropriation language, and any information about increased access to behavioral health services associated with the appropriation. The reporting requirement for each appropriation for a targeted behavioral health provider rate increase shall continue for two years following the specific appropriation.
RCW 71.06.091 — Washington Code / Title 71 / Chapter 06 / Section 091
RCW 71.06.091: Postcommitment proceedings, releases, and further dispositions.
Status: in_force

A sexual psychopath committed pursuant to RCW 71.06.060 shall be retained by the superintendent of the institution involved until in the superintendent's opinion he or she is safe to be at large, or until he or she has received the maximum benefit of treatment, or is not amenable to treatment, but the superintendent is unable to render an opinion that he or she is safe to be at large. Thereupon, the superintendent of the institution involved shall so inform whatever court committed the sexual psychopath. The court then may order such further examination and investigation of such person as seems necessary, and may at its discretion, summon such person before it for further hearing, together with any witnesses whose testimony may be pertinent, and together with any relevant documents and other evidence. On the basis of such reports, investigation, and possible hearing, the court shall determine whether the person before it shall be released unconditionally from custody as a sexual psychopath, released conditionally, returned to the custody of the institution as a sexual psychopath, or transferred to the department of corrections to serve the original sentence imposed upon him or her. The power of the court to grant conditional release for any such person before it shall be the same as its power to grant, amend, and revoke probation as provided by chapter 9.95 RCW. When the sexual psychopath has entered upon the conditional release, the indeterminate sentence review board shall supervise such person pursuant to the terms and conditions of the conditional release, as set by the court: PROVIDED, That the superintendent of the institution involved shall never release the sexual psychopath from custody without a court release as herein set forth.
RCW 71.12.470 — Washington Code / Title 71 / Chapter 12 / Section 470
RCW 71.12.470: License application—Fees.
Status: in_force

Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information, and in such form, as the department of health requires. The application shall be accompanied by the proper license fee. The amount of the license fee shall be established by the department of health under RCW 43.70.110 .
RCW 71.34.415 — Washington Code / Title 71 / Chapter 34 / Section 415
RCW 71.34.415: Judicial services—Civil commitment cases—Reimbursement.
Status: in_force

A county may apply to its behavioral health administrative services organization for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter, as provided in RCW 71.05.730 .
RCW 72.06.010 — Washington Code / Title 71 / Chapter 06 / Section 010
RCW 72.06.010: "Department" defined.
Status: in_force

"Department" for the purposes of this chapter shall mean the department of social and health services.As used in this chapter, the following terms shall have the following meanings: "Psychopathic personality" means the existence in any person of such hereditary, congenital, or acquired condition affecting the emotional or volitional rather than the intellectual field and manifested by anomalies of such character as to render satisfactory social adjustment of such person difficult or impossible. "Sexual psychopath" means any person who is affected in a form of psychoneurosis or in a form of psychopathic personality, which form predisposes such person to the commission of sexual offenses in a degree constituting him or her a menace to the health or safety of others. "Sex offense" means one or more of the following: Abduction, incest, rape, assault with intent to commit rape, indecent assault, contributing to the delinquency of a minor involving sexual misconduct, sodomy, indecent exposure, indecent liberties with children, carnal knowledge of children, soliciting or enticing or otherwise communicating with a child for immoral purposes, vagrancy involving immoral or sexual misconduct, or an attempt to commit any of the said offenses. "Minor" means any person under eighteen years of age. "Department" means department of social and health services. "Court" means the superior court of the state of Washington. "Superintendent" means the superintendent of a state institution designated for the custody, care, and treatment of sexual psychopaths or psychopathic delinquents.
RCW 71.24.160 — Washington Code / Title 71 / Chapter 24 / Section 160
RCW 71.24.160: Proof as to uses made of state funds—Use of maintenance of effort funds.
Status: in_force

The behavioral health administrative services organizations shall make satisfactory showing to the director that state funds shall in no case be used to replace local funds from any source being used to finance mental health services prior to January 1, 1990. Maintenance of effort funds devoted to judicial services related to involuntary commitment reimbursed under RCW 71.05.730 must be expended for other purposes that further treatment for mental health and substance use disorders.
RCW 71.09.098 — Washington Code / Title 71 / Chapter 09 / Section 098
RCW 71.09.098: Revoking or modifying terms of conditional release to less restrictive alternative—Hearing—Custody pending hearing on revocation or modification.
Status: in_force

(1) Any service provider submitting reports pursuant to RCW 71.09.096 (7), the supervising community corrections officer, the prosecuting agency, or the secretary's designee may petition the court for an immediate hearing for the purpose of revoking or modifying the terms of the person's conditional release to a less restrictive alternative if the petitioner believes the released person: (a) Violated or is in violation of the terms and conditions of the court's conditional release order; or (b) is in need of additional care, monitoring, supervision, or treatment. (2) The community corrections officer or the secretary's designee may restrict the person's movement in the community until the petition is determined by the court. The person may be taken into custody if: (a) The supervising community corrections officer, the secretary's designee, or a law enforcement officer reasonably believes the person has violated or is in violation of the court's conditional release order; or (b) The supervising community corrections officer or the secretary's designee reasonably believes that the person is in need of additional care, monitoring, supervision, or treatment because the person presents a danger to himself or herself or others if his or her conditional release under the conditions imposed by the court's release order continues. (3)(a) Persons taken into custody pursuant to subsection (2) of this section shall: (i) Not be released until such time as a hearing is held to determine whether to revoke or modify the person's conditional release order and the court has issued its decision; and (ii) Be held in the county jail, at a secure community transition facility, or at the total confinement facility, at the discretion of the secretary's designee. (b) The court shall be notified before the close of the next judicial day that the person has been taken into custody and shall promptly schedule a hearing. (4) Before any hearing to revoke or modify the person's conditional release order, both the prosecuting agency and the released person shall have the right to request an immediate mental examination of the released person. If the conditionally released person is indigent, the court shall, upon request, assist him or her in obtaining a qualified expert or professional person to conduct the examination. (5) At any hearing to revoke or modify the conditional release order: (a) The prosecuting agency shall represent the state, including determining whether to proceed with revocation or modification of the conditional release order; (b) Hearsay evidence is admissible if the court finds that it is otherwise reliable; and (c) The state shall bear the burden of proving by a preponderance of the evidence that the person has violated or is in violation of the court's conditional release order or that the person is in need of additional care, monitoring, supervision, or treatment. (6)(a) If the court determines that the state has met its burden referenced in subsection (5)(c) of this section, and the issue before the court is revocation of the court's conditional release order, the court shall consider the evidence presented by the parties and the following factors relevant to whether continuing the person's conditional release is in the person's best interests or adequate to protect the community: (i) The nature of the condition that was violated by the person or that the person was in violation of in the context of the person's criminal history and underlying mental conditions; (ii) The degree to which the violation was intentional or grossly negligent; (iii) The ability and willingness of the released person to strictly comply with the conditional release order; (iv) The degree of progress made by the person in community-based treatment; and (v) The risk to the public or particular persons if the conditional release continues under the conditional release order that was violated. (b) Any factor alone, or in combination, shall support the court's determination to revoke the conditional release order. (7) If the court determines the state has met its burden referenced in subsection (5)(c) of this section, and the issue before the court is modification of the court's conditional release order, the court shall modify the conditional release order by adding conditions if the court determines that the person is in need of additional care, monitoring, supervision, or treatment. The court has authority to modify its conditional release order by substituting a new treatment provider, requiring new housing for the person, or imposing such additional supervision conditions as the court deems appropriate. (8) A person whose conditional release has been revoked shall be remanded to the custody of the secretary for control, care, and treatment in a total confinement facility as designated in RCW 71.09.060 (1). The person is thereafter eligible for conditional release only in accord with the provisions of RCW 71.09.090 and related statutes.
RCW 71A.20.140 — Washington Code / Title 71A / Chapter 20 / Section 140
RCW 71A.20.140: Resident desiring to leave center—Authority to hold resident limited.
Status: in_force

(1) If a resident of a residential habilitation center desires to leave the center and the secretary believes that departures may be harmful to the resident, the secretary may hold the resident at the residential habilitation center for a period not to exceed forty-eight hours in order to consult with the person's legal representative as provided in RCW 71A.10.070 as to the best interests of the resident. (2) The secretary shall adopt rules to provide for the application of subsection (1) of this section in a manner that protects the constitutional rights of the resident. (3) Neither the secretary nor any person taking action under this section shall be civilly or criminally liable for performing duties under this section if such duties were performed in good faith and without gross negligence.
RCW 71.09.370 — Washington Code / Title 71 / Chapter 09 / Section 370
RCW 71.09.370: Residents in total confinement—State identification cards.
Status: in_force

(1) The department shall enter into a memorandum of understanding with the department of licensing to allow residents in total confinement at the special commitment center to obtain a state identification card through a written identification verification letter completed by the special commitment center and delivered to the department of licensing. (2) The process shall occur upon the person's initial detention at the special commitment center. The process shall reoccur when the person's state identification card expires.
RCW 71A.14.120 — Washington Code / Title 71A / Chapter 14 / Section 120
RCW 71A.14.120: Parent to parent program—Goals.
Status: in_force

The goals of the parent to parent program are to: (1) Provide early outreach, support, and education to parents who have a child with special health care needs; (2) Match a trained volunteer support parent with a new parent who has a child with similar needs to the child of the support parent; and (3) Provide parents with tools and resources to be successful as they learn to understand the support and advocacy needs of their children.
RCW 71.24.420 — Washington Code / Title 71 / Chapter 24 / Section 420
RCW 71.24.420: Expenditure of funds for operation of service delivery system—Appropriation levels—Outcome and performance measures—Report.
Status: in_force

The authority shall operate the community behavioral health service delivery system authorized under this chapter within the following constraints: (1) The full amount of federal funds for community behavioral health system services, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the authority each year in the biennial appropriations act to carry out the provisions of the community behavioral health service delivery system authorized in this chapter. (2) The authority may expend funds defined in subsection (1) of this section in any manner that will effectively accomplish the outcome measures established in RCW 71.24.435 and 71.36.025 and performance measures linked to those outcomes. (3) The authority shall implement strategies that accomplish the outcome measures established in RCW 71.24.435 , 70.320.020 , and 71.36.025 and performance measures linked to those outcomes. (4) The authority shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section and report to the governor's office and the appropriate committees of the legislature once every two years, on or about December 1st, on each even-numbered year.
RCW 71.05.130 — Washington Code / Title 71 / Chapter 05 / Section 130
RCW 71.05.130: Duties of prosecuting attorney and attorney general.
Status: in_force

In any judicial proceeding for involuntary commitment or detention except under RCW 71.05.201 , or in any proceeding challenging involuntary commitment or detention, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or agencies petitioning for commitment or detention and shall defend all challenges to such commitment or detention, except that the attorney general shall represent and provide legal services and advice to state hospitals and state facilities with regard to all provisions of and proceedings under this chapter other than proceedings initiated by such hospitals and facilities seeking 14-day detention.
RCW 71.05.500 — Washington Code / Title 71 / Chapter 05 / Section 500
RCW 71.05.500: Liability of applicant.
Status: in_force

Any person making or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application was in good faith.
RCW 71.28.010 — Washington Code / Title 71 / Chapter 28 / Section 010
RCW 71.28.010: Contracts by boundary counties or cities therein.
Status: in_force

Any county, or city within a county which is situated on the state boundaries is authorized to contract for mental health services with a county situated in either the states of Oregon or Idaho, located on the boundaries of such states with the state of Washington.
RCW 71.05.575 — Washington Code / Title 71 / Chapter 05 / Section 575
RCW 71.05.575: Less restrictive alternative treatment—Consideration by court.
Status: in_force

(1) When making a decision under this chapter whether to require a less restrictive alternative treatment, the court shall consider whether it is appropriate to include or exclude time spent in confinement when determining whether the person has committed a recent overt act. (2) When determining whether an offender is a danger to himself or herself or others under this chapter, a court shall give great weight to any evidence submitted to the court regarding an offender's recent history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement.
RCW 71.34.375 — Washington Code / Title 71 / Chapter 34 / Section 375
RCW 71.34.375: Family-initiated treatment—Notice to parents of available treatment options.
Status: in_force

(1) If a parent or guardian, for the purpose of mental health treatment, substance use disorder treatment, or evaluation, brings his or her minor child to an evaluation and treatment facility, a hospital emergency room, an inpatient facility licensed under chapter 72.23 RCW, an inpatient facility licensed under chapter 70.41 or 71.12 RCW operating inpatient psychiatric beds for minors, a secure withdrawal management and stabilization facility, a 23-hour crisis relief center, or an approved substance use disorder treatment program, the facility is required to promptly provide written and verbal notice of all statutorily available treatment options contained in this chapter. The notice need not be given more than once if written and verbal notice has already been provided and documented by the facility. (2) The provision of notice must be documented by the facilities required to give notice under subsection (1) of this section and must be accompanied by a signed acknowledgment of receipt by the parent or guardian. The notice must contain the following information: (a) All current statutorily available treatment options including but not limited to those provided in this chapter; and (b) The procedures to be followed to utilize the treatment options described in this chapter. (3) The department of health shall produce, and make available, the written notification that must include, at a minimum, the information contained in subsection (2) of this section. The department of health must revise the written notification as necessary to reflect changes in the law.
RCW 71.09.055 — Washington Code / Title 71 / Chapter 09 / Section 055
RCW 71.09.055: Expert evaluations of indigent persons—Costs.
Status: in_force

(1) The office of public defense is responsible for the cost of one expert or professional person conducting an evaluation on an indigent person's behalf as provided in RCW 71.09.050 , 71.09.070 , or 71.09.090 . (2) Expert evaluations are capped at ten thousand dollars, to include all professional fees, travel, per diem, and other costs. Partial evaluations are capped at five thousand five hundred dollars and expert services apart from an evaluation, exclusive of testimony at trial or depositions, are capped at six thousand dollars. (3) The office of public defense will pay for the costs related to the evaluation of an indigent person by an additional examiner or in excess of the stated fee caps only upon a finding by the superior court that such appointment or extraordinary fees are for good cause.
RCW 71.24.545 — Washington Code / Title 71 / Chapter 24 / Section 545
RCW 71.24.545: Comprehensive program for treatment—Regional facilities.
Status: in_force

(1) The authority shall establish by appropriate means a comprehensive and coordinated program for the treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons. (2)(a) The program shall include, but not necessarily be limited to, a continuum of substance use disorder treatment services that includes: (i) Withdrawal management; (ii) Residential treatment; and (iii) Outpatient treatment. (b) The program may include peer support, supported housing, supported employment, crisis diversion, or recovery support services. (3) All appropriate public and private resources shall be coordinated with and used in the program when possible. (4) The authority may contract for the use of an approved treatment program or other individual or organization if the director considers this to be an effective and economical course to follow. (5) Treatment provided under this chapter must be purchased primarily through managed care contracts. Consistent with RCW 71.24.580 , services and funding provided through the criminal justice treatment account are intended to be exempted from managed care contracting.
RCW 71.05.201 — Washington Code / Title 71 / Chapter 05 / Section 201
RCW 71.05.201: Petition for initial detention when designated crisis responder does not detain—Procedure—Court review.
Status: in_force

(1) If a designated crisis responder decides not to detain a person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or 48 hours have elapsed since a designated crisis responder received a request for investigation and the designated crisis responder has not taken action to have the person detained, an immediate family member or guardian of the person, or a tribe if the person is a member of such a tribe, may petition the superior court for the person's initial detention. (2) A petition under this section must be filed within 10 calendar days following the designated crisis responder investigation or the request for a designated crisis responder investigation. If more than 10 days have elapsed, the immediate family member, guardian, conservator, or a tribe if the person is a member of such a tribe, may request a new designated crisis responder investigation. (3)(a) The petition must be filed in the county in which the designated crisis responder investigation occurred or was requested to occur and must be submitted on forms developed by the administrative office of the courts for this purpose. The petition must be accompanied by a sworn declaration from the petitioner, and other witnesses if desired, describing why the person should be detained for evaluation and treatment. The description of why the person should be detained may contain, but is not limited to, the information identified in RCW 71.05.212 . (b) The petition must contain: (i) A description of the relationship between the petitioner and the person; and (ii) The date on which an investigation was requested from the designated crisis responder. (4) The court shall, within one judicial day, review the petition to determine whether the petition raises sufficient evidence to support the allegation. If the court so finds, it shall provide a copy of the petition to the designated crisis responder agency with an order for the agency to provide the court, within one judicial day, with a written sworn statement describing the basis for the decision not to seek initial detention and a copy of all information material to the designated crisis responder's current decision. (5) Following the filing of the petition and before the court reaches a decision, any person, including a mental health professional, may submit a sworn declaration to the court in support of or in opposition to initial detention. (6) The court shall dismiss the petition at any time if it finds that a designated crisis responder has filed a petition for the person's initial detention under RCW 71.05.150 or 71.05.153 or that the person has voluntarily accepted appropriate treatment. (7) The court must issue a final ruling on the petition within five judicial days after it is filed. After reviewing all of the information provided to the court, the court may enter an order for initial detention if the court finds that: (a) There is probable cause to support a petition for detention; and (b) the person has refused or failed to accept appropriate evaluation and treatment voluntarily. The court shall transmit its final decision to the petitioner. (8) If the court enters an order for initial detention, it shall provide the order to the designated crisis responder agency and issue a warrant. The designated crisis responder agency serving the jurisdiction of the court must collaborate and coordinate with law enforcement, including tribal law enforcement, regarding apprehensions and detentions under this subsection, including sharing of information relating to risk and which would assist in locating the person. A person may not be detained to jail pursuant to a warrant issued under this subsection. An order for detention under this section should contain the advisement of rights which the person would receive if the person were detained by a designated crisis responder. An order for initial detention under this section expires 180 days from issuance. (9) Except as otherwise expressly stated in this chapter, all procedures must be followed as if the order had been entered under RCW 71.05.150 . RCW 71.05.160 does not apply if detention was initiated under the process set forth in this section. (10) For purposes of this section, "immediate family member" means a spouse, domestic partner, child, stepchild, parent, stepparent, grandparent, or sibling.
RCW 71.24.015 — Washington Code / Title 71 / Chapter 24 / Section 015
RCW 71.24.015: Legislative intent—Community behavioral health system.
Status: in_force

It is the intent of the legislature to establish a community behavioral health system which shall help people experiencing mental illness or a substance use disorder to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for: (1) Access to behavioral health services for adults with mental illness and children with mental illness, emotional disturbances, or substance use disorders, that recognize the special needs of underserved populations, including minorities, children, older adults, individuals with disabilities, and low-income persons. Access to mental health and substance use disorder services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of children with mental illness and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children; (2) The involvement of persons with mental illness or substance use disorder, their family members, and advocates in designing and implementing behavioral health services that reduce unnecessary hospitalization and incarceration and promote recovery and employment. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness or substance use disorder, consumer and advocate participation in behavioral health services is an integral part of the community behavioral health system and shall be supported; (3) Accountability of efficient and effective services through state-of-the-art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state; (4) Minimum service delivery standards; (5) Priorities for the use of available resources for the care of individuals with mental illness or substance use disorder consistent with the priorities defined in the statute; (6) Coordination of services within the department of social and health services, the authority, the department, the department of children, youth, and families, and the office of the superintendent of public instruction, and among state mental hospitals, tribes, residential treatment facilities, county authorities, behavioral health administrative services organizations, managed care organizations, community behavioral health services, and other support services, which shall to the maximum extent feasible also include the families of individuals with mental illness or substance use disorder, and other service providers, including Indian health care providers; and (7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide behavioral health services to adults and children. It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders, or substance use disorders, including services operated by consumers and advocates. The legislature intends to encourage the development of regional behavioral health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. The legislature hereby finds and declares that sound fiscal management requires vigilance to ensure that funds appropriated by the legislature for the provision of needed community behavioral health system services are ultimately expended solely for the purpose for which they were appropriated, and not for any other purpose. It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end, the legislature intends to promote active engagement with persons with mental illness and collaboration between families and service providers.
RCW 71.06.270 — Washington Code / Title 71 / Chapter 06 / Section 270
RCW 71.06.270: Availability of records.
Status: in_force

The records, files, and other written information prepared by the department of social and health services for individuals committed under this chapter shall be made available upon request to the department of corrections or the *board of prison terms and paroles for persons who are the subject of the records who are committed to the custody of the department of corrections or the board of prison terms and paroles.
RCW 71.09.070 — Washington Code / Title 71 / Chapter 09 / Section 070
RCW 71.09.070: Annual examinations of persons committed under chapter—Suspension of section.
Status: in_force

(1) Each person committed under this chapter shall have a current examination of his or her mental condition made by the department at least once every year. (2) The evaluator must prepare a report that includes consideration of whether: (a) The committed person currently meets the definition of a sexually violent predator; (b) Conditional release to a less restrictive alternative is in the best interest of the person; and (c) Conditions can be imposed that would adequately protect the community. (3) The department, on request of the committed person, shall allow a record of the annual review interview to be preserved by audio recording and made available to the committed person. (4) The evaluator must indicate in the report whether the committed person participated in the interview and examination. (5) The department shall file the report with the court that committed the person under this chapter. The report shall be in the form of a declaration or certification in compliance with the requirements of chapter 5.50 RCW and shall be prepared by a professionally qualified person as defined by rules adopted by the secretary. A copy of the report shall be served on the prosecuting agency involved in the initial commitment and upon the committed person and his or her counsel. (6)(a) The committed person may retain, or if he or she is indigent and so requests, the court may appoint a qualified expert or a professional person to examine him or her, and such expert or professional person shall have access to all records concerning the person. (b) Any report prepared by the expert or professional person and any expert testimony on the committed person's behalf is not admissible in a proceeding pursuant to RCW 71.09.090 , unless the committed person participated in the most recent interview and evaluation completed by the department. (7) If an unconditional release trial is ordered pursuant to RCW 71.09.090 , this section is suspended until the completion of that trial. If the individual is found either by jury or the court to continue to meet the definition of a sexually violent predator, the department must conduct an examination pursuant to this section no later than one year after the date of the order finding that the individual continues to be a sexually violent predator. The examination must comply with the requirements of this section. (8) During any period of confinement pursuant to a criminal conviction, or for any period of detention awaiting trial on criminal charges, this section is suspended. Upon the return of the person committed under this chapter to the custody of the department, the department shall initiate an examination of the person's mental condition. The examination must comply with the requirements of subsection (1) of this section.
RCW 71A.26.040 — Washington Code / Title 71A / Chapter 26 / Section 040
RCW 71A.26.040: Rules.
Status: in_force

The department shall adopt rules as necessary to inform clients and providers of the client rights set forth in this chapter. The department shall adopt rules as necessary to provide oversight and enforcement of provider practices relating to these rights for providers licensed or certified by the department.
RCW 71.24.520 — Washington Code / Title 71 / Chapter 24 / Section 520
RCW 71.24.520: Substance use disorder program authority.
Status: in_force

The authority, in the operation of the substance use disorder program, may: (1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable; (2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522 , and contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, or intoxicated persons; (3) Enter into agreements for monitoring of verification of qualifications of counselors employed by approved treatment programs; (4) Adopt rules under chapter 34.05 RCW to carry out the provisions and purposes of this chapter and contract, cooperate, and coordinate with other public or private agencies or individuals for those purposes; (5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant; (6) Administer or supervise the administration of the provisions relating to persons with substance use disorders and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation; (7) Coordinate its activities and cooperate with substance use disorder programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of substance use disorder programs; (8) Keep records and engage in research and the gathering of relevant statistics; (9) Do other acts and things necessary or convenient to execute the authority expressly granted to it; (10) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment programs.
RCW 71.09.010 — Washington Code / Title 71 / Chapter 09 / Section 010
RCW 71.09.010: Findings.
Status: in_force

The legislature finds that a small but extremely dangerous group of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for the existing involuntary treatment act, chapter 71.05 RCW, which is intended to be a short-term civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under chapter 71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities which are unamenable to existing mental illness treatment modalities and those conditions render them likely to engage in sexually violent behavior. The legislature further finds that sex offenders' likelihood of engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment act, chapter 71.05 RCW, is inadequate to address the risk to reoffend because during confinement these offenders do not have access to potential victims and therefore they will not engage in an overt act during confinement as required by the involuntary treatment act for continued confinement. The legislature further finds that the prognosis for curing sexually violent offenders is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different than the traditional treatment modalities for people appropriate for commitment under the involuntary treatment act.
RCW 71.98.020 — Washington Code / Title 71 / Chapter 98 / Section 020
RCW 71.98.020: Title, chapter, section headings not part of law.
Status: in_force

Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
RCW 71.34.735 — Washington Code / Title 71 / Chapter 34 / Section 735
RCW 71.34.735: Commitment hearing—Continuance or postponement.
Status: in_force

(1) In any proceeding for involuntary commitment under this chapter, the court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the prosecuting attorney or the attorney general if: (a) The respondent expressly consents to a continuance or delay and there is a showing of good cause; or (b) Such continuance is required in the proper administration of justice and the respondent will not be substantially prejudiced in the presentation of the respondent's case. (2) The court may on its own motion continue the case when required in due administration of justice and when the respondent will not be substantially prejudiced in the presentation of the respondent's case. (3) The court shall state in any order of continuance or postponement the grounds for the continuance or postponement and whether detention will be extended.
RCW 71.34.387 — Washington Code / Title 71 / Chapter 34 / Section 387
RCW 71.34.387: Online training for behavioral health providers—State law and best practices when providing behavioral health services to children, youth, and families.
Status: in_force

Subject to the availability of amounts appropriated for this specific purpose, the authority must provide an online training for behavioral health providers regarding state law and best practices when providing behavioral health services to children, youth, and families. The training must be free for providers and must include information related to family-initiated treatment, adolescent-initiated treatment, other treatment services provided under this chapter, and standards for sharing of information about behavioral health services received by an adolescent under RCW 70.02.240 and 70.02.265 .
RCW 71.12.688 — Washington Code / Title 71 / Chapter 12 / Section 688
RCW 71.12.688: Pediatric transitional care services—Facilities not subject to construction review.
Status: in_force

Facilities that provide pediatric transitional care services that are in existence on July 23, 2017, are not subject to construction review by the department for initial licensure.
RCW 71.24.619 — Washington Code / Title 71 / Chapter 24 / Section 619
RCW 71.24.619: Standard set of criteria—Authority review.
Status: in_force

When updated versions of the ASAM Criteria, treatment criteria for addictive, substance related, and co-occurring conditions, inclusive of adolescent and transition age youth versions, are published by the American society of addiction medicine, the health care authority and the office of the insurance commissioner shall jointly determine whether to use the updated version, and, if so, the date upon which the updated version must begin to be used by medicaid managed care organizations, carriers, and other relevant entities. Both agencies shall post notice of their decision on their websites. For purposes of the ASAM Criteria, 4th edition, medicaid managed care organizations and carriers shall begin to use the updated criteria no later than January 1, 2028, unless the health care authority and the office of the insurance commissioner jointly determine that it should not be used.
RCW 71.24.920 — Washington Code / Title 71 / Chapter 24 / Section 920
RCW 71.24.920: Certified peer support specialists—Courses of instruction—Duties.
Status: in_force

(1)(a) By January 1, 2025, the authority must develop a course of instruction to become a certified peer support specialist under chapter 18.420 RCW. The course must be approximately 80 hours in duration and based upon the curriculum offered by the authority in its peer counselor training as of July 23, 2023, as well as additional instruction in the principles of recovery coaching and suicide prevention. The authority shall establish a peer engagement process to receive suggestions regarding subjects to be covered in the 80-hour curriculum beyond those addressed in the peer counselor training curriculum and recovery coaching and suicide prevention curricula, including the cultural appropriateness of the 80-hour training. The education course must be taught by certified peer support specialists. The education course must be offered by the authority with sufficient frequency to accommodate the demand for training and the needs of the workforce. The authority must establish multiple configurations for offering the education course, including offering the course as an uninterrupted course with longer class hours held on consecutive days for students seeking accelerated completion of the course and as an extended course with reduced daily class hours, possibly with multiple days between classes, to accommodate students with other commitments. Upon completion of the education course, the student must pass an oral examination administered by the course trainer. (b) The authority shall develop an expedited course of instruction that consists of only those portions of the curriculum required under (a) of this subsection that exceed the authority's certified peer counselor training curriculum as it exists on July 23, 2023. The expedited training shall focus on assisting persons who completed the authority's certified peer counselor training as it exists on July 23, 2023, to meet the education requirements for certification under RCW 18.420.050 . (2) By January 1, 2025, the authority must develop a training course for certified peer support specialists providing supervision to certified peer support specialist trainees under RCW 18.420.060 . (3)(a) By July 1, 2025, the authority shall offer a 40-hour specialized training course in peer crisis response services for individuals employed as peers who work with individuals who may be experiencing a behavioral health crisis. When offering the training course, priority for enrollment must be given to certified peer support specialists employed in a crisis-related setting, including entities identified in (b) of this subsection. The training shall incorporate best practices for responding to 988 behavioral health crisis line calls, as well as processes for co-response with law enforcement when necessary. (b) Beginning July 1, 2025, any entity that uses certified peer support specialists as peer crisis responders, may only use certified peer support specialists who have completed the training course established by (a) of this subsection. A behavioral health agency that uses certified peer support specialists to work as peer crisis responders must maintain the records of the completion of the training course for those certified peer support specialists who provide these services and make the records available to the state agency for auditing or certification purposes. (4) By July 1, 2025, the authority shall offer a course designed to inform licensed or certified behavioral health agencies of the benefits of incorporating certified peer support specialists and certified peer support specialist trainees into their clinical staff and best practices for incorporating their services. The authority shall encourage entities that hire certified peer support specialists and certified peer support specialist trainees, including licensed or certified behavioral health agencies, hospitals, primary care offices, and other entities, to have appropriate staff attend the training by making it available in multiple formats. (5) The authority, in consultation with the office of crime victims advocacy established under RCW 43.280.080 , must contract with one or more training entities for the development of three separate courses of instruction related to the provision of peer support services to persons who have experienced domestic violence, sexual assault, or human trafficking. The authority shall collaborate with people with lived and living experience in the development of the courses. The courses must supplement the instruction received by certified peer support specialists and incorporate competencies that are typically taught in training programs for victim advocates, including safety planning, a foundational understanding of domestic violence, sexual assault, or human trafficking, as applicable, and advocacy across legal, medical, social services, and other systems. (6) The authority shall: (a) Hire clerical, administrative, investigative, and other staff as needed to implement this section to serve as examiners for any practical oral or written examination and assure that the examiners are trained to administer examinations in a culturally appropriate manner and represent the diversity of applicants being tested. The authority shall adopt procedures to allow for appropriate accommodations for persons with a learning disability, other disabilities, and other needs and assure that staff involved in the administration of examinations are trained on those procedures; (b) Develop oral and written examinations required under this section. The initial examinations shall be adapted from those used by the authority as of July 23, 2023. The authority shall assure that the examinations are culturally appropriate; (c) Prepare, grade, and administer, or supervise the grading and administration of written examinations for obtaining a certificate; (d) Approve entities to provide the educational courses required by this section and approve entities to prepare, grade, and administer written examinations for the educational courses required by this section; (e) Develop examination preparation materials and make them available to students enrolled in the courses established under this section in multiple formats, including specialized examination preparation support for students with higher barriers to passing the written examination; and (f) Administer, through contract, a program to link eligible persons in recovery from behavioral health challenges who are seeking employment as peers with employers seeking to hire peers, including certified peer support specialists. The authority must contract for this program with an organization that provides peer workforce development, peer coaching, and other peer supportive services. The contract must require the organization to create and maintain a statewide database which is easily accessible to eligible persons in recovery who are seeking employment as peers and potential employers seeking to hire peers, including certified peer support specialists. The program must be fully implemented by July 1, 2024. (7) For the purposes of this section: (a) "Peer crisis responder" means a peer support specialist certified under chapter 18.420 RCW who has completed the training under subsection (3) of this section whose job involves responding to behavioral health emergencies, including those dispatched through a 988 crisis hotline or the 911 system. (b) "Victim services agency" means a program or organization that provides, as its primary purpose, assistance and advocacy for persons who have experienced domestic violence, sexual assault, or human trafficking. Services may include crisis intervention, individual and group support, information, referrals, and safety planning.
RCW 71.12.570 — Washington Code / Title 71 / Chapter 12 / Section 570
RCW 71.12.570: Communications by patients—Rights.
Status: in_force

No person in an establishment as defined in this chapter shall be restrained from sending written communications of the fact of his or her detention in such establishment to a friend, relative, or other person. The physician in charge of such person and the person in charge of such establishment shall send each such communication to the person to whom it is addressed. All persons in an establishment shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.217 and to voluntarily admitted or committed persons pursuant to RCW 71.05.050 and 71.05.380 .
RCW 71A.12.220 — Washington Code / Title 71A / Chapter 12 / Section 220
RCW 71A.12.220: Community protection program—Definitions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 1390-S.SL ) ***

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Assessment" means the written opinion of a qualified professional stating, at a minimum: (a) Whether a person meets the criteria established in RCW 71A.12.210 ; (b) What restrictions are necessary. (2) "Certified community protection program intensive supported living services" means access to twenty-four-hour supervision, instruction, and support services as identified in the person's plan of care. (3) "Community protection program" means services specifically designed to support persons who meet the criteria of RCW 71A.12.210 . (4) "Constitutes a risk to others" means a determination of a person's risk and/or dangerousness based upon a thorough assessment by a qualified professional. (5) "Department" means the department of social and health services. (6) "Developmental disability" means that condition defined in RCW 71A.10.020 . (7) "Disclosure" means providing copies of professional assessments, incident reports, legal documents, and other information pertaining to community protection issues to ensure the provider has all relevant information. Polygraph and plethysmograph reports are excluded from disclosure. (8) "Division" means the division of developmental disabilities. (9) "Managed successfully" means that a person supported by a community protection program does not engage in the behavior identified in RCW 71A.12.210 . (10) "Opportunistic behavior" means an act committed on impulse, which is not premeditated. (11) "Predatory" means acts directed toward strangers, individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or casual acquaintances with whom no substantial personal relationship exists. Predatory behavior may be characterized by planning and/or rehearsing the act, stalking, and/or grooming the victim. (12) "Qualified professional" means a person with at least three years' prior experience working with individuals with developmental disabilities, and: (a) If the person being assessed has demonstrated sexually aggressive or sexually violent behavior, that person must be assessed by a qualified professional who is a certified sex offender treatment provider, or affiliate sex offender treatment provider working under the supervision of a certified sex offender treatment provider; or (b) if the person being assessed has demonstrated violent, dangerous, or aggressive behavior, that person must be assessed by a licensed psychologist or psychiatrist who has received specialized training in the treatment of or has at least three years' prior experience treating violent or aggressive behavior. (13) "Treatment team" means the program participant and the group of people responsible for the development, implementation, and monitoring of the person's individualized supports and services. This group may include, but is not limited to, the case resource manager, therapist, residential provider, employment/day program provider, and the person's legal representative and/or family, provided the person consents to the family member's involvement. (14) "Violent offense" means any felony defined as a violent offense in RCW 9.94A.030 . (15) "Waiver" means the community-based funding under section 1915 of Title XIX of the federal social security act.
RCW 71.34.740 — Washington Code / Title 71 / Chapter 34 / Section 740
RCW 71.34.740: Commitment hearing—Requirements—Findings by court—Commitment—Release.
Status: in_force

(1) A commitment hearing shall be held within one hundred twenty hours of the minor's admission, excluding Saturday, Sunday, and holidays, unless a continuance is ordered under RCW 71.34.735 . (2) The commitment hearing shall be conducted at the superior court or an appropriate place at the facility in which the minor is being detained. (3) At the commitment hearing, the evidence in support of the petition shall be presented by the county prosecutor. (4) The minor shall be present at the commitment hearing unless the minor, with the assistance of the minor's attorney, waives the right to be present at the hearing. (5) If the parents are opposed to the petition, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent. (6) At the commitment hearing, the minor shall have the following rights: (a) To be represented by an attorney; (b) To present evidence on his or her own behalf; (c) To question persons testifying in support of the petition. (7) If the hearing is for commitment for mental health treatment, the court at the time of the commitment hearing and before an order of commitment is entered shall inform the minor both orally and in writing that the failure to make a good faith effort to seek voluntary treatment as provided in RCW 71.34.730 will result in the loss of his or her firearm rights if the minor is subsequently detained for involuntary treatment under this section. (8) If the minor has received medication within twenty-four hours of the hearing, the court shall be informed of that fact and of the probable effects of the medication. (9) For a fourteen-day commitment, the court must find by a preponderance of the evidence that: (a) The minor has a behavioral health disorder and presents a likelihood of serious harm or is gravely disabled; (b) The minor is in need of evaluation and treatment of the type provided by the inpatient evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program to which continued inpatient care is sought or is in need of less restrictive alternative treatment found to be in the best interests of the minor or others; (c) The minor is unwilling or unable in good faith to consent to voluntary treatment; and (d) If commitment is for a substance use disorder, there is an available secure withdrawal management and stabilization facility or approved substance use disorder treatment program with adequate space for the minor. (10) If the court finds that the minor meets the criteria for a fourteen-day commitment, the court shall either authorize commitment of the minor for inpatient treatment or for less restrictive alternative treatment upon such conditions as are necessary. If the court determines that the minor does not meet the criteria for a fourteen-day commitment, the minor shall be released. (11)(a) Nothing in this section prohibits the professional person in charge of the facility from releasing the minor at any time, when, in the opinion of the professional person in charge of the facility, further inpatient treatment is no longer necessary. The release may be subject to reasonable conditions if appropriate. (b) Whenever a minor is released under this section, the professional person in charge shall within three days, notify the court in writing of the release. (12) A minor who has been committed for fourteen days shall be released at the end of that period unless a petition for one hundred eighty-day commitment is pending before the court.
RCW 71.06.260 — Washington Code / Title 71 / Chapter 06 / Section 260
RCW 71.06.260: Hospitalization costs—Sexual psychopaths—Financial responsibility.
Status: in_force

At any time any person is committed as a sexual psychopath the court shall, after reasonable notice of the time, place and purpose of the hearing has been given to persons subject to liability under this section, inquire into and determine the financial ability of said person, or his or her parents if he or she is a minor, or other relatives to pay the cost of care, meals and lodging during his or her period of hospitalization. Such cost shall be determined by the department of social and health services. Findings of fact shall be made relative to the ability to pay such cost and a judgment entered against the person or persons found to be financially responsible and directing the payment of said cost or such part thereof as the court may direct. The person committed, or his or her parents or relatives, may apply for modification of said judgment, or the order last entered by the court, if a proper showing of equitable grounds is made therefor.
RCW 71.24.670 — Washington Code / Title 71 / Chapter 24 / Section 670
RCW 71.24.670: Substance use disorder treatment facilities and entities—Record sharing.
Status: in_force

Any substance use disorder treatment facilities and entities that provide behavioral health services where the department of children, youth, and families is investigating child abuse or neglect, as provided for under RCW 26.44.210 , shall share records and any other information that is relevant to the department of children, youth, and families' investigation. Any records or information shared with the department of children, youth, and families retains any confidentiality protections under state or federal law.
RCW 71A.26.020 — Washington Code / Title 71A / Chapter 26 / Section 020
RCW 71A.26.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Administration" means the division of the department responsible for providing services to eligible persons, but does not include the division of the department responsible for the licensing and certification of services and facilities for eligible persons. (2) "Assessment" has the same meaning as defined in RCW 71A.10.020 . (3) "Client" means a person who has a developmental disability as defined in RCW 71A.10.020 and has been determined to be eligible to receive services under chapter 71A.16 RCW. (4) "Department" means the department of social and health services. (5) "Developmental disabilities ombuds" means the office created under chapter 43.382 RCW. (6) "Eligible person" has the same meaning as defined in RCW 71A.10.020 . (7) "Legal representative" means a parent of a client under age eighteen, a court-appointed guardian or limited guardian under Title 11 RCW if the subject matter is within the scope of the guardianship order, or any other person authorized by law to act for the client. (8) "Necessary supplemental accommodation representative" means an individual who receives copies of administration correspondence in order to help a client or eligible person understand the documents and exercise the client or eligible person's rights. The necessary supplemental accommodation representative is identified by the client or eligible person when the client or eligible person does not have a legal guardian and is requesting or receiving services from the administration. (9) "Provider" means an individual, a facility, or an agency that is one or more of the following: Licensed, certified, contracted by the department, or state operated to provide services to administration clients. (10) "Restraint" includes: (a) Physical restraint, which is a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the client's body that restricts freedom of movement or access to the client's body, is used for discipline or convenience, and is not required to treat the client's medical symptoms; and (b) Chemical restraint, which is a psychopharmacologic drug that is used for discipline or convenience and is not required to treat the client's medical symptoms. (11) "Restriction" means a limitation on the client's use or enjoyment of property, social activities, or engagement in the community. (12) "Service plan" means any plan required by the department to deliver the services authorized by the administration to the client.
RCW 71.02.490 — Washington Code / Title 71 / Chapter 02 / Section 490
RCW 71.02.490: Authority over patient—Federal agencies, private establishments.
Status: in_force

The United States veterans' administration, or other United States government agency, or the chief officer of a private facility shall have the same powers as are conferred upon the superintendent of a state hospital with reference to retention, transfer, parole, or discharge of mentally ill persons ordered hospitalized in their facilities.
RCW 71A.20.020 — Washington Code / Title 71A / Chapter 20 / Section 020
RCW 71A.20.020: Residential habilitation centers.
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, the following residential habilitation centers are permanently established to provide services to persons with developmental disabilities: Lakeland Village, located at Medical Lake, Spokane county; Rainier school, located at Buckley, Pierce county; Yakima Valley school, located at Selah, Yakima county; and Fircrest school, located at Seattle, King county. (2) The Yakima Valley school, located at Selah, Yakima county, shall cease to operate as a residential habilitation center when the conditions in RCW 71A.20.180 (1)(a) are met. (3) The Rainier school, located at Buckley, Pierce county shall cease to operate as a residential habilitation center when the conditions in RCW 71A.20.191 (5) are met.
RCW 71A.18.050 — Washington Code / Title 71A / Chapter 18 / Section 050
RCW 71A.18.050: Discontinuance of a service.
Status: in_force

(1) When considering the discontinuance of a service that is being provided to a person, the secretary shall consult as required in RCW 71A.10.070 . (2) The discontinuance of a service under this section does not affect the person's eligibility for services. Other services may be provided or the same service may be restored when it is again available or when it is again needed. (3) Except when the service is discontinued at the request of the person receiving the service or that person's legal representative, the secretary shall give notice as required in RCW 71A.10.060 .
RCW 71.06.060 — Washington Code / Title 71 / Chapter 06 / Section 060
RCW 71.06.060: Preliminary hearing—Commitment, or other disposition of charge.
Status: in_force

After the superintendent's report has been filed, the court shall determine whether or not the defendant is a sexual psychopath. If said defendant is found to be a sexual psychopath, the court shall commit him or her to the secretary of social and health services for designation of the facility for detention, care, and treatment of the sexual psychopath. If the defendant is found not to be a sexual psychopath, the court shall order the sentence to be executed, or may discharge the defendant as the case may merit.The department is hereby authorized to establish and maintain psychiatric outpatient clinics at such of the several state mental institutions as the secretary shall designate for the prevention, diagnosis and treatment of mental illnesses, and the services of such clinics shall be available to any citizen of the state in need thereof, when determined by a physician that such services are not otherwise available, subject to the rules of the department.
RCW 71.05.215 — Washington Code / Title 71 / Chapter 05 / Section 215
RCW 71.05.215: Right to refuse antipsychotic medicine—Rules.
Status: in_force

(1) A person found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health disorder has a right to refuse antipsychotic medication unless it is determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication in the best interest of that person. (2) The authority shall adopt rules to carry out the purposes of this chapter. These rules shall include: (a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication. (b) For short-term treatment up to thirty days, the right to refuse antipsychotic medications unless there is an additional concurring medical opinion approving medication by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010 , psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with a mental health professional with prescriptive authority. (c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW 71.05.217 , the right to periodic review of the decision to medicate by the medical director or designee. (d) Administration of antipsychotic medication in an emergency and review of this decision within twenty-four hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and in the opinion of the physician, physician assistant, or psychiatric advanced registered nurse practitioner, the person's condition constitutes an emergency requiring the treatment be instituted prior to obtaining a second medical opinion. (e) Documentation in the medical record of the attempt by the physician, physician assistant, or psychiatric advanced registered nurse practitioner to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.
RCW 71.24.614 — Washington Code / Title 71 / Chapter 24 / Section 614
RCW 71.24.614: Prenatal substance exposure—Contracting.
Status: in_force

Subject to the availability of amounts appropriated for this specific purpose, the authority shall contract with a statewide nonprofit entity with expertise in fetal alcohol spectrum disorders and experience in supporting parents and caregivers to offer free support groups for individuals living with fetal alcohol spectrum disorders and their parents and caregivers.
RCW 71.24.648 — Washington Code / Title 71 / Chapter 24 / Section 648
RCW 71.24.648: Standards for certification or licensure of intensive behavioral health treatment facilities.
Status: in_force

The secretary shall license or certify intensive behavioral health treatment facilities that meet state minimum standards. The secretary must establish rules working with the authority and the department of social and health services to create standards for licensure or certification of intensive behavioral health treatment facilities. The rules, at a minimum, must: (1) Clearly define clinical eligibility criteria in alignment with how "intensive behavioral health treatment facility" is defined in RCW 71.24.025 ; (2) Require twenty-four hour supervision of residents; (3) Establish staffing requirements that provide an appropriate response to the acuity of the residents, including a clinical team and a high staff to patient ratio; (4) Establish requirements for the ability to provide services and an appropriate level of care to individuals with intellectual or developmental disabilities. The requirements must include staffing and training; (5) Require access to regular psychosocial rehabilitation services including, but not limited to, skills training in daily living activities, social interaction, behavior management, impulse control, and self-management of medications; (6) Establish requirements for the ability to use limited egress; (7) Limit services to persons at least eighteen years of age; and (8) Establish resident rights that are substantially similar to the rights of residents in long-term care facilities.
RCW 71A.16.050 — Washington Code / Title 71A / Chapter 16 / Section 050
RCW 71A.16.050: Determination of eligibility—Assessment—Determination of appropriate services—Availability of services.
Status: in_force

The determination made under this chapter is only as to whether a person is eligible for services. After the secretary has determined under this chapter that a person is eligible for services, the individual may request an assessment for eligibility for medicaid programs and specific services administered by the developmental disabilities administration. The secretary shall make a determination as to what services are appropriate for the person. The secretary shall prioritize services to medicaid eligible clients. Services may be made available to nonmedicaid eligible clients based on available funding. Services available through the state medicaid plan must be provided to those individuals who meet the eligibility criteria. The department shall establish and maintain a service request list database for individuals who are found to be eligible and have an assessed and unmet need for programs and services offered under a home and community-based services waiver, but the provision of a specific service would exceed the biennially budgeted capacity.
RCW 71A.12.010 — Washington Code / Title 71A / Chapter 12 / Section 010
RCW 71A.12.010: State and local program—Coordination—Continuum.
Status: in_force

It is declared to be the policy of the state to authorize the secretary to develop and coordinate state services for persons with developmental disabilities; to encourage research and staff training for state and local personnel working with persons with developmental disabilities; and to cooperate with communities to encourage the establishment and development of services to persons with developmental disabilities through locally administered and locally controlled programs. The complexities of developmental disabilities require the services of many state departments as well as those of the community. Services should be planned and provided as a part of a continuum. A pattern of facilities and services should be established, within appropriations designated for this purpose, which is sufficiently complete to meet the needs of each person with a developmental disability regardless of age or degree of disability, and at each stage of the person's development.
RCW 71A.22.010 — Washington Code / Title 71A / Chapter 22 / Section 010
RCW 71A.22.010: Contracts for services authorized.
Status: in_force

The secretary may enter into agreements with any person or with any person, corporation, or association operating a day training center or group training home or a combination day training center and group training home approved by the department, for the payment of all, or a portion, of the cost of the care, treatment, maintenance, support, and training of persons with developmental disabilities.
RCW 71.34.790 — Washington Code / Title 71 / Chapter 34 / Section 790
RCW 71.34.790: Transportation for minors committed to state facility for one hundred eighty-day treatment.
Status: in_force

Necessary transportation for minors committed to the director under this chapter for one hundred eighty-day treatment shall be provided by the authority in the most appropriate and cost-effective means.
RCW 71.05.750 — Washington Code / Title 71 / Chapter 05 / Section 750
RCW 71.05.750: Report—No bed available for person who meets detention criteria.
Status: in_force

(1) A designated crisis responder shall make a report to the authority when he or she determines a person meets detention criteria under RCW 71.05.150 , 71.05.153 , 71.34.700 , or 71.34.710 and there are not any beds available at an evaluation and treatment facility, the person has not been provisionally accepted for admission by a facility, and the person cannot be served on a single bed certification or less restrictive alternative. Starting at the time when the designated crisis responder determines a person meets detention criteria and the investigation has been completed, the designated crisis responder has twenty-four hours to submit a completed report to the authority. (2) The report required under subsection (1) of this section must contain at a minimum: (a) The date and time that the investigation was completed; (b) The identity of the responsible behavioral health administrative services organization and managed care organization, if applicable; (c) The county in which the person met detention criteria; (d) A list of facilities which refused to admit the person; and (e) Identifying information for the person, including age or date of birth. (3) The authority shall develop a standardized reporting form or modify the current form used for single bed certifications for the report required under subsection (2) of this section and may require additional reporting elements as it determines are necessary or supportive. The authority shall also determine the method for the transmission of the completed report from the designated crisis responder to the authority. (4) The authority shall create quarterly reports displayed on its website that summarize the information reported under subsection (2) of this section. At a minimum, the reports must display data by county and by month. The reports must also include the number of single bed certifications granted by category. The categories must include all of the reasons that the authority recognizes for issuing a single bed certification, as identified in rule. (5) The reports provided according to this section may not display "protected health information" as that term is used in the federal health insurance portability and accountability act of 1996, nor information contained in "mental health treatment records" as that term is used in chapter 70.02 RCW or elsewhere in state law, and must otherwise be compliant with state and federal privacy laws. (6) For purposes of this section, the term "single bed certification" means a situation in which an adult on a one hundred twenty hour detention, fourteen-day commitment, ninety-day commitment, or one hundred eighty-day commitment is detained to a facility that is: (a) Not licensed or certified as an inpatient evaluation and treatment facility; or (b) A licensed or certified inpatient evaluation and treatment facility that is already at capacity.
RCW 71.34.355 — Washington Code / Title 71 / Chapter 34 / Section 355
RCW 71.34.355: Rights of minors undergoing treatment—Posting—Waiver—Presumption of incompetency.
Status: in_force

(1) Absent a risk to self or others, minors treated under this chapter have the following rights, which shall be prominently posted in the evaluation and treatment facility: (a) To wear their own clothes and to keep and use personal possessions; (b) To keep and be allowed to spend a reasonable sum of their own money for canteen expenses and small purchases; (c) To have individual storage space for private use; (d) To have visitors at reasonable times; (e) To have reasonable access to a telephone, both to make and receive confidential calls; (f) To have ready access to letter-writing materials, including stamps, and to send and receive uncensored correspondence through the mails; (g) To discuss treatment plans and decisions with mental health professionals; (h) To have the right to adequate care and individualized treatment; (i) To not be denied access to treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination in addition to the treatment otherwise proposed; (j) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.34.750 or the performance of electroconvulsive treatment or surgery, except emergency lifesaving surgery, upon him or her, unless ordered by a court under procedures described in RCW 71.05.217 (1)(j). The minor's parent may exercise this right on the minor's behalf, and must be informed of any impending treatment; (k) Not to have psychosurgery performed on him or her under any circumstances. (2)(a) Privileges between minors and physicians, physician assistants, psychologists, or psychiatric advanced registered nurse practitioners are deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications. As to other proceedings under this chapter, the privileges are waived when a court of competent jurisdiction in its discretion determines that such waiver is necessary to protect either the detained minor or the public. (b) The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained minor for purposes of a proceeding under this chapter. Upon motion by the detained minor or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver. (c) The record maker may not be required to testify in order to introduce medical or psychological records of the detained minor so long as the requirements of RCW 5.45.020 are met except that portions of the record which contain opinions as to the detained minor's mental state must be deleted from such records unless the person making such conclusions is available for cross-examination. (3) No minor may be presumed incompetent as a consequence of receiving an evaluation or voluntary or involuntary treatment for a mental disorder or substance use disorder, under this chapter or any prior laws of this state dealing with mental illness or substance use disorders.
RCW 71.05.560 — Washington Code / Title 71 / Chapter 05 / Section 560
RCW 71.05.560: Adoption of rules.
Status: in_force

The department, the department of social and health services, and the authority shall adopt such rules as may be necessary to effectuate the intent and purposes of this chapter, which shall include but not be limited to evaluation of the quality of the program and facilities operating pursuant to this chapter, evaluation of the effectiveness and cost-effectiveness of such programs and facilities, and procedures and standards for licensing or certification and other action relevant to evaluation and treatment facilities, secure detoxification facilities, and approved substance use disorder treatment programs.
RCW 71.09.140 — Washington Code / Title 71 / Chapter 09 / Section 140
RCW 71.09.140: Notice of conditional release or unconditional discharge—Notice of escape and recapture.
Status: in_force

(1)(a) At the earliest possible date, and in no event later than 30 days before conditional release, change of address for a person on conditional release, or unconditional discharge, except in the event of escape, the department of social and health services shall send written notice of conditional release, unconditional discharge, or escape, to the following: (i) The chief of police of the city, if any, in which the person will reside or in which placement will be made under a less restrictive alternative; (ii) The sheriff of the county in which the person will reside or in which placement will be made under a less restrictive alternative; and (iii) The sheriff of the county where the person was last convicted of a sexually violent offense, if the department does not know where the person will reside. The department shall notify the state patrol of the release of all sexually violent predators and that information shall be placed in the Washington crime information center for dissemination to all law enforcement. (b) A return to total confinement or to a secure community transition facility pending revocation or modification proceedings is not considered a change of address for purposes of (a) of this subsection, and an additional community notification process is not required, unless conditional release is revoked under RCW 71.09.098 or the return lasts longer than 90 days. (2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific person found to be a sexually violent predator under this chapter: (a) The victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. "Next of kin" as used in this section means a person's spouse, parents, siblings, and children; (b) Any witnesses who testified against the person in his or her commitment trial under RCW 71.09.060 ; and (c) Any person specified in writing by the prosecuting agency. Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting agency to receive the notice, and the notice are confidential and shall not be available to the committed person. (3) If a person committed as a sexually violent predator under this chapter escapes from a department of social and health services facility, the department shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the committed person resided immediately before his or her commitment as a sexually violent predator, or immediately before his or her incarceration for his or her most recent offense. If previously requested, the department shall also notify the witnesses and the victims of the sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. If the person is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture. (4) If the victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin, or any witness is under the age of 16, the notice required by this section shall be sent to the parents or legal guardian of the child. (5) The department of social and health services shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address. (6) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.
RCW 71.32.250 — Washington Code / Title 71 / Chapter 32 / Section 250
RCW 71.32.250: Long-term care facility residents—Readmission after inpatient behavioral health treatment—Evaluation, report to legislature.
Status: in_force

(1) If a principal who is a resident of a long-term care facility is admitted to inpatient behavioral health treatment pursuant to his or her directive, the principal shall be allowed to be readmitted to the same long-term care facility as if his or her inpatient admission had been for a physical condition on the same basis that the principal would be readmitted under state or federal statute or rule when: (a) The treating facility's professional staff determine that inpatient behavioral health treatment is no longer medically necessary for the resident. The determination shall be made in writing by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010 , or a psychiatric advanced registered nurse practitioner, or (i) one physician and a mental health professional or substance use disorder professional; (ii) one physician assistant and a mental health professional or substance use disorder professional; or (iii) one psychiatric advanced registered nurse practitioner and a mental health professional or substance use disorder professional; or (b) The person's consent to admission in his or her directive has expired. (2)(a) If the long-term care facility does not have a bed available at the time of discharge, the treating facility may discharge the resident, in consultation with the resident and agent if any, and in accordance with a medically appropriate discharge plan, to another long-term care facility. (b) This section shall apply to inpatient behavioral health treatment admission of long-term care facility residents, regardless of whether the admission is directly from a facility, hospital emergency room, or other location. (c) This section does not restrict the right of the resident to an earlier release from the inpatient treatment facility. This section does not restrict the right of a long-term care facility to initiate transfer or discharge of a resident who is readmitted pursuant to this section, provided that the facility has complied with the laws governing the transfer or discharge of a resident. (3) The joint legislative audit and review committee shall conduct an evaluation of the operation and impact of this section. The committee shall report its findings to the appropriate committees of the legislature by December 1, 2004.
RCW 71.34.795 — Washington Code / Title 71 / Chapter 34 / Section 795
RCW 71.34.795: Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities.
Status: in_force

When in the judgment of the department of children, youth, and families the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that the person be transferred or moved for observation, diagnosis, or treatment to an evaluation and treatment facility, the secretary of children, youth, and families or the secretary's designee is authorized to order and effect such move or transfer for a period of up to fourteen days, provided that the secretary notifies the original committing court of the transfer and the evaluation and treatment facility is in agreement with the transfer. No person committed to or confined in any state juvenile correctional institution or facility may be transferred to an evaluation and treatment facility for more than fourteen days unless that person has been admitted as a voluntary patient or committed for one hundred eighty-day treatment under this chapter or ninety-day treatment under chapter 71.05 RCW if eighteen years of age or older. Underlying jurisdiction of minors transferred or committed under this section remains with the state correctional institution. A voluntary admitted minor or minors committed under this section and no longer meeting the criteria for one hundred eighty-day commitment shall be returned to the state correctional institution to serve the remaining time of the underlying dispositional order or sentence. The time spent by the minor at the evaluation and treatment facility shall be credited towards the minor's juvenile court sentence.
RCW 71.34.360 — Washington Code / Title 71 / Chapter 34 / Section 360
RCW 71.34.360: No detention of minors after eighteenth birthday—Exceptions.
Status: in_force

No minor received as a voluntary patient or committed under this chapter may be detained after his or her eighteenth birthday unless the person, upon reaching eighteen years of age, has applied for admission to an appropriate evaluation and treatment facility or unless involuntary commitment proceedings under chapter 71.05 RCW have been initiated: PROVIDED, That a minor may be detained after his or her eighteenth birthday for purposes of completing the fourteen-day diagnosis, evaluation, and treatment.
RCW 71.05.820 — Washington Code / Title 71 / Chapter 05 / Section 820
RCW 71.05.820: Appearance by video technology.
Status: in_force

For purposes of this chapter, at any hearing the petitioner, the respondent, the witnesses, the interpreters, and the presiding judicial officer may be present and participate either in person or by video, as determined by the court. The term "video" as used in this section includes any functional equivalent. At any hearing conducted by video, the technology used must permit the judicial officer, counsel, all parties, and the witnesses to be able to see, hear, and speak, when authorized, during the hearing; to allow attorneys to use exhibits or other materials during the hearing; and to allow the respondent's counsel to be in the same location as the respondent unless otherwise requested by the respondent or the respondent's counsel. Witnesses in a proceeding may also appear in court through other means, including telephonically, pursuant to the requirements of superior court civil rule 43. Notwithstanding the foregoing, the court, upon its own motion or upon a motion for good cause by any party, may require all parties and witnesses to participate in the hearing in person rather than by video. In ruling on any such motion, the court may allow in-person or video testimony; and the court may consider, among other things, whether the respondent's alleged behavioral health disorder affects the respondent's ability to perceive or participate in the proceeding by video.
RCW 71.24.470 — Washington Code / Title 71 / Chapter 24 / Section 470
RCW 71.24.470: Reentry community services program—Contract for case management—Use of appropriated funds.
Status: in_force

(1) The director shall contract, to the extent that funds are appropriated for this purpose, for case management services and such other services as the director deems necessary to assist persons identified under RCW 72.09.370 for participation in the reentry community services program. The contracts may be with any qualified and appropriate entities. The director shall ensure the authority has coverage in all counties of the state for the purposes of providing reentry community services program services. (2) The case manager has the authority to assist these persons in obtaining the services, as set forth in the plan created under RCW 72.09.370 (2), for up to five years. The services may include coordination of mental health services, assistance with unfunded medical expenses, assistance obtaining substance use disorder treatment, housing, employment services, educational or vocational training, independent living skills, parenting education, anger management services, peer services, and such other services as the case manager deems necessary. (3) The legislature intends that funds appropriated for the purposes of RCW 72.09.370 , 71.05.145 , and 71.05.212 , and this section are to supplement and not to supplant general funding. Funds appropriated to implement RCW 72.09.370 , 71.05.145 , and 71.05.212 , and this section are not to be considered available resources as defined in RCW 71.24.025 and are not subject to the priorities, terms, or conditions in the appropriations act established pursuant to RCW 71.24.035 . (4) The reentry community services program was formerly known as the community integration assistance program.
RCW 71A.28.020 — Washington Code / Title 71A / Chapter 28 / Section 020
RCW 71A.28.020: Person-centered service plan—Custody—Termination—Rules.
Status: in_force

(1) Under the person-centered service plan, the parent or legal guardian retains legal custody for the child's placement and care. The service plan must be signed by the child's parent or legal guardian and the department to be in effect. (2) The parent or legal guardian may terminate services at any time. Upon termination of services, the child's parent or legal guardian retains legal custody for the child's placement and care unless the child has been taken into custody by the department of children, youth, and families, pursuant to RCW 13.34.050 or 26.44.050 , placed in shelter care pursuant to RCW 13.34.060 , or placed in foster care pursuant to RCW 13.34.130 . (3) The department of social and health services must adopt rules for the person-centered service plan. (4) For purposes of this section, "person-centered service plan" means a written plan between the department and a child's parent or legal guardian approving services for the child in a licensed or certified setting.
RCW 71.34.915 — Washington Code / Title 71 / Chapter 34 / Section 915
RCW 71.34.915: Authority outreach—Law and policy communication—Accessibility.
Status: in_force

The authority shall dedicate at least one full-time employee to: (1) Connecting families, behavioral health providers, educators, and other stakeholders with current information about law and policy related to behavioral health services for minors; (2) Creating shareable content appropriate for communicating policy and resources related to behavioral health services for minors; (3) Designing and maintaining a communications plan related to behavioral health services for minors involving social media and other forms of direct outreach to providers, families, and youth; and (4) Monitoring the health care authority website to make sure that the information included on the website is accurate and designed in a manner that is accessible to families.
RCW 71.05.235 — Washington Code / Title 71 / Chapter 05 / Section 235
RCW 71.05.235: Examination, evaluation of criminal defendant—Hearing.
Status: in_force

(1) If an individual is referred to a designated crisis responder under *RCW 10.77.650 (6)(a), the designated crisis responder shall examine the individual within forty-eight hours. If the designated crisis responder determines it is not appropriate to detain the individual or petition for a ninety-day less restrictive alternative under RCW 71.05.230 (4), that decision shall be immediately presented to the superior court for hearing. The court shall hold a hearing to consider the decision of the designated crisis responder not later than the next judicial day. At the hearing the superior court shall review the determination of the designated crisis responder and determine whether an order should be entered requiring the person to be evaluated at an evaluation and treatment facility. No person referred to an evaluation and treatment facility may be held at the facility longer than one hundred twenty hours. (2) If an individual is placed in an evaluation and treatment facility under *RCW 10.77.650 (6)(b), a professional person shall evaluate the individual for purposes of determining whether to file a ninety-day inpatient or outpatient petition under this chapter. Before expiration of the one hundred twenty hour evaluation period authorized under *RCW 10.77.650 (6)(b), the professional person shall file a petition or, if the recommendation of the professional person is to release the individual, present his or her recommendation to the superior court of the county in which the criminal charge was dismissed. The superior court shall review the recommendation not later than forty-eight hours, excluding Saturdays, Sundays, and holidays, after the recommendation is presented. If the court rejects the recommendation to unconditionally release the individual, the court may order the individual detained at a designated evaluation and treatment facility for not more than a one hundred twenty hour evaluation and treatment period. If the evaluation and treatment facility files a ninety-day petition within the one hundred twenty hour period, the clerk shall set a hearing after the day of filing consistent with RCW 71.05.300 . Upon the individual's first appearance in court after a petition has been filed, proceedings under RCW 71.05.310 and 71.05.320 shall commence. For an individual subject to this subsection, the professional person may directly file a petition for ninety-day inpatient or outpatient treatment and no petition for initial detention or fourteen-day detention is required before such a petition may be filed. (3) If a designated crisis responder or the professional person and prosecuting attorney for the county in which the criminal charge was dismissed or attorney general, as appropriate, stipulate that the individual does not present a likelihood of serious harm or is not gravely disabled, the hearing under this section is not required and the individual, if in custody, shall be released.
RCW 71.32.070 — Washington Code / Title 71 / Chapter 32 / Section 070
RCW 71.32.070: Prohibited elements.
Status: in_force

A directive may not: (1) Create an entitlement to behavioral health or medical treatment or supersede a determination of medical necessity; (2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the treatment requested; (3) Obligate any health care provider, professional person, or health care facility to be responsible for the nontreatment personal care of the principal or the principal's personal affairs outside the scope of services the facility normally provides; (4) Replace or supersede the provisions of any will or testamentary document or supersede the provisions of intestate succession; (5) Be revoked by an incapacitated principal unless that principal selected the option to permit revocation while incapacitated at the time his or her directive was executed; or (6) Be used as the authority for inpatient admission for more than 14 days in any 21 day period.
RCW 71A.26.030 — Washington Code / Title 71A / Chapter 26 / Section 030
RCW 71A.26.030: Client rights—Notification.
Status: in_force

(1) The administration must notify the individual and the individual's legal representative or necessary supplemental accommodation representative of the rights set forth in this chapter upon determining the individual is an eligible person. The notification the administration provides must be in written form. The administration must document the date that the notification required in this subsection was provided. (2) The administration must notify a client and a client's legal representative or necessary supplemental accommodation representative of the rights set forth in this chapter upon conducting a client's assessment. The notification the administration provides must be in written form. The administration must document the date that the notification required in this subsection was provided. (3) The client has the right to exercise autonomy and choice free from provider interference. This includes the client's rights to: (a) Be free from sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion; (b) Be free from discrimination based on race, color, creed, national origin, religion, sex, age, disability, marital and family status, gender identity, or sexual orientation; (c) Make choices regarding the type of food available within the client's resources and service plan; (d) Have visitors at the client's home and associate with persons of the client's choosing and subject to limitations as negotiated with the client's housemates; (e) Control the client's schedule and choose activities, schedules, and health care that meet the client's needs; (f) Information about the treatment ordered by the client's health care provider and help plan how the treatment will be implemented; (g) Be free from unnecessary medication, restraints, and restrictions; (h) Vote, participate in the democratic process, and help people with getting elected to office; (i) Manage the client's money or choose a person to assist; (j) Be part of the community; (k) Make choices about the client's life; (l) Choose the clothes and hairstyle the client wears; (m) Furnish and decorate the client's bedroom to the client's preferences or furnish and decorate the client's home to the client's preferences subject to agreement with the client's housemates; (n) Seek paid employment; (o) Receive the services that the client agrees to receive; (p) Decide whether or not to participate in research after the research has been explained to the client, and after the client or the client's legal representative gives written consent for the client to participate in the research; and (q) Be free from financial exploitation. (4) The client has the right to participate in the administration's service planning. This includes the client's right to: (a) Be present and provide input on the client's service plans written by the administration and providers; (b) Have meaningful opportunities to lead planning processes; (c) Have the client's visions for a meaningful life and the client's goals for education, employment, housing, relationships, and recreation included in the planning process; (d) Choose an advocate to attend the planning processes with the client; and (e) Have access to current and accurate information about recreation, education, and employment opportunities available in the client's community. (5) The client has the right to access information about services and health care. This includes the client's right to: (a) View a copy of all of the client's service plans; (b) Possess full copies of the client's current service plans; (c) Review copies of the policies and procedures for any service the client receives, at any time. This includes policies and procedures about how the client may file a complaint to providers and the department; (d) Examine the results of the department's most recent survey or inspection conducted by state surveyors or inspectors, statements of deficiency, and plans of correction in effect with respect to the client's provider and the client's residence. The client's service provider must assist the client with locating and accessing this information upon the client's request; and (e) Receive written notification of enforcement actions taken by the department against the client's provider. The administration's case manager or designee must provide notification to the client and the client's legal representative or necessary supplemental accommodation representative within twenty days, excluding weekends and holidays, of the date of enforcement. For purposes of this subsection, a "provider" means an entity that provides residential services received by a client that is operated by or contracted through the administration. An enforcement action that requires this notification includes: (i) Conditions placed on the provider certification or license; (ii) Suspension or limited suspension of referrals or admissions; (iii) Imposition of provisional certification or decertification; or (iv) Denial, suspension, or revocation of a license or certification. (6) The client has the right to file complaints and grievances, and to request appeals. This includes the client's right to: (a) Appeal any decision by the department that denies, reduces, or terminates the client's eligibility, services, or choice of provider as defined in federal medicaid law and state public assistance laws; (b) Submit grievances to the client's provider about the client's services or other concerns. This includes, but is not limited to, concerns about the behavior of other people where the client lives. The provider must maintain a written policy on the grievance process that includes timelines and possible remedies. If a grievance is unresolved, the provider must provide the client with information on how to submit the grievance to the department; (c) File complaints and grievances, and request appeals without penalty or retaliation by the department or providers; and (d) Receive information about how to obtain accommodation for disability in the appeal process. (7) The client has the right to privacy and confidentiality. This includes the client's right to: (a) Personal privacy and confidentiality of the client's personal records; (b) Communicate privately, including the right to send and receive mail and email, and the right to use a telephone in an area where calls can be made without being overheard; and (c) Meet with and talk privately with the client's friends and family. (8) The client has rights during discharge, transfer, and termination of services as set forth in this subsection. (a) Clients that are residents of a long-term care facility that is licensed under chapter 18.20 , 72.36, or 70.128 RCW have the rights set forth in RCW 70.129.110 . (b) Clients that receive certified community residential services have the right to: (i) Remain with the client's provider. Services must not be terminated unless the provider determines and documents that: (A) The provider cannot meet the needs of the client; (B) The client's safety or the safety of other individuals in the facility or residence is endangered; (C) The client's health or the health of other individuals in the facility or residence would otherwise be endangered; or (D) The provider ceases to operate. (ii) Receive written notice from the provider of any potential termination of services at least thirty days before such termination, except when there is a health and safety emergency that requires termination of service, in which case notice shall be provided at least seventy-two hours before the date of termination. The notice must be provided to the client and the client's legal representative or necessary supplemental accommodation representative. The notice must include: (A) The reason for termination of services; and (B) The effective date of termination of services. (iii) Receive a transition plan at least two days before the effective date of the termination of services, or if the termination was based on a health and safety emergency receive a transition plan within two days of the administration's receipt of notice for emergency termination. The administration must provide the client and the client's legal representative or necessary supplemental accommodation representative with the plan. The plan must include: (A) The location where the client will be transferred; (B) The mode of transportation to the new location; and (C) The name, address, and telephone number of the developmental disabilities ombuds. (c) A provider that provides services to clients in a residence owned by the provider must exhaust the procedures for termination of services prior to the commencement of any unlawful detainer action under RCW 59.12.030 . (9) The client has the right to access advocates. The client has the right to receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies. The provider must not interfere with the client's access to any of the following: (a) Any representative of the state; (b) The resident's individual physician; (c) The developmental disabilities ombuds; or (d) Any representative of the organization designated to implement the protection and advocacy program pursuant to RCW 71A.10.080 . (10) If a client is subject to a guardianship order pursuant to *chapter 11.88 RCW, the rights of the client under this chapter are exercised by the client's guardian if the subject matter is within the scope of the guardianship order.
RCW 71.24.600 — Washington Code / Title 71 / Chapter 24 / Section 600
RCW 71.24.600: Inability to contribute to cost of services no bar to admission—Authority may limit admissions for nonmedicaid clients.
Status: in_force

The authority shall not refuse admission for diagnosis, evaluation, guidance[,] or treatment to any applicant because it is determined that the applicant is financially unable to contribute fully or in part to the cost of any services or facilities available under the community behavioral health program. For nonmedicaid clients, through its contracts with the behavioral health administrative services organizations, the authority may limit admissions of such applicants or modify its programs in order to ensure that expenditures for services or programs do not exceed amounts appropriated by the legislature and are allocated by the authority for such services or programs. For nonmedicaid clients, the authority may establish admission priorities in the event that the number of eligible applicants exceeds the limits set by the authority.
RCW 71.05.203 — Washington Code / Title 71 / Chapter 05 / Section 203
RCW 71.05.203: Notice—Petition for detention by family member, guardian, or conservator.
Status: in_force

(1) The authority and each behavioral health administrative services organization or agency employing designated crisis responders shall publish information in an easily accessible format describing the process for an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to petition for court review of a detention decision under RCW 71.05.201 . (2) A designated crisis responder or designated crisis responder agency that receives a request for investigation for possible detention under this chapter must inquire whether the request comes from an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who would be eligible to petition under RCW 71.05.201 . If the designated crisis responder decides not to detain the person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or forty-eight hours have elapsed since the request for investigation was received and the designated crisis responder has not taken action to have the person detained, the designated crisis responder or designated crisis responder agency must inform the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, who made the request for investigation about the process to petition for court review under RCW 71.05.201 and, to the extent feasible, provide the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, with written or electronic information about the petition process. Information provided to a federally recognized Indian tribe shall be sent to the tribal contact listed in the authority's tribal crisis coordination plan. If provision of written or electronic information is not feasible, the designated crisis responder or designated crisis responder agency must refer the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, to a website where published information on the petition process may be accessed. The designated crisis responder or designated crisis responder agency must document the manner and date on which the information required under this subsection was provided to the immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe. (3) A designated crisis responder or designated crisis responder agency must, upon request, disclose the date of a designated crisis responder investigation under this chapter to an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the person is a member of such tribe, of a person to assist in the preparation of a petition under RCW 71.05.201 .
RCW 71A.12.100 — Washington Code / Title 71A / Chapter 12 / Section 100
RCW 71A.12.100: Other services.
Status: in_force

Consistent with the general powers of the secretary and whether or not a particular person with a developmental disability is involved, the secretary may: (1) Provide information to the public on developmental disabilities and available services; (2) Engage in research concerning developmental disabilities and the habilitation of persons with developmental disabilities, and cooperate with others who do such research; (3) Provide consultant services to public and private agencies to promote and coordinate services to persons with developmental disabilities; (4) Provide training for persons in state or local governmental agencies or with private entities who come in contact with persons with developmental disabilities or who have a role in the care or habilitation of persons with developmental disabilities.
RCW 71.06.030 — Washington Code / Title 71 / Chapter 06 / Section 030
RCW 71.06.030: Procedure on petition—Effect of acquittal on criminal charge.
Status: in_force

The court shall proceed to hear the criminal charge. If the defendant is convicted or has previously pleaded guilty to such charge, judgment shall be pronounced, but the execution of the sentence may be deferred or suspended, as in other criminal cases, and the court shall then proceed to hear and determine the allegation of sexual psychopathy. Acquittal on the criminal charge shall not operate to suspend the hearing on the allegation of sexual psychopathy: PROVIDED, That the provisions of RCW 71.06.140 authorizing transfer of a committed sexual psychopath to a correctional institution shall not apply to the committed sexual psychopath who has been acquitted on the criminal charge.
RCW 71.05.160 — Washington Code / Title 71 / Chapter 05 / Section 160
RCW 71.05.160: Petition for initial detention.
Status: in_force

(1) Any facility receiving a person pursuant to RCW 71.05.150 or 71.05.153 shall require the designated crisis responder to prepare a petition for initial detention stating the circumstances under which the person's condition was made known and stating that there is evidence, as a result of his or her personal observation or investigation, that the actions of the person for which application is made constitute a likelihood of serious harm, or that he or she is gravely disabled, and stating the specific facts known to him or her as a result of his or her personal observation or investigation, upon which he or she bases the belief that such person should be detained for the purposes and under the authority of this chapter. (2)(a) If a person is involuntarily placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to RCW 71.05.150 or 71.05.153 , on the next judicial day following the initial detention, the designated crisis responder shall file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention. (b) If the person is involuntarily detained at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program in a different county from where the person was initially detained, the facility or program may file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention at the request of the designated crisis responder.
RCW 71A.10.015 — Washington Code / Title 71A / Chapter 10 / Section 015
RCW 71A.10.015: Declaration of policy.
Status: in_force

The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington.
RCW 71.05.732 — Washington Code / Title 71 / Chapter 05 / Section 732
RCW 71.05.732: Reimbursement for judicial services—Assessment.
Status: in_force

(1) The joint legislative audit and review committee shall conduct an independent assessment of the direct costs of providing judicial services under this chapter and chapter 71.34 RCW as defined in RCW 71.05.730 . The assessment shall include a review and analysis of the reasons for differences in costs among counties. The assessment shall be conducted for any county in which more than twenty civil commitment cases were conducted during the year prior to the study. The assessment must be completed by June 1, 2012. (2) The administrative office of the courts, the authority, and the department of social and health services shall provide the joint legislative audit and review committee with assistance and data required to complete the assessment. (3) The joint legislative audit and review committee shall present recommendations as to methods for updating the costs identified in the assessment to reflect changes over time.
RCW 71.24.480 — Washington Code / Title 71 / Chapter 24 / Section 480
RCW 71.24.480: Reentry community services program—Limitation on liability due to treatment—Reporting requirements.
Status: in_force

(1) A licensed or certified behavioral health agency acting in the course of the agency's duties under this chapter and its individual employees are not liable for civil damages resulting from the injury or death of another caused by a participant in the reentry community services program who is a client of the agency, unless the act or omission of the agency or employee constitutes: (a) Gross negligence; (b) Willful or wanton misconduct; or (c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims. (2) In addition to any other requirements to report violations, the licensed or certified behavioral health agency shall report a reentry community services program participant's expressions of intent to harm or other predatory behavior, regardless of whether there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment. (3) A licensed or certified behavioral health agency's mere act of treating a participant in the reentry community services program is not negligence. Nothing in this subsection alters the licensed or certified behavioral health agency's normal duty of care with regard to the client. (4) The limited liability provided by this section applies only to the conduct of licensed or certified behavioral health agencies and their employees and does not apply to conduct of the state. (5) For purposes of this section, "participant in the reentry community services program" means a person who has been identified under RCW 72.09.370 as a person who: (a) Is reasonably believed to present a danger to himself or herself or others if released to the community without supportive services; and (b) has a mental disorder.
RCW 71.40.020 — Washington Code / Title 71 / Chapter 40 / Section 020
RCW 71.40.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Behavioral health provider or facility" means: (a) A behavioral health provider, as defined in RCW 71.24.025 , to the extent it provides behavioral health services; (b) A licensed or certified behavioral health agency, as defined in RCW 71.24.025 ; (c) A long-term care facility, as defined in RCW 43.190.020 , in which adults or children with behavioral health conditions reside; (d) A state hospital, as defined in RCW 72.23.010 ; or (e) A facility or agency that receives funds from the state to provide behavioral health treatment services to adults or children with a behavioral health condition. (2) "Contracting advocacy organization" means the organization selected by the office pursuant to RCW 71.40.030 . (3) "Department" means the department of commerce. (4) "Office" means the state office of behavioral health consumer advocacy.
RCW 71.24.530 — Washington Code / Title 71 / Chapter 24 / Section 530
RCW 71.24.530: Local funding and donative funding requirements—Facilities, plans, programs.
Status: in_force

Except as provided in this chapter, the director shall not approve any substance use disorder facility, plan, or program for financial assistance under RCW 71.24.520 unless at least ten percent of the amount spent for the facility, plan, or program is provided from local public or private sources. When deemed necessary to maintain public standards of care in the substance use disorder facility, plan, or program, the director may require the substance use disorder facility, plan, or program to provide up to fifty percent of the total spent for the program through fees, gifts, contributions, or volunteer services. The director shall determine the value of the gifts, contributions, and volunteer services.
RCW 71.06.020 — Washington Code / Title 71 / Chapter 06 / Section 020
RCW 71.06.020: Sexual psychopaths—Petition.
Status: in_force

Where any person is charged in the superior court in this state with a sex offense and it appears that such person is a sexual psychopath, the prosecuting attorney may file a petition in the criminal proceeding, alleging that the defendant is a sexual psychopath and stating sufficient facts to support such allegation. Such petition must be filed and served on the defendant or his or her attorney at least ten days prior to hearing on the criminal charge.
RCW 71.05.338 — Washington Code / Title 71 / Chapter 05 / Section 338
RCW 71.05.338: Assertion of jurisdiction or authority over tribes prohibited.
Status: in_force

Nothing in this chapter may be read as an assertion of state jurisdiction or regulatory authority over a tribe.
RCW 71A.10.050 — Washington Code / Title 71A / Chapter 10 / Section 050
RCW 71A.10.050: Appeal of department actions—Right to.
Status: in_force

(1) An applicant or recipient or former recipient of a developmental disabilities service under this title from the department of social and health services has the right to appeal the following department actions: (a) A denial of an application for eligibility under RCW 71A.16.040 ; (b) An unreasonable delay in acting on an application for eligibility, for a service, or for an alternative service under RCW 71A.18.040 ; (c) A denial, reduction, or termination of a service; (d) A claim that the person owes a debt to the state for an overpayment; (e) A disagreement with an action of the secretary under RCW 71A.10.060 or 71A.10.070 ; (f) A decision to return a resident of an [a] habilitation center to the community; and (g) A decision to change a person's placement from one category of residential services to a different category of residential services. The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. (2) This subsection applies only to an adjudicative proceeding in which the department action appealed is a decision to return a resident of a habilitation center to the community. The resident or his or her representative may appeal on the basis of whether the specific placement decision is in the best interests of the resident. When the resident or his or her representative files an application for an adjudicative proceeding under this section the department has the burden of proving that the specific placement decision is in the best interests of the resident. (3) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060 . The notice must include a statement advising the recipient of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice of a decision to return a resident of a habilitation center to the community under RCW 71A.20.080 must also include a statement advising the recipient of the right to file a petition for judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW.
RCW 71.24.587 — Washington Code / Title 71 / Chapter 24 / Section 587
RCW 71.24.587: Opioid use disorder treatment—Possession or use of lawfully prescribed medication—Declaration by state.
Status: in_force

The state declares that a person lawfully possessing or using lawfully prescribed medication for the treatment of opioid use disorder must be treated the same in judicial and administrative proceedings as a person lawfully possessing or using other lawfully prescribed medications.
RCW 71A.14.050 — Washington Code / Title 71A / Chapter 14 / Section 050
RCW 71A.14.050: Services to community may be required.
Status: in_force

The department may require by rule that in order to be eligible for state funds, the county and the developmental disability board shall provide the following indirect services to the community: (1) Serve as an informational and referral agency within the community for persons with developmental disabilities and their families; (2) Coordinate all local services for persons with developmental disabilities and their families to insure the maximum utilization of all available services; (3) Prepare comprehensive plans for present and future development of services and for reasonable progress toward the coordination of all local services to persons with developmental disabilities.
RCW 71.36.025 — Washington Code / Title 71 / Chapter 36 / Section 025
RCW 71.36.025: Elements of a children's mental health system.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2429-S2.SL ) ***

(1) It is the goal of the legislature that the children's mental health system in Washington state include the following elements: (a) A continuum of services from early identification, intervention, and prevention through crisis intervention and inpatient treatment, including peer support and parent mentoring services; (b) Equity in access to services for similarly situated children, including children with co-occurring disorders; (c) Developmentally appropriate, high quality, and culturally competent services available statewide; (d) Treatment of each child in the context of his or her family and other persons that are a source of support and stability in his or her life; (e) A sufficient supply of qualified and culturally competent children's mental health providers; (f) Use of developmentally appropriate evidence-based and research-based practices; (g) Integrated and flexible services to meet the needs of children who, due to mental illness or emotional or behavioral disturbance, are at risk of out-of-home placement or involved with multiple child-serving systems. (2) The effectiveness of the children's mental health system shall be determined through the use of outcome-based performance measures. The health care authority and the evidence-based practice institute established in RCW 71.24.061 , in consultation with parents, caregivers, youth, behavioral health administrative services organizations, managed care organizations contracted with the authority under chapter 74.09 RCW, mental health services providers, health plans, primary care providers, tribes, and others, shall develop outcome-based performance measures such as: (a) Decreased emergency room utilization; (b) Decreased psychiatric hospitalization; (c) Lessening of symptoms, as measured by commonly used assessment tools; (d) Decreased out-of-home placement, including residential, group, and foster care, and increased stability of such placements, when necessary; (e) Decreased runaways from home or residential placements; (f) Decreased rates of substance use disorder; (g) Decreased involvement with the juvenile justice system; (h) Improved school attendance and performance; (i) Reductions in school or child care suspensions or expulsions; (j) Reductions in use of prescribed medication where cognitive behavioral therapies are indicated; (k) Improved rates of high school graduation and employment; and (l) Decreased use of mental health services upon reaching adulthood for mental disorders other than those that require ongoing treatment to maintain stability. Performance measure reporting for children's mental health services should be integrated into existing performance measurement and reporting systems developed and implemented under chapter 71.24 RCW.
RCW 71.24.912 — Washington Code / Title 71 / Chapter 24 / Section 912
RCW 71.24.912: Work group—Systems, policies, and processes related to intake, screening, and assessment for substance use disorders.
Status: in_force

(1) The authority shall convene a work group to recommend changes to systems, policies, and processes related to intake, screening, and assessment for substance use disorder services, with the goal to broaden the workforce capable of administering substance use disorder assessments and to make the assessment process as brief as possible, including only what is necessary to manage utilization and initiate care. The assessment shall be low barrier, person-centered, and amenable to administration in diverse health care settings and by a range of health care professionals. The assessment shall consider the person's self-identified needs and preferences when evaluating direction of treatment and may include different components based on the setting, context, and past experience with the client. (2) The work group must include care providers, payors, people who use drugs, individuals in recovery from substance use disorder, and other individuals recommended by the authority. The work group shall present its recommendations to the governor and appropriate committees of the legislature by December 1, 2024.
RCW 71A.26.010 — Washington Code / Title 71A / Chapter 26 / Section 010
RCW 71A.26.010: Minimum rights.
Status: in_force

The rights set forth in this chapter are the minimal rights guaranteed to all clients of the administration, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.
RCW 71.34.380 — Washington Code / Title 71 / Chapter 34 / Section 380
RCW 71.34.380: Department, department of health, and authority to adopt rules to effectuate chapter.
Status: in_force

(1) The department, department of health, and the authority shall adopt such rules pursuant to chapter 34.05 RCW as may be necessary to effectuate the intent and purposes of this chapter. (2) The authority shall evaluate the quality, effectiveness, efficiency, and use of services, procedures and standards for commitment, and establish criteria and procedures for placement and transfer of committed minors. (3) The department of health shall regulate the evaluation and treatment facilities and programs. (4) The department shall operate and maintain the child study and treatment center.
RCW 71A.24.010 — Washington Code / Title 71A / Chapter 24 / Section 010
RCW 71A.24.010: Role of department—Eligibility.
Status: in_force

(1) To the extent funding is appropriated for this purpose, intensive behavior support services may be provided by the department, directly or by contract, to children who have developmental disabilities and intense behaviors and to their families. (2) The department shall be the lead administrative agency for children's intensive behavior support services and shall: (a) Collaborate with appropriate parties to develop and implement the intensive in-home support services program within the division of developmental disabilities; (b) Use best practices and evidence-based practices; (c) Provide coordination and planning for the implementation and expansion of intensive in-home services; (d) Contract for the provision of intensive in-home and planned out-of-home services; (e) Monitor and evaluate services to determine whether the program meets standards identified in the service contracts; (f) Collect data regarding the number of families served, and costs and outcomes of the program; (g) Adopt appropriate rules to implement the program; (h) License out-of-home respite placements on a timely basis; and (i) Maintain an appropriate staff-to-client ratio. (3) A child may receive intensive behavior support services when the department has determined that: (a) The child is under the age of twenty-one; (b) The child has a developmental disability and has been determined eligible for these services; (c) The child/family acuity scores are high enough in the assessment conducted by the division of developmental disabilities to indicate the child's behavior puts the child or family at significant risk or is very likely to require an out-of-home placement; (d) The child meets eligibility for the home and community-based care waiver; (e) The child resides in his or her family home or is in an out-of-home placement; and (f) The family agrees to participate in the program and complete the care and support steps outlined in the completed individual support plan.
RCW 71.34.610 — Washington Code / Title 71 / Chapter 34 / Section 610
RCW 71.34.610: Authority's review of medical necessity of inpatient treatment of adolescent admitted to a facility due to parental request—Required considerations in making determination—Procedures for release—At-risk youth petition—Costs—Public funds.
Status: in_force

(1) The authority shall assure that, for any adolescent admitted to inpatient treatment under RCW 71.34.600 , a review is conducted by a physician or other mental health professional who is employed by the authority, or an agency under contract with the authority, and who neither has a financial interest in continued inpatient treatment of the adolescent nor is affiliated with the facility providing the treatment. (a) For adolescents receiving inpatient treatment, the physician or other mental health professional shall conduct the review not less than seven nor more than fourteen days following the date the adolescent was brought to the facility under RCW 71.34.600 to determine whether it is a medical necessity to continue the adolescent's treatment on an inpatient basis. (b) For adolescents receiving inpatient treatment in a residential treatment facility, the physician or other mental health professional shall conduct an additional medical necessity review every thirty days after the initial review while the adolescent remains in treatment under RCW 71.34.600 . (2) In making a determination under subsection (1) of this section, the authority shall consider the opinion of the treatment provider, the safety of the adolescent, and the likelihood the adolescent's mental health will deteriorate if released from inpatient treatment. The authority shall consult with the parent in advance of making its determination. (3) If, after any review conducted by the authority under this section, the authority determines it is no longer a medical necessity for an adolescent to receive inpatient treatment, the authority shall immediately notify the parents and the facility. The facility shall release the adolescent to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the adolescent to remain in inpatient treatment, the adolescent shall be released to the parent on the second judicial day following the authority's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the authority determines it is a medical necessity for the adolescent to receive outpatient treatment and the adolescent declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition. (4) If the evaluation conducted under RCW 71.34.600 is done by the authority, the reviews required by subsection (1) of this section shall be done by contract with an independent agency. (5) The authority may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The authority may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. (6) In addition to the review required under this section, the authority may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds. (7) The authority shall communicate review findings under this section with the appropriate medicaid managed care organization contracted by the authority. (8) Nothing in this section prohibits a managed care organization from conducting medical necessity reviews according to appropriate guidelines based on the level of care being referred to and consistent with the billing guide from the authority.
RCW 71A.12.360 — Washington Code / Title 71A / Chapter 12 / Section 360
RCW 71A.12.360: Duty to track, monitor, and make available certain deidentified information about clients taken or admitted to a hospital—Notification by provider required.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the developmental disabilities administration of the department of social and health services shall track and monitor the following items and make the deidentified information available to the office of the developmental disabilities ombuds created in RCW 43.382.005 , the legislature, the Washington state hospital association, and the public upon request: (a) Information about clients receiving services from a provider who are taken or admitted to a hospital. This includes: (i) The number of clients who are taken or admitted to a hospital for services without a medical need; (ii) The number of clients who are taken or admitted to a hospital with a medical need, but are unable to discharge once the medical need is met; (iii) Each client's length of hospital stay for nonmedical purposes; (iv) The reason each client was unable to be discharged from a hospital once the client's medical need was met; (v) The location, including the type of provider, where each client was before being taken or admitted to a hospital; and (vi) The location where each client is discharged. (b) Information about clients who are taken or admitted to a hospital once the client's provider terminates services. This includes: (i) The number of clients who are taken or admitted to a hospital for services without a medical need; (ii) The number of clients who are taken or admitted to a hospital with a medical need, but are unable to discharge once the medical need is met; (iii) Each client's length of hospital stay for nonmedical purposes; (iv) The reason each client was unable to be discharged from a hospital once the client's medical need was met; (v) For each client, the reason the provider terminated services; (vi) The location, including the type of provider, where each client was before being taken or admitted to a hospital; and (vii) The location where each client is discharged. (2) A provider must notify the department when a client is taken or admitted to a hospital for services without a medical need and when a client is taken or admitted to a hospital with a medical need but is unable to discharge back to the provider, so that the department may track and collect data as required under subsection (1) of this section. (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Hospital" means a facility licensed under chapter 70.41 or 71.12 RCW. (b) "Provider" means a certified residential services and support program that contracts with the developmental disabilities administration of the department of social and health services to provide services to administration clients. "Provider" also includes the state-operated living alternatives program operated by the administration.
RCW 71.24.400 — Washington Code / Title 71 / Chapter 24 / Section 400
RCW 71.24.400: Streamlining delivery system—Finding.
Status: in_force

The legislature finds that the current complex set of federal, state, and local rules and regulations, audited and administered at multiple levels, which affect the community mental health service delivery system, focus primarily on the process of providing mental health services and do not sufficiently address consumer and system outcomes. The legislature finds that the authority and the community mental health service delivery system must make ongoing efforts to achieve the purposes set forth in RCW 71.24.015 related to reduced administrative layering, duplication, elimination of process measures not specifically required by the federal government for the receipt of federal funds, and reduced administrative costs.
RCW 71.12.510 — Washington Code / Title 71 / Chapter 12 / Section 510
RCW 71.12.510: Examination and visitation in general.
Status: in_force

The department of health may at any time cause any establishment as defined in this chapter to be visited and examined.
RCW 71.05.212 — Washington Code / Title 71 / Chapter 05 / Section 212
RCW 71.05.212: Evaluation—Consideration of information and records.
Status: in_force

(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding: (a) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (b) Historical behavior, including history of one or more violent acts; (c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and (d) Prior commitments under this chapter. (2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness. (3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when: (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts; (b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and (c) Without treatment, the continued deterioration of the respondent is probable. (4) When conducting an evaluation for offenders identified under RCW 72.09.370 , the designated crisis responder or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement. (5) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission for Washington state, shall establish written guidelines by December 31, 2024, for conducting culturally appropriate evaluations of American Indians or Alaska Natives.
RCW 71.32.140 — Washington Code / Title 71 / Chapter 32 / Section 140
RCW 71.32.140: Refusal of admission to inpatient treatment—Effect of directive.
Status: in_force

(1) A principal who: (a) Chose not to be able to revoke his or her directive during any period of incapacity; (b) Consented to voluntary admission to inpatient behavioral health treatment, or authorized an agent to consent on the principal's behalf; and (c) At the time of admission to inpatient treatment, refuses to be admitted, may only be admitted into inpatient behavioral health treatment under subsection (2) of this section. (2) A principal may only be admitted to inpatient behavioral health treatment under his or her directive if, prior to admission, a member of the treating facility's professional staff who is a physician, physician assistant, or psychiatric advanced registered nurse practitioner: (a) Evaluates the principal's mental condition, including a review of reasonably available psychiatric and psychological history, diagnosis, and treatment needs, and determines, in conjunction with another health care provider, mental health professional, or substance use disorder professional, that the principal is incapacitated; (b) Obtains the informed consent of the agent, if any, designated in the directive; (c) Makes a written determination that the principal needs an inpatient evaluation or is in need of inpatient treatment and that the evaluation or treatment cannot be accomplished in a less restrictive setting; and (d) Documents in the principal's medical record a summary of the physician's, physician assistant's, or psychiatric advanced registered nurse practitioner's findings and recommendations for treatment or evaluation. (3) In the event the admitting physician is not a psychiatrist, the admitting physician assistant is not working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010 , or the *advanced registered nurse practitioner is not a psychiatric advanced registered nurse practitioner, the principal shall receive a complete behavioral health assessment by a mental health professional or substance use disorder professional within 24 hours of admission to determine the continued need for inpatient evaluation or treatment. (4)(a) If it is determined that the principal has capacity, then the principal may only be admitted to, or remain in, inpatient treatment if he or she consents at the time, is admitted for family-initiated treatment under chapter 71.34 RCW, or is detained under the involuntary treatment provisions of chapter 71.05 or 71.34 RCW. (b) If a principal who is determined by two health care providers or one mental health professional or substance use disorder professional and one health care provider to be incapacitated continues to refuse inpatient treatment, the principal may immediately seek injunctive relief for release from the facility. (5) If, at the end of the period of time that the principal or the principal's agent, if any, has consented to voluntary inpatient treatment, but no more than 14 days after admission, the principal has not regained capacity or has regained capacity but refuses to consent to remain for additional treatment, the principal must be released during reasonable daylight hours, unless detained under chapter 71.05 or 71.34 RCW. (6)(a) Except as provided in (b) of this subsection, any principal who is voluntarily admitted to inpatient behavioral health treatment under this chapter shall have all the rights provided to individuals who are voluntarily admitted to inpatient treatment under chapter 71.05 , 71.34, or 72.23 RCW. (b) Notwithstanding RCW 71.05.050 regarding consent to inpatient treatment for a specified length of time, the choices an incapacitated principal expressed in his or her directive shall control, provided, however, that a principal who takes action demonstrating a desire to be discharged, in addition to making statements requesting to be discharged, shall be discharged, and no principal shall be restrained in any way in order to prevent his or her discharge. Nothing in this subsection shall be construed to prevent detention and evaluation for civil commitment under chapter 71.05 RCW. (7) Consent to inpatient admission in a directive is effective only while the professional person, health care provider, and health care facility are in substantial compliance with the material provisions of the directive related to inpatient treatment.
RCW 71.32.170 — Washington Code / Title 71 / Chapter 32 / Section 170
RCW 71.32.170: Providers—Immunity from liability—Conditions.
Status: in_force

(1) For the purposes of this section, "provider" means a private or public agency, government entity, health care provider, professional person, health care facility, or person acting under the direction of a health care provider or professional person, health care facility, or long-term care facility. (2) A provider is not subject to civil liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence: (a) The provider provides treatment to a principal in the absence of actual knowledge of the existence of a directive, or provides treatment pursuant to a directive in the absence of actual knowledge of the revocation of the directive; (b) A health care provider or mental health professional determines that the principal is or is not incapacitated for the purpose of deciding whether to proceed according to a directive, and acts upon that determination; (c) The provider administers or does not administer behavioral health treatment according to the principal's directive in good faith reliance upon the validity of the directive and the directive is subsequently found to be invalid; (d) The provider does not provide treatment according to the directive for one of the reasons authorized under RCW 71.32.150 ; or (e) The provider provides treatment according to the principal's directive.
RCW 71.24.580 — Washington Code / Title 71 / Chapter 24 / Section 580
RCW 71.24.580: Criminal justice treatment account.
Status: in_force

(1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance use disorder treatment and treatment support services for offenders with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state; (b) the provision of substance use disorder treatment services and treatment support services for nonviolent offenders within a drug court program and for 180 days following graduation from the drug court program; and (c) the administrative and overhead costs associated with the operation of a drug court. Amounts provided in this subsection must be used for treatment and recovery support services for criminally involved offenders and authorization of these services shall not be subject to determinations of medical necessity. Moneys in the account may be spent only after appropriation. (2) For purposes of this section: (a) "Treatment" means services that are critical to a participant's successful completion of his or her substance use disorder treatment program, including but not limited to the recovery support and other programmatic elements outlined in RCW 2.30.030 authorizing therapeutic courts; and (b) "Treatment support" includes transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions. (3) Revenues to the criminal justice treatment account consist of: (a) Funds transferred to the account pursuant to this section; and (b) any other revenues appropriated to or deposited in the account. (4)(a) For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an annual basis by the implicit price deflator as published by the federal bureau of labor statistics. (b) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (a) of this subsection to the department for the purposes of subsection (5) of this section. (5) Moneys appropriated to the authority from the criminal justice treatment account shall be distributed as specified in this subsection. The authority may retain up to three percent of the amount appropriated under subsection (4)(b) of this section for its administrative costs. (a) Seventy percent of amounts appropriated to the authority from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The authority, in consultation with the department of corrections, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance use disorder treatment providers, and any other person deemed by the authority to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County or regional plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection. (b) Thirty percent of the amounts appropriated to the authority from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The authority shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, the Washington state association of drug court professionals, and substance use disorder treatment providers. The panel shall review county or regional plans for funding under (a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide. (6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior court, a substance abuse treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court shall jointly submit a plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The submitted plan should incorporate current evidence-based practices in substance use disorder treatment. The funds shall be used solely to provide approved alcohol and substance use disorder treatment pursuant to RCW 71.24.560 and treatment support services. No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent for treatment support services. (7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of treatment under this section. (8) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment. (9) If a region or county uses criminal justice treatment account funds to support a therapeutic court, the therapeutic court must allow the use of all medications approved by the federal food and drug administration for the treatment of opioid use disorder as deemed medically appropriate for a participant by a medical professional. If appropriate medication-assisted treatment resources are not available or accessible within the jurisdiction, the health care authority's designee for assistance must assist the court with acquiring the resource. (10) Counties must meet the criteria established in RCW 2.30.030 (3). (11) The authority shall annually review and monitor the expenditures made by any county or group of counties that receives appropriated funds distributed under this section. Counties shall repay any funds that are not spent in accordance with the requirements of its contract with the authority. (12) During the 2025-2027 fiscal biennium, the legislature may appropriate moneys from the criminal justice treatment account to provide access to medications for opioid use disorders and alcohol use disorders to individuals in city, county, regional, and tribal jails, and for short-term housing vouchers for individuals with substance use disorders that may also interact with the criminal justice system. Appropriations made under this subsection are not subject to the distribution methodology or other requirements and limitations outlined in subsection (1) through subsection (11) of this section. It is the intent of the legislature to continue this policy in subsequent fiscal biennia.
RCW 71.34.351 — Washington Code / Title 71 / Chapter 34 / Section 351
RCW 71.34.351: Delivery of minor to treatment facilities.
Status: in_force

A peace officer may take or authorize a minor to be taken into custody and immediately delivered to an appropriate crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or the emergency department of a local hospital when he or she has reasonable cause to believe that such minor is suffering from a behavioral health disorder and presents an imminent likelihood of serious harm or is gravely disabled. Until July 1, 2026, a peace officer's delivery of a minor to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program is subject to the availability of a secure withdrawal management and stabilization facility or approved substance use disorder treatment program with adequate space for the minor.
RCW 71.40.130 — Washington Code / Title 71 / Chapter 40 / Section 130
RCW 71.40.130: Intent.
Status: in_force

It is the intent of the legislature that: (1) Regional behavioral health ombuds programs existing prior to chapter 202, Laws of 2021 be integrated into this new statewide program and the ombuds from those programs be assessed and certified by the contracting advocacy organization as behavioral health consumer advocates, and for the state office of behavioral health consumer advocacy to provide the regional behavioral health ombuds programs with any additional training they may need to meet the requirements of RCW 71.40.050 ; (2) There shall be a behavioral health consumer advocate office within the boundaries of the region served by each behavioral health administrative services organization; (3) Federal medicaid requirements be complied with; and (4) The department annually expend at least the amount expended on regional behavioral health ombuds services prior to July 25, 2021, on the office and for the procurement of services from the contracting advocacy organization under this chapter.
RCW 71.05.595 — Washington Code / Title 71 / Chapter 05 / Section 595
RCW 71.05.595: Less restrictive alternative treatment order—Termination.
Status: in_force

A court order for less restrictive alternative treatment for a person found to be in need of assisted outpatient treatment must be terminated prior to the expiration of the order when, in the opinion of the professional person in charge of the less restrictive alternative treatment provider, (1) the person is prepared to accept voluntary treatment, or (2) the outpatient treatment ordered is no longer necessary to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.
RCW 71.32.210 — Washington Code / Title 71 / Chapter 32 / Section 210
RCW 71.32.210: Execution of directive not evidence of behavioral health disorder or lack of capacity.
Status: in_force

The fact that a person has executed a directive does not constitute an indication of behavioral health disorder or that the person is not capable of providing informed consent.
RCW 71A.20.080 — Washington Code / Title 71A / Chapter 20 / Section 080
RCW 71A.20.080: Return of resident to community—Notice—Adjudicative proceeding—Judicial review—Effect of appeal.
Status: in_force

(1) Whenever in the judgment of the secretary, the treatment and training of any resident of a residential habilitation center has progressed to the point that it is deemed advisable to return such resident to the community, the secretary may grant placement on such terms and conditions as the secretary may deem advisable after consultation in the manner provided in RCW 71A.10.070 . The secretary shall give written notice of the decision to return a resident to the community as provided in RCW 71A.10.060 . The notice must include a statement advising the recipient of the right to an adjudicative proceeding under RCW 71A.10.050 and the time limits for filing an application for an adjudicative proceeding. The notice must also include a statement advising the recipient of the right to judicial review of an adverse adjudicative order as provided in chapter 34.05 RCW. (2) A placement decision shall not be implemented at any level during any period during which an appeal can be taken or while an appeal is pending and undecided, unless authorized by court order so long as the appeal is being diligently pursued.
RCW 71A.12.060 — Washington Code / Title 71A / Chapter 12 / Section 060
RCW 71A.12.060: Payment authorized for residents in community residential programs.
Status: in_force

The secretary is authorized to pay for all or a portion of the costs of care, support, and training of residents of a residential habilitation center who are placed in community residential programs under this section and RCW 71A.12.070 and 71A.12.080 .
RCW 71.09.295 — Washington Code / Title 71 / Chapter 09 / Section 295
RCW 71.09.295: Transition facilities—Security systems.
Status: in_force

(1) Security systems for all secure community transition facilities shall meet the following minimum qualifications: (a) The security panel must be a commercial grade panel with tamper-proof switches and a key-lock to prevent unauthorized access. (b) There must be an emergency electrical supply system which shall include a battery backup system and a generator. (c) The system must include personal panic devices for all staff. (d) The security system must be capable of being monitored and signaled either by telephone through either a land or cellular telephone system or by private radio network in the event of a total dial-tone failure or through equivalent technologies. (e) The department shall issue photo-identification badges to all staff which must be worn at all times. (2) Security systems for the secure community transition facility established pursuant to RCW 71.09.250 (1) shall also include a fence and provide the maximum protection appropriate in a civil facility for persons in less than total confinement.
RCW 71.24.535 — Washington Code / Title 71 / Chapter 24 / Section 535
RCW 71.24.535: Duties of authority.
Status: in_force

The authority shall: (1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes; (2) Assure that any contract with a managed care organization for behavioral health services or programs for the treatment of persons with substance use disorders and their families provides medically necessary services to medicaid recipients. This must include a continuum of mental health and substance use disorder services consistent with the state's medicaid plan or federal waiver authorities, and nonmedicaid services consistent with priorities established by the authority; (3) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and drug addiction, and treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons; (4) Cooperate with public and private agencies in establishing and conducting programs to provide treatment for persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons who are clients of the correctional system; (5) Cooperate with the superintendent of public instruction, state board of education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of substance use disorders, treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education; (6) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol and other psychoactive chemicals and the consequences of their use; (7) Develop and implement, as an integral part of substance use disorder treatment programs, an educational program for use in the treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol and other psychoactive chemicals, the consequences of their use, the principles of recovery, and HIV and AIDS; (8) Organize and foster training programs for persons engaged in treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons; (9) Sponsor and encourage research into the causes and nature of substance use disorders, treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, and serve as a clearinghouse for information relating to substance use disorders; (10) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment; (11) Advise the governor in the preparation of a comprehensive plan for treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons for inclusion in the state's comprehensive health plan; (12) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to substance use disorders; (13) Assist in the development of, and cooperate with, programs for substance use disorder education and treatment for employees of state and local governments and businesses and industries in the state; (14) Use the support and assistance of interested persons in the community to encourage persons with substance use disorders voluntarily to undergo treatment; (15) Cooperate with public and private agencies in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated; (16) Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and to provide them with adequate and appropriate treatment; (17) Encourage all health and disability insurance programs to include substance use disorders as a covered illness; and (18) Organize and sponsor a statewide program to help court personnel, including judges, better understand substance use disorders and the uses of substance use disorder treatment programs and medications.
RCW 71.24.894 — Washington Code / Title 71 / Chapter 24 / Section 894
RCW 71.24.894: National 988 system—Department reporting—Audit.
Status: in_force

(1) The department and authority shall provide an annual report regarding the usage of the 988 crisis hotline, call outcomes, and the provision of crisis services inclusive of mobile rapid response crisis teams and crisis stabilization services. The report shall be submitted to the governor and the appropriate committees of the legislature each November beginning in 2023. The report shall include information on the fund deposits and expenditures of the account created in RCW 82.86.050 . (2) The department and authority shall coordinate with the department of revenue, and any other agency that is appropriated funding under the account created in RCW 82.86.050 , to develop and submit information to the federal communications commission required for the completion of fee accountability reports pursuant to the national suicide hotline designation act of 2020. (3) The joint legislative audit and review committee shall schedule an audit to begin after the full implementation of chapter 302, Laws of 2021, to provide transparency as to how funds from the statewide 988 behavioral health crisis response and suicide prevention line account have been expended, and to determine whether funds used to provide acute behavioral health, crisis outreach, and stabilization services are being used to supplement services identified as baseline services in the comprehensive analysis provided under RCW 71.24.892 , or to supplant baseline services. The committee shall provide a report by November 1, 2027, which includes recommendations as to the adequacy of the funding provided to accomplish the intent of the act and any other recommendations for alteration or improvement.
RCW 71.09.275 — Washington Code / Title 71 / Chapter 09 / Section 275
RCW 71.09.275: Transition facility—Transportation of residents.
Status: in_force

(1) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250 (1) between McNeil Island and the mainland, the department shall: (a) Separate residents from minors and vulnerable adults, except vulnerable adults who have been found to be sexually violent predators. (b) Not transport residents during times when children are normally coming to and from the mainland for school. (2) The department shall designate a separate waiting area at the points of debarkation, and residents shall be required to remain in this area while awaiting transportation. (3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure community transition facility established pursuant to RCW 71.09.250 (1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are regularly transported, with a copy of the court's order of conditional release with respect to these persons.
RCW 71.05.760 — Washington Code / Title 71 / Chapter 05 / Section 760
RCW 71.05.760: Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.
Status: in_force

(1)(a) The authority or its designee shall provide training to the designated crisis responders. (b)(i) To qualify as a designated crisis responder, a person must have received substance use disorder training as determined by the authority and be a: (A) Mental health professional with an advanced degree; (B) Person who meets the waiver criteria of RCW 71.24.260 , which waiver was granted before 1986; or (C) Person who had an approved waiver to perform the duties of a mental health professional that was requested by the regional support network and granted by the department of social and health services before July 1, 2001. (ii) Training must include training specific to the duties of a designated crisis responder, including diagnosis of substance abuse and dependence and assessment of risk associated with substance use. (2)(a) The authority must ensure that at least one sixteen-bed secure withdrawal management and stabilization facility is operational by April 1, 2018, and that at least two sixteen-bed secure withdrawal management and stabilization facilities are operational by April 1, 2019. (b) If, at any time during the implementation of secure withdrawal management and stabilization facility capacity, federal funding becomes unavailable for federal match for services provided in secure withdrawal management and stabilization facilities, then the authority must cease any expansion of secure withdrawal management and stabilization facilities until further direction is provided by the legislature.
RCW 71A.12.260 — Washington Code / Title 71A / Chapter 12 / Section 260
RCW 71A.12.260: Community protection program—Less restrictive residential placement.
Status: in_force

*** CHANGE IN 2026 *** (SEE 1390-S.SL ) ***

A participant who demonstrates success in complying with reduced restrictions and remains free of offenses that may indicate a relapse for at least twelve months, may be considered for placement in a less restrictive community residential setting. The process to move a participant to a less restrictive residential placement shall include, at a minimum: (1) Written verification of the person's treatment progress, compliance with reduced restrictions, an assessment of low risk of reoffense, and a recommendation as to suitable placement by the treatment team; (2) Development of a gradual phase-out plan by the treatment team, projected over a reasonable period of time and includes specific criteria for evaluating reductions in restrictions, especially supervision; (3) The absence of any incidents that may indicate relapse for a minimum of twelve months; (4) A written plan that details what supports and services, including the level of supervision the person will receive from the division upon exiting the community protection program; (5) An assessment consistent with the guidelines for risk assessments and psychosexual evaluations developed by the division, conducted by a qualified professional. At a minimum, the assessment shall include: (a) An evaluation of the participant's risk of reoffense and/or dangerousness; and (b) An opinion as to whether or not the person can be managed successfully in a less restrictive community residential setting; (6) Recommendation by the treatment team that the participant is ready to move to a less restrictive community residential placement.
RCW 71.24.922 — Washington Code / Title 71 / Chapter 24 / Section 922
RCW 71.24.922: Certified peer support specialists—Supervision caseload reduction.
Status: in_force

Behavioral health agencies must reduce the caseload for approved supervisors who are providing supervision to certified peer support specialist trainees seeking certification under chapter 18.420 RCW.
RCW 71A.20.120 — Washington Code / Title 71A / Chapter 20 / Section 120
RCW 71A.20.120: Financial responsibility.
Status: in_force

The subject of financial responsibility for the provision of services to persons in residential habilitation centers is covered by RCW 43.20B.410 through 43.20B.455 .
RCW 71.05.170 — Washington Code / Title 71 / Chapter 05 / Section 170
RCW 71.05.170: Acceptance of petition—Notice—Duty of state hospital.
Status: in_force

Whenever the designated crisis responder petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the facility providing one hundred twenty hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility shall then evaluate the person's condition and admit, detain, transfer, or discharge such person in accordance with RCW 71.05.210 . The facility shall notify in writing the court and the designated crisis responder of the date and time of the initial detention of each person involuntarily detained in order that a probable cause hearing shall be held no later than one hundred twenty hours after detention. The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW.
RCW 71.05.290 — Washington Code / Title 71 / Chapter 05 / Section 290
RCW 71.05.290: Petition for additional commitment—Affidavit.
Status: in_force

(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280 . (2)(a)(i) The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by: (A) One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and (B) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional. (ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an *advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner. (b) The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services. (3) If a person has been determined to be incompetent pursuant to **RCW 10.77.645 (7), then the professional person in charge of the treatment facility or his or her professional designee or the designated crisis responder may directly file a petition for 180-day treatment under RCW 71.05.280 (3), or for 90-day treatment under RCW 71.05.280 (1), (2), or (4). No petition for initial detention or 14-day detention is required before such a petition may be filed.
RCW 71.24.908 — Washington Code / Title 71 / Chapter 24 / Section 908
RCW 71.24.908: Data integration platform to support diversion efforts—Development and implementation—Exempt from public disclosure.
Status: in_force

(1) The authority must develop and implement a data integration platform by June 30, 2025, to support recovery navigator programs, law enforcement assisted diversion programs, arrest and jail alternative programs, and similar diversion efforts. The data integration platform shall: (a) Serve as a statewide common database available for tracking diversion efforts across the state; (b) Serve as a data collection and management tool for practitioners, allowing practitioners to input data and information relating to the utilization and outcomes of pretrial diversions, including whether such diversions were terminated, were successfully completed and resulted in dismissal, or are still ongoing; (c) Assist in standardizing definitions and practices; and (d) Track pretrial diversion participants by race, ethnicity, gender, gender expression or identity, disability status, and age. (2) If possible, the authority must leverage and interact with existing platforms already in use in efforts funded by the authority. The authority must establish a quality assurance process for behavioral health administrative services organizations and employ data validation for fields in the data collection workbook. The authority must engage and consult with the law enforcement assisted diversion national support bureau on data integration approaches, platforms, quality assurance protocols, and validation practices. (3) Information submitted to the data integration platform is exempt from public disclosure requirements under chapter 42.56 RCW.