RCW 71.24.898 — Washington Code / Title 71 / Chapter 24 / Section 898
RCW 71.24.898: National 988 system—Technical and operational plan.
Status: in_force

For the purpose of development and implementation of technology and platforms by the department and the authority under RCW 71.24.890 , the department and the authority shall create a sophisticated technical and operational plan. The plan shall not conflict with, nor delay, the department meeting and satisfying existing 988 federal requirements that are already underway and must be met by July 16, 2022, nor is it intended to delay the initial planning phase of the project, or the planning and deliverables tied to any grant award received and allotted by the department or the authority prior to April 1, 2021. To the extent that funds are appropriated for this specific purpose, the department and the authority must contract for a consultant to critically analyze the development and implementation technology and platforms and operational challenges to best position the solutions for success. Prior to initiation of a new information technology development, which does not include the initial planning phase of this project or any contracting needed to complete the initial planning phase, the department and authority shall submit the technical and operational plan to the governor, office of financial management, steering committee of the crisis response improvement strategy committee created under RCW 71.24.892 , and appropriate policy and fiscal committees of the legislature, which shall include the committees referenced in this section. The plan must be approved by Washington technology solutions, the director of the office of financial management, and the steering committee of the crisis response improvement strategy committee, which shall consider any feedback received from the senate ways and means committee chair, the house of representatives appropriations committee chair, the senate environment, energy and technology committee chair, the senate behavioral health subcommittee chair, and the house of representatives health care and wellness committee chair, before any funds are expended for the solutions, other than those funds needed to complete the initial planning phase. A draft technical and operational plan must be submitted no later than January 1, 2022, and a final plan by August 31, 2022. The plan submitted must include, but not be limited to: (1) Data management; (2) Data security; (3) Data flow; (4) Data access and permissions; (5) Protocols to ensure staff are following proper health information privacy procedures; (6) Cybersecurity requirements and how to meet these; (7) Service level agreements by vendor; (8) Maintenance and operations costs; (9) Identification of what existing software as a service products might be applicable, to include the: (a) Vendor name; (b) Vendor offerings to include product module and functionality detail and whether each represent add-ons that must be paid separately; (c) Vendor pricing structure by year through implementation; and (d) Vendor pricing structure by year post implementation; (10) Integration limitations by system; (11) Data analytic and performance metrics to be required by system; (12) Liability; (13) Which agency will host the electronic health record software as a service; (14) Regulatory agency; (15) The timeline by fiscal year from initiation to implementation for each solution in chapter 302, Laws of 2021; (16) How to plan in a manner that ensures efficient use of state resources and maximizes federal financial participation; and (17) A complete comprehensive business plan analysis.
RCW 71.05.137 — Washington Code / Title 71 / Chapter 05 / Section 137
RCW 71.05.137: Mental health commissioners—Authority.
Status: in_force

The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135 , to perform any or all of the following duties: (1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter or *RCW 10.77.525 ; (2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter or *RCW 10.77.525 ; (3) For the purpose of this chapter, exercise all powers and perform all the duties of a court commissioner appointed pursuant to RCW 2.24.010 ; (4) Hold hearings in proceedings under this chapter or *RCW 10.77.525 and make written reports of all proceedings under this chapter or *RCW 10.77.525 which shall become a part of the record of superior court; (5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and (6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.
RCW 71.24.381 — Washington Code / Title 71 / Chapter 24 / Section 381
RCW 71.24.381: Contracting for crisis services and medically necessary physical and behavioral health services.
Status: in_force

(1) The authority shall contract with one or more behavioral health administrative services organizations to carry out the duties and responsibilities set forth in this chapter and chapter 71.05 RCW to provide crisis services to assigned regional service areas. (2) For clients eligible for medical assistance under chapter 74.09 RCW, the authority shall contract with one or more managed care organizations as set forth in RCW 71.24.380 and 74.09.871 to provide medically necessary physical and behavioral health services.
RCW 71.20.100 — Washington Code / Title 71 / Chapter 20 / Section 100
RCW 71.20.100: Expenditures of county funds subject to county fiscal laws.
Status: in_force

Expenditures of county funds under this chapter shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties.
RCW 71.09.360 — Washington Code / Title 71 / Chapter 09 / Section 360
RCW 71.09.360: Treatment of persons on conditional release by certified providers in underserved counties—Notification.
Status: in_force

To facilitate the equitable geographic distribution of conditional releases under this chapter, the department shall notify the secretary of health, or the secretary's designee, whenever a sex offender treatment provider in an underserved county has been contracted to provide treatment services to persons on conditional release under this chapter, in which case the secretary of health shall waive any fees for the initial issue, renewal, and reissuance of a credential for the provider under chapter 18.155 RCW. An underserved county is any county identified by the department as having an inadequate supply of qualified sex offender treatment providers to achieve equitable geographic distribution of conditional releases under this chapter.
RCW 71.09.040 — Washington Code / Title 71 / Chapter 09 / Section 040
RCW 71.09.040: Sexually violent predator petition—Probable cause hearing—Judicial determination—Transfer to total confinement facility upon probable cause determination.
Status: in_force

(1) Upon the filing of a petition under RCW 71.09.030 , the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made the judge shall direct that the person be taken into custody and notify the office of public defense of the potential need for representation. (2) Within seventy-two hours after a person is taken into custody pursuant to subsection (1) of this section, the court shall provide the person with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. In order to assist the person at the hearing, within twenty-four hours of service of the petition, the prosecuting agency shall provide to the person or his or her counsel a copy of all materials provided to the prosecuting agency by the referring agency pursuant to RCW 71.09.025 , or obtained by the prosecuting agency pursuant to RCW 71.09.025 (1) (c) and (d). At this hearing, the court shall (a) verify the person's identity, and (b) determine whether probable cause exists to believe that the person is a sexually violent predator. At the probable cause hearing, the state may rely upon the petition and certification for determination of probable cause filed pursuant to RCW 71.09.030 . The state may supplement this with additional documentary evidence or live testimony. The person may be held in total confinement at the county jail until the trial court renders a decision after the conclusion of the seventy-two hour probable cause hearing. The county shall be entitled to reimbursement for the cost of housing and transporting the person pursuant to rules adopted by the secretary. (3) At the probable cause hearing, the person shall have the following rights in addition to the rights previously specified: (a) To be represented by counsel , and if the person is indigent as defined in RCW 10.101.010 , to have office of public defense contracted counsel appointed as provided in RCW 10.101.020 ; (b) to present evidence on his or her behalf; (c) to cross-examine witnesses who testify against him or her; (d) to view and copy all petitions and reports in the court file. The court must permit a witness called by either party to testify by telephone. Because this is a special proceeding, discovery pursuant to the civil rules shall not occur until after the hearing has been held and the court has issued its decision. (4) If the probable cause determination is made, the judge shall direct that the person be transferred to the custody of the department of social and health services for placement in a total confinement facility operated by the department. In no event shall the person be released from confinement prior to trial.
RCW 71.34.445 — Washington Code / Title 71 / Chapter 34 / Section 445
RCW 71.34.445: Temporary detention for evaluation regarding involuntary commitment.
Status: in_force

If an adolescent is brought to or accepted at a 23-hour crisis relief center and thereafter refuses to stay voluntarily, and the professional staff of the 23-hour crisis relief center regard the adolescent as presenting as a result of a behavioral health disorder an imminent likelihood of serious harm, or presenting as an imminent danger because of grave disability, they may detain the adolescent for sufficient time to enable the designated crisis responder to complete an evaluation but for no more than 12 hours from the time the professional staff notify the designated crisis responder of the need for evaluation. If involuntary commitment criteria are met, the professional staff may authorize the adolescent being further held in custody or transported to a hospital emergency department, evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to the provisions of this chapter.
RCW 71.05.240 — Washington Code / Title 71 / Chapter 05 / Section 240
RCW 71.05.240: Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.
Status: in_force

(1) If a petition is filed for up to 14 days of involuntary treatment, 90 days of less restrictive alternative treatment, or 18 months of less restrictive alternative treatment under RCW 71.05.148 , the court shall hold a probable cause hearing within 120 hours of the initial detention under RCW 71.05.180 , or at a time scheduled under RCW 71.05.148 . (2) If the petition is for mental health treatment, the court or the prosecutor at the time of the probable cause hearing and before an order of commitment is entered shall inform the person both orally and in writing that the failure to make a good faith effort to seek voluntary treatment as provided in RCW 71.05.230 will result in the loss of his or her firearm rights if the person is subsequently detained for involuntary treatment under this section. (3) If the person or his or her attorney alleges, prior to the commencement of the hearing, that the person has in good faith volunteered for treatment, the petitioner must show, by preponderance of the evidence, that the person has not in good faith volunteered for appropriate treatment. In order to qualify as a good faith volunteer, the person must abide by procedures and a treatment plan as prescribed by a treatment facility and professional staff. (4)(a) Subject to (b) of this subsection, at the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that a person detained for behavioral health treatment, as the result of a behavioral health disorder, presents a likelihood of serious harm, or is gravely disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, the court shall order that such person be detained for involuntary treatment not to exceed 14 days in a facility licensed or certified to provide treatment by the department or under RCW 71.05.745 . (b) A court may only order commitment to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program if there is an available facility with adequate space for the person. (c) At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that a person detained for behavioral health treatment, as the result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled, but that treatment in a less restrictive setting than detention is in the best interest of such person or others, the court shall order an appropriate less restrictive alternative course of treatment for up to ninety days. (d) If the court finds by a preponderance of the evidence that a person subject to a petition under RCW 71.05.148 , as the result of a behavioral health disorder, is in need of assisted outpatient treatment, the court shall order an appropriate less restrictive alternative course of treatment for up to 18 months. (5) An order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585 , and must include a requirement that the person cooperate with the treatment recommendations of the behavioral health service provider. (6) The court shall notify the person orally and in writing that if involuntary treatment is sought beyond the 14-day inpatient or 90-day less restrictive treatment period, the person has the right to a full hearing or jury trial under RCW 71.05.310 . If the commitment is for mental health treatment, the court shall notify the person orally and in writing that the person is barred from the possession of firearms and that the prohibition remains in effect until a court restores his or her right to possess a firearm under RCW 9.41.047 . (7) If the court does not issue an order to detain or commit a person under this section, the court shall issue an order to dismiss the petition. (8) Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590 (3).
RCW 71.24.455 — Washington Code / Title 71 / Chapter 24 / Section 455
RCW 71.24.455: Offenders with mental illnesses—Contracts for specialized access and services.
Status: in_force

(1) The director shall select and contract with a behavioral health administrative services organization, managed care organization, behavioral health agency, or private provider to provide specialized access and services to offenders with mental illness upon release from total confinement within the department of corrections who have been identified by the department of corrections and selected by the behavioral health administrative services organization, managed care organization, behavioral health agency, or private provider as high-priority clients for services and who meet service program entrance criteria. The program shall enroll no more than twenty-five offenders at any one time, or a number of offenders that can be accommodated within the appropriated funding level, and shall seek to fill any vacancies that occur. (2) Criteria shall include a determination by department of corrections staff that: (a) The offender suffers from a major mental illness and needs continued mental health treatment; (b) The offender's previous crime or crimes have been determined by either the court or department of corrections staff to have been substantially influenced by the offender's mental illness; (c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health care; (d) The offender is unable or unlikely to obtain housing and/or treatment from other sources for any reason; and (e) The offender has at least one year remaining before his or her sentence expires but is within six months of release to community housing and is currently housed within a work release facility or any department of corrections' division of prisons facility. (3) The behavioral health administrative services organization, managed care organization, behavioral health agency, or private provider shall provide specialized access and services to the selected offenders. The services shall be aimed at lowering the risk of recidivism. An oversight committee composed of a representative of the authority, a representative of the selected managed care organization, behavioral health administrative services organization, or private provider, and a representative of the department of corrections shall develop policies to guide the pilot program, provide dispute resolution including making determinations as to when entrance criteria or required services may be waived in individual cases, advise the department of corrections and the managed care organization, behavioral health administrative services organization, or private provider on the selection of eligible offenders, and set minimum requirements for service contracts. The selected managed care organization, behavioral health administrative services organization, or private provider shall implement the policies and service contracts. The following services shall be provided: (a) Intensive case management to include a full range of intensive community support and treatment in client-to-staff ratios of not more than ten offenders per case manager including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at least two times per month; and (iii) counseling focusing on maintaining and promoting ongoing stability, relapse prevention, and recovery. (b) The case manager shall attempt to locate and procure housing appropriate to the living and clinical needs of the offender and as needed to maintain the psychiatric stability of the offender. The entire range of emergency, transitional, and permanent housing and involuntary hospitalization must be considered as available housing options. A housing subsidy may be provided to offenders to defray housing costs up to a maximum of six thousand six hundred dollars per offender per year and be administered by the case manager. Additional funding sources may be used to offset these costs when available. (c) The case manager shall collaborate with the assigned prison, work release, or community corrections staff during release planning, prior to discharge, and in ongoing supervision of the offender while under the authority of the department of corrections. (d) Medications including the full range of psychotropic medications including atypical antipsychotic medications may be required as a condition of the program. Medication prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance with prescribed medication regimens must be included. (e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment and appropriate habilitative activities shall be made. (f) Classes appropriate to the clinical and living needs of the offender and appropriate to his or her level of understanding. (g) The case manager shall assist the offender in the application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is qualified and resources are available. (h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational training and jobs, and volunteer activities. (4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end of his or her sentence or unless the offender is released from the pilot program earlier by the department of corrections. (5) Specialized training in the management and supervision of high-crime risk offenders with mental illness shall be provided to all participating mental health providers by the authority and the department of corrections prior to their participation in the program and as requested thereafter.
RCW 71.05.010 — Washington Code / Title 71 / Chapter 05 / Section 010
RCW 71.05.010: Legislative intent.
Status: in_force

(1) The provisions of this chapter apply to persons who are eighteen years of age or older and are intended by the legislature: (a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae and police powers of the state; (b) To prevent inappropriate, indefinite commitment of persons living with behavioral health disorders and to eliminate legal disabilities that arise from such commitment; (c) To provide prompt evaluation and timely and appropriate treatment of persons with serious behavioral health disorders; (d) To safeguard individual rights; (e) To provide continuity of care for persons with serious behavioral health disorders; (f) To encourage the full use of all existing agencies, professional personnel, and public funds to prevent duplication of services and unnecessary expenditures; and (g) To encourage, whenever appropriate, that services be provided within the community. (2) When construing the requirements of this chapter the court must focus on the merits of the petition, except where requirements have been totally disregarded, as provided in In re C.W. , 147 Wn.2d 259, 281 (2002). A presumption in favor of deciding petitions on their merits furthers both public and private interests because the mental and physical well-being of individuals as well as public safety may be implicated by the decision to release an individual and discontinue his or her treatment.
RCW 71.34.530 — Washington Code / Title 71 / Chapter 34 / Section 530
RCW 71.34.530: Outpatient treatment of adolescent.
Status: in_force

Any adolescent may request and receive outpatient treatment without the consent of the adolescent's parent. Parental authorization, or authorization from a person who may consent on behalf of the minor pursuant to RCW 7.70.065 , is required for outpatient treatment of a minor under the age of thirteen.
RCW 71.12.500 — Washington Code / Title 71 / Chapter 12 / Section 500
RCW 71.12.500: Examination of private establishments.
Status: in_force

The department may at any time examine a licensed private establishment to determine whether it has failed or refused to comply with the requirements of this chapter, the standards or rules adopted under this chapter, or other applicable state or federal statutes or rules regulating private establishments.
RCW 71.05.120 — Washington Code / Title 71 / Chapter 05 / Section 120
RCW 71.05.120: Exemptions from liability.
Status: in_force

(1) No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person pursuant to this chapter, nor any designated crisis responder, nor the state, a unit of local government, an evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program shall be civilly or criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to admit, discharge, release, administer antipsychotic medications, or detain a person for evaluation and treatment: PROVIDED, That such duties were performed in good faith and without gross negligence. (2) Peace officers and their employing agencies are not liable for the referral of a person, or the failure to refer a person, to a behavioral health agency pursuant to a policy adopted pursuant to RCW 71.05.457 if such action or inaction is taken in good faith and without gross negligence. (3) This section does not relieve a person from giving the required notices under RCW 71.05.330 (2) or 71.05.340 (1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.
RCW 71.12.720 — Washington Code / Title 71 / Chapter 12 / Section 720
RCW 71.12.720: Psychiatric hospitals—Reporting.
Status: in_force

(1) Every *psychiatric hospital licensed under this chapter shall report to the department every patient elopement and every death that meets the circumstances specified in subsection (2) of this section that occurs on the hospital grounds within three days of the elopement or death to the department's complaint intake system or another reporting mechanism specified by the department in rule. (2) The patient or staff deaths that must be reported to the department under subsection (1) of this section include the following: (a) Patient death associated with patient elopement; (b) Patient suicide; (c) Patient death associated with medication error; (d) Patient death associated with a fall; (e) Patient death associated with the use of physical restraints or bedrails; and (f) Patient or staff member death resulting from a physical assault.
RCW 71.40.030 — Washington Code / Title 71 / Chapter 40 / Section 030
RCW 71.40.030: Office created—Rules.
Status: in_force

(1) By July 1, 2022, the department shall establish the state office of behavioral health consumer advocacy to provide behavioral health consumer advocacy services to patients, residents, and clients of behavioral health providers or facilities. Prior to the establishment and operation of the office, the department shall solicit recommendations from members of the behavioral health community for options to rename the office and the certified behavioral health consumer advocates in a way that shows respect for the community that the office and the advocates serve. Prior to the office beginning operations, the department must rename the office and the certified behavioral health consumer advocates from the options proposed by the community. The department shall contract with a private nonprofit organization to provide behavioral health consumer advocacy services, according to the standards established by the office. The department shall assure all program and staff support necessary to enable the contracting advocacy organization to effectively protect the interests of persons with behavioral health needs in accordance with this chapter. The department shall select the organization through a competitive bidding process and shall assure that the selected organization (a) has demonstrated financial stability and meets the qualifications for the duties identified in this chapter, and (b) does not have any conflicts of interest that would interfere with the duties identified in this chapter. The department shall encourage persons who have lived experience with behavioral health conditions or who are a family member of a person with behavioral health conditions to apply. (2) Following the selection of the organization to carry out the ministerial functions of the office, the department shall not initiate the procurement of a new contract except upon a showing of cause. Prior to ending the contract and conducting a new competitive bidding process, the department shall provide an opportunity for comment by the contracting advocacy organization and to appeal the reselection to the department. (3) The office shall adopt rules to carry out the purposes of this chapter, including: (a) Establishing standards for the contracting advocacy organization to use when certifying behavioral health consumer advocates; (b) Establishing procedures consistent with chapter 202, Laws of 2021 for appropriate access by behavioral health consumer advocates to behavioral health providers or facilities; and (c) Establishing procedures consistent with RCW 71.40.140 to protect the confidentiality of the records of patients, residents, clients, providers, and complainants.
RCW 71.24.590 — Washington Code / Title 71 / Chapter 24 / Section 590
RCW 71.24.590: Opioid treatment—Program licensing or certification by department, department duties—Use of medications by program—Definition.
Status: in_force

(1) When making a decision on an application for licensing or certification of an opioid treatment program, the department shall: (a) Consult with the county legislative authorities in the area in which an applicant proposes to locate a program and the city legislative authority in any city in which an applicant proposes to locate a program; (b) License or certify only programs that will be sited in accordance with the appropriate county or city land use ordinances. Counties and cities may require conditional use permits with reasonable conditions for the siting of programs only to the extent that such reasonable conditional use requirements applied to opioid treatment programs are similarly applied to other essential public facilities and health care settings. Pursuant to RCW 36.70A.200 , no local comprehensive plan or development regulation may preclude the siting of essential public facilities; (c) Not discriminate in its licensing or certification decision on the basis of the corporate structure of the applicant; (d) Consider the size of the population in need of treatment in the area in which the program would be located and license or certify only applicants whose programs meet the necessary treatment needs of that population; (e) Consider the availability of other certified opioid treatment programs near the area in which the applicant proposes to locate the program; (f) Consider the transportation systems that would provide service to the program and whether the systems will provide reasonable opportunities to access the program for persons in need of treatment; (g) Consider whether the applicant has, or has demonstrated in the past, the capability to provide the appropriate services to assist the persons who utilize the program in meeting goals established by the legislature in RCW 71.24.585 . The department shall prioritize licensing or certification to applicants who have demonstrated such capability and are able to measure their success in meeting such outcomes; (h) Provide public notice to all appropriate media outlets in the community in which the facility is proposed to be located that states the applicant is proposing a facility in that community. (2) No city or county legislative authority may impose a maximum capacity for an opioid treatment program. (3) A program applying for licensing or certification from the department and a program applying for a contract from a state agency that has been denied the licensing or certification or contract shall be provided with a written notice specifying the rationale and reasons for the denial. (4) Opioid treatment programs may order, possess, dispense, and administer medications approved by the United States food and drug administration for the treatment of opioid use disorder, alcohol use disorder, tobacco use disorder, and reversal of opioid overdose. For an opioid treatment program to order, possess, and dispense any other legend drug, including controlled substances, the opioid treatment program must obtain additional licensure as required by the department, except for patient-owned medications. (5) Opioid treatment programs may accept, possess, and administer patient-owned medications. (6) Registered nurses and licensed practical nurses may dispense up to a 31 day supply of medications approved by the United States food and drug administration for the treatment of opioid use disorder to patients of the opioid treatment program, under an order or prescription and in compliance with 42 C.F.R. Sec. 8.12. (7) A mobile or fixed-site medication unit may be established as part of a licensed opioid treatment program. (8) For the purpose of this chapter, "opioid treatment program" means a program that: (a) Engages in the treatment of opioid use disorder with medications approved by the United States food and drug administration for the treatment of opioid use disorder and reversal of opioid overdose, including methadone; and (b) Provides a comprehensive range of medical and rehabilitative services.
RCW 71.05.801 — Washington Code / Title 71 / Chapter 05 / Section 801
RCW 71.05.801: Persons with developmental disabilities—Service plans—Habilitation services.
Status: reserved

When appropriate and subject to available funds, the treatment and training of a person with a developmental disability who is committed to the custody of the department of social and health services or to a facility licensed or certified for ninety day treatment by the department for a further period of intensive treatment under RCW 71.05.320 must be provided in a program specifically reserved for the treatment and training of persons with developmental disabilities. A person so committed shall receive habilitation services pursuant to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of persons with developmental disabilities. The department of social and health services may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department of social and health services for such services. The department of social and health services may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department of social and health services.
RCW 71.32.120 — Washington Code / Title 71 / Chapter 32 / Section 120
RCW 71.32.120: Action to contest directive.
Status: in_force

A principal may bring an action to contest the validity of his or her directive. If an action under this section is commenced while an action to determine the principal's capacity is pending, the court shall consolidate the actions and decide the issues simultaneously.
RCW 71.09.025 — Washington Code / Title 71 / Chapter 09 / Section 025
RCW 71.09.025: Notice to prosecuting attorney prior to release.
Status: in_force

(1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in RCW 71.09.020 , the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county in which an action under this chapter may be filed pursuant to RCW 71.09.030 and the attorney general, three months prior to: (i) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense; (ii) The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile; (iii) Release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to *RCW 10.77.645 (7); or (iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to *RCW 10.77.103 and 10.77.500 . (b) The agency shall provide the prosecuting agency with all relevant information including but not limited to the following information: (i) A complete copy of the institutional records compiled by the department of corrections relating to the person, and any such out-of-state department of corrections' records, if available; (ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person; (iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person; (iv) A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and (v) A current mental health evaluation or mental health records review. (c) The prosecuting agency has the authority, consistent with RCW 72.09.345 (4), to obtain all records relating to the person if the prosecuting agency deems such records are necessary to fulfill its duties under this chapter. The prosecuting agency may only disclose such records in the course of performing its duties pursuant to this chapter, unless otherwise authorized by law. (d) The prosecuting agency has the authority to utilize the inquiry judge procedures of chapter 10.27 RCW prior to the filing of any action under this chapter to seek the issuance of compulsory process for the production of any records relevant to a determination of whether to seek the civil commitment of a person under this chapter. Any records obtained pursuant to this process may only be disclosed by the prosecuting agency in the course of performing its duties pursuant to this chapter, or unless otherwise authorized by law. (e) The prosecuting agency has the authority to utilize the procedures under RCW 71.09.035 for the production of any records held by a public agency, including any agency as defined in RCW 42.56.010 , relevant to a determination of whether to seek the civil commitment of a person under this chapter. Any records obtained pursuant to this process may only be disclosed by the prosecuting agency in the course of performing its duties pursuant to this chapter, or unless otherwise authorized by law. (2) The agency, its employees, and officials shall be immune from liability for any good-faith conduct under this section. (3) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.
RCW 71.34.755 — Washington Code / Title 71 / Chapter 34 / Section 755
RCW 71.34.755: Less restrictive alternative treatment—Requirements.
Status: in_force

(1) Less restrictive alternative treatment, at a minimum, must include the following services: (a) Assignment of a care coordinator; (b) An intake evaluation with the provider of the less restrictive alternative treatment; (c) A psychiatric evaluation, a substance use disorder evaluation, or both; (d) A schedule of regular contacts with the provider of the less restrictive alternative treatment services for the duration of the order; (e) A transition plan addressing access to continued services at the expiration of the order; (f) An individual crisis plan; (g) Consultation about the formation of a mental health advance directive under chapter 71.32 RCW; and (h) Notification to the care coordinator assigned in (a) of this subsection if reasonable efforts to engage the client fail to produce substantial compliance with court-ordered treatment conditions. (2) Less restrictive alternative treatment may include the following additional services: (a) Medication management; (b) Psychotherapy; (c) Nursing; (d) Substance use disorder counseling; (e) Residential treatment; (f) Partial hospitalization; (g) Intensive outpatient treatment; (h) Support for housing, benefits, education, and employment; and (i) Periodic court review. (3) If the minor was provided with involuntary medication during the involuntary commitment period, the less restrictive alternative treatment order may authorize the less restrictive alternative treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted and failed to obtain the informed consent of the person and there is a concurring medical opinion approving the 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 an independent mental health professional with prescribing authority. (4) Less restrictive alternative treatment must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility. (5) The care coordinator assigned to a minor ordered to less restrictive alternative treatment must submit an individualized plan for the minor's treatment services to the court that entered the order. An initial plan must be submitted as soon as possible following the intake evaluation and a revised plan must be submitted upon any subsequent modification in which a type of service is removed from or added to the treatment plan. (6) A care coordinator may disclose information and records related to mental health services pursuant to RCW 70.02.230 (2)(k) for purposes of implementing less restrictive alternative treatment. (7) For the purpose of this section, "care coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment. The care coordinator coordinates activities with the designated crisis responders that are necessary for enforcement and continuation of less restrictive alternative treatment orders and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.
RCW 71.32.150 — Washington Code / Title 71 / Chapter 32 / Section 150
RCW 71.32.150: Compliance with directive—Conditions for noncompliance.
Status: in_force

(1) Upon receiving a directive, a health care provider, professional person, or health care facility providing treatment to the principal, or persons acting under the direction of the health care provider, professional person, or health care facility, shall make the directive a part of the principal's medical record and shall be deemed to have actual knowledge of the directive's contents. (2) When acting under authority of a directive, a health care provider, professional person, or health care facility shall act in accordance with the provisions of the directive to the fullest extent possible, unless in the determination of the health care provider, professional person, or health care facility: (a) Compliance with the provision would violate the accepted standard of care established in RCW 7.70.040 ; (b) The requested treatment is not available; (c) Compliance with the provision would violate applicable law; or (d) It is an emergency situation and compliance would endanger any person's life or health. (3)(a) In the case of a principal committed or detained under the involuntary treatment provisions of chapter 10.77 , 71.05, 71.09, or 71.34 RCW, those provisions of a principal's directive that, in the determination of the health care provider, professional person, or health care facility, are inconsistent with the purpose of the commitment or with any order of the court relating to the commitment are invalid during the commitment. (b) Remaining provisions of a principal's directive are advisory while the principal is committed or detained. The treatment provider is encouraged to follow the remaining provisions of the directive, except as provided in (a) of this subsection or subsection (2) of this section. (4) In the case of a principal who is incarcerated or committed in a state or local correctional facility, provisions of the principal's directive that are inconsistent with reasonable penological objectives or administrative hearings regarding involuntary medication are invalid during the period of incarceration or commitment. In addition, treatment may be given despite refusal of the principal or the provisions of the directive: (a) For any reason under subsection (2) of this section; or (b) if, without the benefit of the specific treatment measure, there is a significant possibility that the person will harm self or others before an improvement of the person's condition occurs. (5)(a) If the health care provider, professional person, or health care facility is, at the time of receiving the directive, unable or unwilling to comply with any part or parts of the directive for any reason, the health care provider, professional person, or health care facility shall promptly notify the principal and, if applicable, his or her agent and shall document the reason in the principal's medical record. (b) If the health care provider, professional person, or health care facility is acting under authority of a directive and is unable to comply with any part or parts of the directive for the reasons listed in subsection (2) or (3) of this section, the health care provider, professional person, or health care facility shall promptly notify the principal and if applicable, his or her agent, and shall document the reason in the principal's medical record. (6) In the event that one or more parts of the directive are not followed because of one or more of the reasons set forth in subsection (2) or (4) of this section, all other parts of the directive shall be followed. (7) If no provider-patient relationship has previously been established, nothing in this chapter requires the establishment of a provider-patient relationship.
RCW 71.24.605 — Washington Code / Title 71 / Chapter 24 / Section 605
RCW 71.24.605: Fetal alcohol screening and assessment services.
Status: in_force

The authority shall contract with the University of Washington fetal alcohol syndrome clinic to provide fetal alcohol exposure screening and assessment services. The University indirect charges shall not exceed ten percent of the total contract amount. The contract shall require the University of Washington fetal alcohol syndrome clinic to provide the following services: (1) Training for health care staff in community-based fetal alcohol exposure clinics to ensure the accurate diagnosis of individuals with fetal alcohol exposure and the development and implementation of appropriate service referral plans; (2) Development of written or visual educational materials for the individuals diagnosed with fetal alcohol exposure and their families or caregivers; (3) Systematic information retrieval from each community clinic to (a) maintain diagnostic accuracy and reliability across all community clinics, (b) facilitate the development of effective and efficient screening tools for population-based identification of individuals with fetal alcohol exposure, (c) facilitate identification of the most clinically efficacious and cost-effective educational, social, vocational, and health service interventions for individuals with fetal alcohol exposure; (4) Based on available funds, establishment of a network of community-based fetal alcohol exposure clinics across the state to meet the demand for fetal alcohol exposure diagnostic and referral services; and (5) Preparation of an annual report for submission to the authority, the department of health, the department of social and health services, the department of corrections, and the office of the superintendent of public instruction which includes the information retrieved under subsection (3) of this section.
RCW 71.05.520 — Washington Code / Title 71 / Chapter 05 / Section 520
RCW 71.05.520: Protection of rights—Staff.
Status: in_force

The authority as the state's behavioral health authority, the department of social and health services in its operation of the state hospitals, and the department of health in exercising its function of licensing and certification of behavioral health providers and facilities shall have the responsibility to determine whether all rights of individuals recognized and guaranteed by the provisions of this chapter and the Constitutions of the state of Washington and the United States are in fact protected and effectively secured. To this end, each agency shall assign appropriate staff who shall from time to time as may be necessary have authority to examine records, inspect facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to such rights. Such persons shall also recommend such additional safeguards or procedures as may be appropriate to secure individual rights set forth in this chapter and as guaranteed by the state and federal Constitutions.
RCW 71.24.016 — Washington Code / Title 71 / Chapter 24 / Section 016
RCW 71.24.016: Intent—Management of services—Work group on long-term involuntary inpatient care integration.
Status: in_force

(1) The legislature intends that eastern and western state hospitals shall operate as clinical centers for handling the most complicated long-term care needs of patients with a primary diagnosis of mental disorder. It is further the intent of the legislature that the community behavioral health service delivery system focus on maintaining individuals with mental illness in the community. The program shall be evaluated and managed through a limited number of outcome and performance measures, as provided in RCW 71.24.435 , 70.320.020 , and 71.36.025 . (2) The legislature intends to address the needs of people with mental disorders with a targeted, coordinated, and comprehensive set of evidence-based practices that are effective in serving individuals in their community and will reduce the need for placements in state mental hospitals. The legislature further intends to explicitly hold behavioral health administrative services organizations, within available resources, and managed care organizations accountable for serving people with mental disorders within the boundaries of their regional service area. (3) The authority shall establish a work group to determine: (a) How to appropriately manage access to adult long-term inpatient involuntary care and the children's long-term inpatient program in the community and at eastern and western state hospitals, until such a time as the risk for long-term involuntary inpatient care may be fully integrated into managed care organization contracts, and provide advice to guide the integration process; and (b) how to expand bidirectional integration through increased support for co-occurring disorder services, including recommendations related to purchasing and rates. The work group shall include representation from the department of social and health services, the department of health, behavioral health administrative services organizations, at least two managed care organizations, the Washington state association of counties, community behavioral health providers, including providers with experience providing co-occurring disorder services, and the Washington state hospital association. Managed care representation on the work group must include at least one member with financial expertise and at least one member with clinical expertise. The managed care organizations on the work group shall represent the entire managed care sector and shall collaborate with the nonrepresented managed care organizations. The work group shall provide recommendations to the office of financial management and appropriate committees of the legislature by December 15, 2019.
RCW 71A.12.025 — Washington Code / Title 71A / Chapter 12 / Section 025
RCW 71A.12.025: Persons with developmental disabilities who commit crimes—Findings.
Status: in_force

The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and for the safety of others the state may need to exercise control over those few dangerous individuals who are developmentally disabled, have been charged with crimes that involve a threat to public safety or security, and have been found either incompetent to stand trial or not guilty by reason of insanity. The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state control over dangerous developmentally disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing programs in mental institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities. Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with crimes that involve a threat to public safety or security and have been found incompetent to stand trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.
RCW 71.09.230 — Washington Code / Title 71 / Chapter 09 / Section 230
RCW 71.09.230: Escorted leave—Rules.
Status: in_force

(1) The secretary is authorized to adopt rules providing for the conditions under which residents will be granted leaves of absence and providing for safeguards to prevent escapes while on leaves of absence. Leaves of absence granted to residents under RCW 71.09.210 , however, shall not allow or permit any resident to go beyond the boundaries of this state. (2) The secretary shall adopt rules requiring reimbursement of the state from the resident granted leave of absence, or the resident's family, for the actual costs incurred arising from any leave of absence granted under the authority of RCW 71.09.210 (1) and (2). No state funds shall be expended in connection with leaves of absence granted under RCW 71.09.210 (1) and (2) unless the resident and the resident's immediate family are indigent and without resources sufficient to reimburse the state for the expenses of such leaves of absence.
RCW 71.24.500 — Washington Code / Title 71 / Chapter 24 / Section 500
RCW 71.24.500: Written guidance and trainings—Managed care—Incarcerated and involuntarily hospitalized persons.
Status: in_force

The authority shall periodically publish written guidance and provide trainings to behavioral health administrative services organizations, managed care organizations, and behavioral health providers related to how these organizations may provide outreach, assistance, transition planning, and rehabilitation case management reimbursable under federal law to persons who are incarcerated, involuntarily hospitalized, or in the process of transitioning out of one of these services. The guidance and trainings may also highlight preventive activities not reimbursable under federal law which may be cost-effective in a managed care environment. The purpose of this written guidance and trainings is to champion best clinical practices including, where appropriate, use of care coordination and long-acting injectable psychotropic medication, and to assist the health community to leverage federal funds and standardize payment and reporting procedures.
RCW 71.34.705 — Washington Code / Title 71 / Chapter 34 / Section 705
RCW 71.34.705: Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
Status: in_force

(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding: (a) Historical behavior, including history of one or more violent acts; and (b) Prior commitments under this chapter. (2) Credible witnesses may include family members, landlords, neighbors, teachers, school personnel, or others with significant contact and history of involvement with the minor. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the minor, 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 minor which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, 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 minor; and (c) Without treatment, the continued deterioration of the minor is probable. (4) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission of Washington state, shall establish written guidelines by June 30, 2022, for conducting culturally appropriate evaluations of American Indians or Alaska Natives.
RCW 71A.12.290 — Washington Code / Title 71A / Chapter 12 / Section 290
RCW 71A.12.290: Transition from employment services to community access program.
Status: in_force

(1) Clients age 21 and older who are receiving employment services must be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment program at any time. Enrollment in an employment program begins at the time the client is authorized to receive employment. (2) Prior approval by the department shall not be required to effectuate the client's choice to transition from an employment program to community access services after verifying nine months of participation in employment-related services. (3) The department shall inform clients and their legal representatives of all available options for employment and day services, including the opportunity to request an exception from enrollment in an employment program. Information provided to the client and the client's legal representative must include the types of activities each service option provides, and the amount, scope, and duration of service for which the client would be eligible under each service option. (4) The department shall work with counties and stakeholders to strengthen and expand the existing community access program, including the consideration of options that allow for alternative service settings outside of the client's residence. The program should emphasize support for the clients so that they are able to participate in activities that integrate them into their community and support independent living and skills. (5) The department shall develop rules to allow for an exception to the requirement that a client participate in an employment program for nine months prior to transitioning to a community access program.
RCW 71.05.950 — Washington Code / Title 71 / Chapter 05 / Section 950
RCW 71.05.950: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 71.24.594 — Washington Code / Title 71 / Chapter 24 / Section 594
RCW 71.24.594: Opioid overdose reversal medications—Education—Distribution—Labeling—Liability.
Status: in_force

(1) For any client presenting with symptoms of an opioid use disorder, or who reports recent use of opioids outside legal authority, all licensed or certified behavioral health agencies that provide individuals treatment for mental health or substance use disorder, withdrawal management, secure withdrawal management, evaluation and treatment, or opioid treatment programs must during the client's intake, discharge, or treatment plan review, as appropriate: (a) Inform the client about opioid overdose reversal medication and ask whether the client has opioid overdose reversal medication; and (b) If a client does not possess opioid overdose reversal medication, unless the behavioral health provider determines using clinical and professional judgment that opioid overdose reversal medication is not appropriate, the behavioral health provider must: (i) Prescribe the client opioid overdose reversal medication or utilize the statewide naloxone standing order; and (ii) Assist the client in directly obtaining opioid overdose reversal medication as soon as practical by: (A) Directly dispensing the opioid overdose reversal medication, if authorized by state law; (B) Partnering with a pharmacy to obtain the opioid overdose reversal medication on the client's behalf and distributing the opioid overdose reversal medication to the client; (C) Assisting the client in utilizing a mail order pharmacy or pharmacy that mails prescription drugs directly to the behavioral health agency or client and distributing the opioid overdose reversal medication to the client, if necessary; (D) Obtaining and distributing opioid overdose reversal medication through the bulk purchasing and distribution program established in RCW 70.14.170 ; or (E) Using any other resources or means authorized by state law to provide opioid overdose reversal medication. (2) Until the opioid overdose reversal medication bulk purchasing and distribution program established in RCW 70.14.170 is operational, if a behavioral health agency listed in subsection (1) of this section dispenses, distributes, or otherwise assists the client in directly obtaining the opioid overdose reversal medication such that the agency is the billing entity, the behavioral health agency must: (a) For clients enrolled in medical assistance under chapter 74.09 RCW, bill the client's medicaid benefit for the client's opioid overdose reversal medication utilizing the appropriate billing codes established by the health care authority; (b) For clients with available health insurance coverage other than medical assistance under chapter 74.09 RCW, bill the client's health plan for the cost of the opioid overdose reversal medication; (c) For clients who are not enrolled in medical assistance under chapter 74.09 RCW and do not have any other available health insurance coverage, bill the health care authority for the cost of the client's opioid overdose reversal medication. (3) A pharmacy that dispenses opioid overdose reversal medication through a partnership or relationship with a behavioral health agency as described in subsection (1) of this section must bill the health care authority for the cost of the client's opioid overdose reversal medication for clients that are not enrolled in medical assistance under chapter 74.09 RCW and do not have any other available health insurance coverage. (4) The labeling requirements of RCW 69.41.050 and 18.64.246 do not apply to opioid overdose reversal medication dispensed or delivered in accordance with this section. (5) A person who is provided opioid overdose reversal medication under this section must be provided information and resources about medication for opioid use disorder and harm reduction strategies and services which may be available, such as substance use disorder treatment services and substance use disorder peer counselors. This information should be available in all languages relevant to the communities that the behavioral health agency serves. (6) The individual or entity that dispenses, distributes, or delivers an opioid overdose reversal medication in accordance with this section shall ensure that the directions for use are provided. (7) Actions taken in compliance with subsection (1) of this section by an entity that provides only mental health treatment may not be construed as the entity holding itself out as providing or in fact providing substance use disorder diagnosis, treatment, or referral for treatment for purposes of state or federal law. (8) A behavioral health agency, its employees, and providers are immune from suit in any action, civil or criminal, or from professional or other disciplinary action, for action or inaction in compliance with this section. (9) For purposes of this section, "opioid overdose reversal medication" has the meaning provided in RCW 69.41.095 .
RCW 71A.20.030 — Washington Code / Title 71A / Chapter 20 / Section 030
RCW 71A.20.030: Facilities for Interlake School.
Status: in_force

(1) The secretary may use surplus physical facilities at eastern state hospital as a residential habilitation center, which shall be known as the "Interlake School." (2) The secretary may designate and select such buildings and facilities and tracts of land at eastern state hospital that are surplus to the needs of the department for mentally ill persons and that are reasonably necessary and adequate for services for persons with developmental disabilities. The secretary shall also designate those buildings, equipment, and facilities which are to be used jointly and mutually by both eastern state hospital and Interlake School.
RCW 71.05.100 — Washington Code / Title 71 / Chapter 05 / Section 100
RCW 71.05.100: Financial responsibility.
Status: in_force

In addition to the responsibility provided for by RCW 43.20B.330 , any person, or his or her estate, or his or her spouse, who is involuntarily detained pursuant to this chapter for the purpose of treatment and evaluation outside of a facility maintained and operated by the department of social and health services shall be responsible for the cost of such care and treatment. In the event that an individual is unable to pay for such treatment or in the event payment would result in a substantial hardship upon the individual or his or her family, then the county of residence of such person shall be responsible for such costs. If it is not possible to determine the county of residence of the person, the cost shall be borne by the county where the person was originally detained. The department of social and health services, or the authority, as appropriate, shall, pursuant to chapter 34.05 RCW, adopt standards as to (1) inability to pay in whole or in part, (2) a definition of substantial hardship, and (3) appropriate payment schedules. Financial responsibility with respect to services and facilities of the department of social and health services shall continue to be as provided in RCW 43.20B.320 through 43.20B.360 and 43.20B.370 .
RCW 71.06.005 — Washington Code / Title 71 / Chapter 06 / Section 005
RCW 71.06.005: Application of chapter.
Status: in_force

With respect to sexual psychopaths, this chapter applies only to crimes or offenses committed before July 1, 1984.
RCW 71.05.660 — Washington Code / Title 71 / Chapter 05 / Section 660
RCW 71.05.660: Treatment records—Privileged communications unaffected.
Status: in_force

Nothing in this chapter or chapter 70.02 or 71.34 RCW shall be construed to interfere with communications between physicians, physician assistants, psychiatric advanced registered nurse practitioners, or psychologists and patients and attorneys and clients.
RCW 71.12.730 — Washington Code / Title 71 / Chapter 12 / Section 730
RCW 71.12.730: Psychiatric hospitals—Managed care organizations.
Status: in_force

With respect to a person enrolled in medical assistance under chapter 74.09 RCW, a *psychiatric hospital shall make every effort to: (1) Inform the medicaid managed care organization in which the person is enrolled of the person's discharge or change in care plan on the following timelines: (a) For an anticipated discharge, no later than 24 hours prior to the known discharge date; or (b) For all other discharges, including if the person leaves against medical advice, no later than the date of discharge or departure from the facility; and (2) Engage with medicaid managed care organizations in discharge planning, which includes informing and connecting patients to care management resources at the appropriate managed care organization.
RCW 71.05.457 — Washington Code / Title 71 / Chapter 05 / Section 457
RCW 71.05.457: Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.
Status: in_force

By July 1, 2017, all general authority Washington law enforcement agencies must adopt a policy establishing criteria and procedures for a law enforcement officer to refer a person to a behavioral health agency after receiving a report of threatened or attempted suicide.
RCW 71.05.765 — Washington Code / Title 71 / Chapter 05 / Section 765
RCW 71.05.765: Civil commitment training—Contracting—Requirements.
Status: in_force

The authority must contract with an association that represents designated crisis responders in Washington to develop and begin delivering by July 1, 2025, a training program for social workers licensed under chapter 18.225 RCW who practice in an emergency department with responsibilities related to civil commitments under this chapter. The training must include instruction emphasizing standards and procedures relating to the civil commitment of persons with substance use disorders and mental illness, including which clinical presentations warrant summoning a designated crisis responder. The training must emphasize the manner in which a patient with a primary substance use disorder may present as a risk of harm to self or others, or gravely disabled. Each hospital shall ensure that, by July 1, 2026, or within three months of hire, all social workers employed in the emergency department with responsibilities relating to civil commitments under this chapter complete the training every three years.
RCW 71.24.870 — Washington Code / Title 71 / Chapter 24 / Section 870
RCW 71.24.870: Behavioral health services—Adoption of rules—Audit.
Status: in_force

(1) Rules adopted by the department relating to the provision of behavioral health services must: (a) Identify areas in which duplicative or inefficient documentation requirements can be eliminated or streamlined for providers; (b) Limit prescriptive requirements for individual initial assessments to allow clinicians to exercise professional judgment to conduct age-appropriate, strength-based psychosocial assessments, including current needs and relevant history according to current best practices; (c) Exempt providers from duplicative state documentation requirements when the provider is following documentation requirements of an evidence-based, research-based, or state-mandated program that provides adequate protection for patient safety; and (d) Be clear and not unduly burdensome in order to maximize the time available for the provision of care. (2) Subject to the availability of amounts appropriated for this specific purpose, audits conducted by the department relating to provision of behavioral health services must: (a) Rely on a sampling methodology to conduct reviews of personnel files and clinical records based on written guidelines established by the department that are consistent with the standards of other licensing and accrediting bodies; (b) Treat organizations with multiple locations as a single entity. The department must not require annual visits at all locations operated by a single entity when a sample of records may be reviewed from a centralized location; (c) Share audit results with behavioral health administrative services organizations and managed care organizations to assist with their review process and, when appropriate, take steps to coordinate and combine audit activities; (d) Not require information to be provided in particular documents or locations when the same information is included or demonstrated elsewhere in the clinical file, except where required by federal law; and (e) Ensure that audits involving manualized programs such as wraparound with intensive services or other evidence or research-based programs are conducted to the extent practicable by personnel familiar with the program model and in a manner consistent with the documentation requirements of the program.
RCW 71.05.232 — Washington Code / Title 71 / Chapter 05 / Section 232
RCW 71.05.232: Discharge reviews—Consultations, notifications required.
Status: in_force

(1) When a state hospital admits a person for evaluation or treatment under this chapter who has a history of one or more violent acts and: (a) Has been transferred from a correctional facility; or (b) Is or has been under the authority of the department of corrections or the indeterminate sentence review board, the state hospital shall consult with the appropriate corrections and *chemical dependency personnel and the appropriate forensic staff at the state hospital to conduct a discharge review to determine whether the person presents a likelihood of serious harm and whether the person is appropriate for release to a less restrictive alternative. (2) When a state hospital returns a person who was reviewed under subsection (1) of this section to a correctional facility, the hospital shall notify the correctional facility that the person was subject to a discharge review pursuant to this section.
RCW 71.09.115 — Washington Code / Title 71 / Chapter 09 / Section 115
RCW 71.09.115: Record check required for employees of secure facility.
Status: in_force

(1) The safety and security needs of the secure facility operated by the department of social and health services pursuant to RCW 71.09.060 (1) make it vital that employees working in the facility meet necessary character, suitability, and competency qualifications. The secretary shall require a record check through the Washington state patrol criminal identification system under chapter 10.97 RCW and through the federal bureau of investigation. The record check must include a fingerprint check using a complete Washington state criminal identification fingerprint card. The criminal history record checks shall be at the expense of the department. The secretary shall use the information only in making the initial employment or engagement decision, except as provided in subsection (2) of this section. Further dissemination or use of the record is prohibited. (2) This section applies to all current employees hired prior to June 6, 1996, who have not previously submitted to a department of social and health services criminal history records check. The secretary shall use the information only in determining whether the current employee meets the necessary character, suitability, and competency requirements for employment or engagement.
RCW 71A.12.070 — Washington Code / Title 71A / Chapter 12 / Section 070
RCW 71A.12.070: Payments under RCW 71A.12.060 supplemental to payments from other resources—Direct payments.
Status: in_force

All payments made by the secretary under RCW 71A.12.060 shall, insofar as reasonably possible, be supplementary to payments to be made for the costs of care, support, and training in a community residential program by the estate of such resident of the residential habilitation center, or from any resource which such resident may have, or become entitled to, from any public, federal, or state agency. Payments by the secretary under this title may, in the secretary's discretion, be paid directly to community residential programs, or to counties having created developmental disability boards under chapter 71A.14 RCW.
RCW 71.05.040 — Washington Code / Title 71 / Chapter 05 / Section 040
RCW 71.05.040: Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.
Status: in_force

Persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or to present a likelihood of serious harm. However, persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or commitment based on this condition alone.
RCW 71.24.610 — Washington Code / Title 71 / Chapter 24 / Section 610
RCW 71.24.610: Interagency agreement on prenatal substance exposure programs.
Status: in_force

The authority, the department of social and health services, the department, the department of corrections, the department of children, youth, and families, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the coordination of identification, prevention, and intervention programs for children who have fetal alcohol exposure and other prenatal substance exposures, and for women who are at high risk of having children with fetal alcohol exposure or other prenatal substance exposures. The interagency agreement shall provide a process for community advocacy groups to participate in the review and development of identification, prevention, and intervention programs administered or contracted for by the agencies executing this agreement.
RCW 71.98.040 — Washington Code / Title 71 / Chapter 98 / Section 040
RCW 71.98.040: Repeals and saving.
Status: in_force

See 1959 c 25 s 71.98.040 .
RCW 71A.12.210 — Washington Code / Title 71A / Chapter 12 / Section 210
RCW 71A.12.210: Community protection program—Application.
Status: in_force

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

RCW 71A.12.220 through 71A.12.280 apply to a person: (1)(a) Who has been charged with or convicted of a crime and meets the following criteria: (i) Has been convicted of one of the following: (A) A crime of sexual violence as defined in chapter 9A.44 or 71.09 RCW including, but not limited to, rape, rape of a child, and child molestation; (B) Sexual acts directed toward strangers, individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or persons of casual acquaintance with whom no substantial personal relationship exists; or (C) One or more violent offenses, as defined by RCW 9.94A.030 ; and (ii) Constitutes a current risk to others as determined by a qualified professional. Charges or crimes that resulted in acquittal must be excluded; or (b) Who has not been charged with and/or convicted of a crime, but meets the following criteria: (i) Has a history of stalking, violent, sexually violent, predatory, and/or opportunistic behavior which demonstrates a likelihood to commit a violent, sexually violent, and/or predatory act; and (ii) Constitutes a current risk to others as determined by a qualified professional; and (2) Who has been determined to have a developmental disability as defined by RCW 71A.10.020 .
RCW 71.24.525 — Washington Code / Title 71 / Chapter 24 / Section 525
RCW 71.24.525: Agreements authorized under the interlocal cooperation act.
Status: in_force

Pursuant to the interlocal cooperation act, chapter 39.34 RCW, the authority may enter into agreements to accomplish the purposes of this chapter.
RCW 71.32.902 — Washington Code / Title 71 / Chapter 32 / Section 902
RCW 71.32.902: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 71.24.550 — Washington Code / Title 71 / Chapter 24 / Section 550
RCW 71.24.550: City, town, or county without facility—Contribution of liquor taxes prerequisite to use of another's facility.
Status: in_force

A city, town, or county that does not have its own facility or program for the treatment and rehabilitation of persons with substance use disorders may share in the use of a facility or program maintained by another city or county so long as it contributes no less than two percent of its share of liquor taxes and profits to the support of the facility or program.
RCW 71.34.796 — Washington Code / Title 71 / Chapter 34 / Section 796
RCW 71.34.796: Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.
Status: in_force

When, in the judgment of the department of social and health services, the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that such a person be transferred or moved for observation, diagnosis or treatment to any state institution or facility for the care of juveniles with behavioral health disorders the secretary of the department of social and health services, or his or her designee, is authorized to order and effect such move or transfer: PROVIDED, HOWEVER, That the secretary of the department of social and health services shall adopt and implement procedures to assure that persons so transferred shall, while detained or confined in such institution or facility for the care of juveniles with behavioral health disorders, be provided with substantially similar opportunities for parole or early release evaluation and determination as persons detained or confined in state juvenile correctional institutions or facilities: PROVIDED, FURTHER, That the secretary of the department of social and health services shall notify the original committing court of such transfer.
RCW 71.34.706 — Washington Code / Title 71 / Chapter 34 / Section 706
RCW 71.34.706: Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
Status: in_force

(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding: (a) Historical behavior, including history of one or more violent acts; and (b) Prior commitments under this chapter. (2) Credible witnesses may include family members, landlords, neighbors, teachers, school personnel, or others with significant contact and history of involvement with the minor. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the minor, 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 minor which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, 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 from safe behavior, or one or more violent acts; (b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the minor; and (c) Without treatment, the continued deterioration of the minor is probable.
RCW 71A.20.060 — Washington Code / Title 71A / Chapter 20 / Section 060
RCW 71A.20.060: Work programs for residents.
Status: in_force

The secretary shall have authority to engage the residents of a residential habilitation center in beneficial work programs, but the secretary shall not engage residents in excessive hours of work or work for disciplinary purposes.
RCW 71.09.015 — Washington Code / Title 71 / Chapter 09 / Section 015
RCW 71.09.015: Finding—Intent—Clarification.
Status: in_force

The legislature finds that presentation of evidence related to conditions of a less restrictive alternative that are beyond the authority of the court to order, and that would not exist in the absence of a court order, reduces the public respect for the rule of law and for the authority of the courts. Consequently, the legislature finds that the decision in In re the Detention of Casper Ross , 102 Wn. App 108 (2000), is contrary to the legislature's intent. The legislature hereby clarifies that it intends, and has always intended, in any proceeding under this chapter that the court and jury be presented only with conditions that would exist or that the court would have the authority to order in the absence of a finding that the person is a sexually violent predator.
RCW 71.09.300 — Washington Code / Title 71 / Chapter 09 / Section 300
RCW 71.09.300: Transition facilities—Staffing.
Status: in_force

Secure community transition facilities shall meet the following minimum staffing requirements: (1) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation counselor II or have a classification that indicates an equivalent or higher level of skill, experience, and training. (2)(a) For the secure transition facility located on McNeil Island, the direct care staffing level shall be at least three qualified, trained staff as described in subsection (3) of this section, unless there are no residents housed at the facility, in which case the facility need not staff to this ratio. (b) For the secure community transition facility located in Seattle, the direct care staffing level shall be at least two qualified, trained staff as described in subsection (3) of this section, unless there are no residents housed at the facility, in which case the facility need not staff to this ratio. (3) Before being assigned to a facility, all staff must have received training in sex offender issues, self-defense, and crisis de-escalation skills in addition to departmental orientation and, as appropriate, management training. All staff with resident treatment or care duties must participate in ongoing in-service training. (4) All staff must pass a departmental background check and the check is not subject to the limitations in chapter 9.96A RCW. A person who has been convicted of a felony, or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a resident of the facility.
RCW 71.24.593 — Washington Code / Title 71 / Chapter 24 / Section 593
RCW 71.24.593: Opioid use disorder treatment—Care of individuals and their newborns—Authority recommendations required.
Status: in_force

(1) Recognizing that treatment strategies and modalities for the treatment of individuals with opioid use disorder and their newborns continue to evolve, and that improved health outcomes are seen when birth parents and their infants are allowed to room together, the authority must provide recommendations to the office of financial management by October 1, 2019, to better support the care of individuals who have recently delivered and their newborns. (2) These recommendations must support: (a) Successful transition from the early postpartum and newborn period for the birth parent and infant to the next level of care; (b) Reducing the risk of parental infant separation; and (c) Increasing the chance of uninterrupted recovery of the parent and foster the development of positive parenting practices. (3) The authority's recommendations must include: (a) How these interventions could be supported in hospitals, birthing centers, or other appropriate sites of care and descriptions as to current barriers in providing these interventions; (b) Estimates of the costs needed to support this enhanced set of services; and (c) Mechanisms for funding the services.
RCW 71.24.645 — Washington Code / Title 71 / Chapter 24 / Section 645
RCW 71.24.645: Standards for certification or licensure of crisis stabilization units.
Status: in_force

The secretary shall license or certify crisis stabilization units that meet state minimum standards. The standards for certification or licensure of crisis stabilization units by the department must include standards that: (1) Permit location of the units at a jail facility if the unit is physically separate from the general population of the jail; (2) Require administration of the unit by mental health professionals who direct the stabilization and rehabilitation efforts; and (3) Provide an environment affording security appropriate with the alleged criminal behavior and necessary to protect the public safety.
RCW 71.24.450 — Washington Code / Title 71 / Chapter 24 / Section 450
RCW 71.24.450: Offenders with mental illnesses—Findings and intent.
Status: in_force

(1) Many offenders with acute and chronic mental illness are delayed in their release from Washington correctional facilities due to their inability to access reasonable treatment and living accommodations prior to the maximum expiration of their sentences. Often the offender reaches the end of his or her sentence and is released without any follow-up care, funds, or housing. These delays are costly to the state, often lead to psychiatric relapse, and result in unnecessary risk to the public. Many of these offenders lack the skills or emotional stability to maintain employment or even complete applications to receive entitlement funding. Housing and appropriate treatment are difficult to obtain. This lack of resources, funding, treatment, and housing creates additional stress for the offender with mental illness, impairing self-control and judgment. When the mental illness is instrumental in the offender's patterns of crime, such stresses may lead to a worsening of his or her illness, reoffending, and a threat to public safety. (2) It is the intent of the legislature to create a program to provide for postrelease mental health care and housing for a select group of offenders with mental illness entering community living, in order to reduce incarceration costs, increase public safety, and enhance the offender's quality of life.
RCW 71A.14.130 — Washington Code / Title 71A / Chapter 14 / Section 130
RCW 71A.14.130: Parent to parent program—Activities.
Status: in_force

Subject to the availability of funds appropriated for this specific purpose, activities of the parent to parent program may include: (1) Outreach and support to newly identified parents of children with special health care needs; (2) Trainings that educate parents in ways to support their child and navigate the complex health, educational, and social systems; (3) Ongoing peer support from a trained volunteer support parent; and (4) Regular communication with other local programs to ensure consistent practices.
RCW 71.24.910 — Washington Code / Title 71 / Chapter 24 / Section 910
RCW 71.24.910: Balance billing violations—Discipline.
Status: in_force

If the insurance commissioner reports to the department that he or she has cause to believe that a provider licensed under this chapter has engaged in a pattern of violations of RCW 48.49.020 or 48.49.030 or has violated RCW 48.43.732 , and the report is substantiated after investigation, the department may levy a fine upon the provider in an amount not to exceed $1,000 per violation and take other formal or informal disciplinary action as permitted under the authority of the department.
RCW 71.34.700 — Washington Code / Title 71 / Chapter 34 / Section 700
RCW 71.34.700: Evaluation of adolescent brought for immediate inpatient treatment—Temporary detention.
Status: in_force

(1) If an adolescent is brought to an evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, approved substance use disorder treatment program with available space, or hospital emergency room for immediate behavioral health services, the professional person in charge of the facility shall evaluate the adolescent's condition, determine whether the adolescent suffers from a behavioral health disorder, and whether the adolescent is in need of immediate inpatient treatment. (2) If it is determined under subsection (1) of this section that the adolescent suffers from a behavioral health disorder, inpatient treatment is required, the adolescent is unwilling to consent to voluntary admission, and the professional person believes that the adolescent meets the criteria for initial detention, the facility may detain or arrange for the detention of the adolescent for up to twelve hours, not including time periods prior to medical clearance, in order to enable a designated crisis responder to evaluate the adolescent and commence initial detention proceedings under the provisions of this chapter. (3) Dismissal of a commitment petition is not the appropriate remedy for a violation of the timeliness requirements of this section, based on the purpose of this chapter under RCW 71.34.010 , except in the few cases where the facility staff or the designated crisis responder have totally disregarded the requirements of this section.
RCW 71A.18.040 — Washington Code / Title 71A / Chapter 18 / Section 040
RCW 71A.18.040: Alternative service—Application—Determination—Reauthorization—Notice.
Status: in_force

(1) A person who is receiving a service under this title or the person's legal representative may request the secretary to authorize a service that is available under this title in place of a service that the person is presently receiving. (2) The secretary upon receiving a request for change of service shall consult in the manner provided in RCW 71A.10.070 and within ninety days shall determine whether the following criteria are met: (a) The alternative plan proposes a less dependent program than the person is participating in under current service; (b) The alternative service is appropriate under the goals and objectives of the person's individual service plan; (c) The alternative service is not in violation of applicable state and federal law; and (d) The service can reasonably be made available. (3) If the requested alternative service meets all of the criteria of subsection (2) of this section, the service shall be authorized as soon as reasonable, but not later than one hundred twenty days after completion of the determination process, unless the secretary determines that: (a) The alternative plan is more costly than the current plan; (b) Current appropriations are not sufficient to implement the alternative service without reducing services to existing clients; or (c) Providing alternative service would take precedence over other priorities for delivery of service. (4) The secretary shall give notice as provided in RCW 71A.10.060 of the grant of a request for a change of service. The secretary shall give notice as provided in RCW 71A.10.060 of denial of a request for change of service and of the right to an adjudicative proceeding. (5)(a) When the secretary has changed service from a residential habilitation center to a setting other than a residential habilitation center, the secretary shall reauthorize service at the residential habilitation center if the secretary in reevaluating the needs of the person finds that the person needs service in a residential habilitation center. (b) A person who has moved from a residential habilitation center that has closed to a community-based setting shall be offered a right to return to a residential habilitation center during the first year following their move to the community. (6) If the secretary determines that current appropriations are sufficient to deliver additional services without reducing services to persons who are presently receiving services, the secretary is authorized to give persons notice under RCW 71A.10.060 that they may request the services as new services or as changes of services under this section.
RCW 71.34.330 — Washington Code / Title 71 / Chapter 34 / Section 330
RCW 71.34.330: Attorneys appointed for minors—Compensation.
Status: in_force

Attorneys appointed for minors under this chapter shall be compensated for their services as follows: (1) Responsible others shall bear the costs of such legal services if financially able according to standards set by the court of the county in which the proceeding is held. (2) If all responsible others are indigent as determined by these standards, the behavioral health administrative services organization shall reimburse the county in which the proceeding is held for the direct costs of such legal services, as provided in RCW 71.05.730 .
RCW 71.06.120 — Washington Code / Title 71 / Chapter 06 / Section 120
RCW 71.06.120: Credit for time served in hospital.
Status: in_force

Time served by a sexual psychopath in a state hospital shall count as part of his or her sentence whether such sentence is pronounced before or after adjudication of his or her sexual psychopathy.
RCW 71.09.280 — Washington Code / Title 71 / Chapter 09 / Section 280
RCW 71.09.280: Transition facility—Release to less restrictive placement.
Status: in_force

When considering whether a person civilly committed under this chapter and conditionally released to a secure community transition facility is appropriate for release to a placement that is less restrictive than that facility, the court shall comply with the procedures set forth in RCW 71.09.090 through 71.09.096 . In addition, the court shall consider whether the person has progressed in treatment to the point that a significant change in the person's routine, including but not limited to a change of employment, education, residence, or sex offender treatment provider will not cause the person to regress to the point that the person presents a greater risk to the community than can reasonably be addressed in the proposed placement.
RCW 71.32.200 — Washington Code / Title 71 / Chapter 32 / Section 200
RCW 71.32.200: Fraud, duress, undue influence—Appointment of guardian.
Status: in_force

Any person with reasonable cause to believe that a directive has been created or revoked under circumstances amounting to fraud, duress, or undue influence may petition the court for appointment of a guardian for the person or to review the actions of the agent or person alleged to be involved in improper conduct under RCW 11.125.160 or chapter 74.34 RCW.
RCW 71.12.560 — Washington Code / Title 71 / Chapter 12 / Section 560
RCW 71.12.560: Voluntary patients—Receipt authorized—Application—Report.
Status: in_force

The person in charge of any private institution, hospital, or sanatorium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanatorium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanatorium. At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanatorium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanatorium, and such other information as may be required by rule of the department of social and health services.
RCW 71.24.887 — Washington Code / Title 71 / Chapter 24 / Section 887
RCW 71.24.887: Training support grants for community mental health providers—Behavioral health workforce pilot program.
Status: in_force

Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a behavioral health workforce pilot program and training support grants for community mental health providers including, but not limited to, clinical social workers, licensed mental health counselors, licensed marriage and family therapists, clinical psychologists, and substance abuse treatment providers. The authority must implement these services in partnership with and through the regional accountable communities of health or the University of Washington behavioral health institute. (1)(a) The intent of the pilot program is to provide incentive pay for individuals serving as clinical supervisors within community behavioral health agencies, state hospitals, and other facilities operated by the department of social and health services. The desired outcomes of the pilot program include increased internships and entry opportunities for new clinicians through recruitment and retention of supervisors. The authority must ensure the pilot program covers three sites serving primarily medicaid clients in both eastern and western Washington. One of the sites must specialize in the delivery of behavioral health services for medicaid enrolled children. Of the remaining two sites, one must offer substance use disorder treatment services. (b) The authority must provide a report to the office of financial management and the appropriate committees of the legislature by September 30, 2023, on the outcomes of the pilot program. The report must include: (i) A description of the mechanism for incentivizing supervisor pay and other strategies used at each of the sites; (ii) The number of supervisors that received bonus pay at each site; (iii) The number of students or prelicensure clinicians that received supervision at each site; (iv) The number of supervision hours provided at each site; (v) Initial reporting on the number of students or prelicensure clinicians who received supervision through the pilot programs that moved into a permanent position with the pilot program or another community behavioral health program in Washington state at the end of their supervision; (vi) Identification of options for establishing enhancement of supervisor pay through managed care organization payments to behavioral health providers; and (vii) Recommendations of individual site policy and practice implications for statewide implementation. (2) The authority shall establish a grant program to mental health and substance use disorder providers that provides flexible funding for training and mentoring of clinicians serving children and youth. The authority must consult with stakeholders, including but not limited to behavioral health experts in services for children and youth, providers, and consumers, to develop guidelines for how the funding could be used, with a focus on evidence-based and promising practices, continuing education requirements, and quality monitoring infrastructure.
RCW 71.24.665 — Washington Code / Title 71 / Chapter 24 / Section 665
RCW 71.24.665: Psychiatric treatment, evaluation, and bed utilization for American Indians and Alaska Natives—Report by authority.
Status: in_force

(1) The authority shall provide an annual report on psychiatric treatment and evaluation and bed utilization for American Indians and Alaska Natives starting on October 1, 2020. The report shall be available for review by the tribes, urban Indian health programs, and the American Indian health commission for Washington state. (2) Indian health care providers shall be included in any bed tracking system created by the authority.
RCW 71.24.924 — Washington Code / Title 71 / Chapter 24 / Section 924
RCW 71.24.924: Certified peer support specialists—Billing.
Status: in_force

(1) Beginning January 1, 2027, a person who engages in the practice of peer support services and who bills a health carrier or medical assistance or whose employer bills a health carrier or medical assistance for those services must hold an active credential as a certified peer support specialist or certified peer support specialist trainee under chapter 18.420 RCW. (2) A person who is registered as an agency affiliated counselor under chapter 18.19 RCW who engages in the practice of peer support services and whose agency, as defined in RCW 18.19.020 , bills medical assistance for those services must hold a certificate as a certified peer support specialist or certified peer support specialist trainee under chapter 18.420 RCW no later than January 1, 2027.
RCW 71.09.099 — Washington Code / Title 71 / Chapter 09 / Section 099
RCW 71.09.099: Conditional release to less restrictive alternative—Conditional release and transition facilities study.
Status: in_force

To facilitate the primary role of the department in identifying less restrictive alternative placements under RCW 71.09.090 and discharge planning under RCW 71.09.080 , subject to the availability of amounts appropriated for this specific purpose, the department shall conduct a study to explore the development of conditional release and transition facilities, which may include community-based state-operated living alternatives similar to the state-operated living alternative program operated by the developmental disabilities administration. Any facilities or placements developed under this section may be identified through a request for proposal process or through direct state acquisition and development. Any contracts with facilities or placements entered into under this section shall include a provision requiring oversight by the department to ensure the programs are operating appropriately.
RCW 71A.20.130 — Washington Code / Title 71A / Chapter 20 / Section 130
RCW 71A.20.130: Death of resident, payment of funeral expenses—Limitation.
Status: in_force

Upon the death of a resident of a residential habilitation center, the secretary may supplement such funds as were in the resident's account at the time of the person's death to provide funeral and burial expense for the deceased resident. These expenses shall not exceed funeral and burial expenses allowed under *RCW 74.08.120 .
RCW 71.32.180 — Washington Code / Title 71 / Chapter 32 / Section 180
RCW 71.32.180: Multiple directives, agents—Effect—Disclosure of court orders.
Status: in_force

(1) Where an incapacitated principal has executed more than one valid directive and has not revoked any of the directives: (a) The directive most recently created shall be treated as the principal's behavioral health treatment preferences and instructions as to any inconsistent or conflicting provisions, unless provided otherwise in either document. (b) Where a directive executed under this chapter is inconsistent with a directive executed under any other chapter, the most recently created directive controls as to the inconsistent provisions. (2) Where an incapacitated principal has appointed more than one agent under chapter 11.125 RCW with authority to make behavioral health treatment decisions, RCW 11.125.400 controls. (3) The treatment provider shall inquire of a principal whether the principal is subject to any court orders that would affect the implementation of his or her directive.
RCW 71.34.630 — Washington Code / Title 71 / Chapter 34 / Section 630
RCW 71.34.630: Adolescent not released from inpatient treatment facility by court petition—Release within thirty days—Initiation of proceedings to stop release.
Status: in_force

(1) If the adolescent is receiving inpatient treatment in a hospital setting and is not released as a result of the petition filed under RCW 71.34.620 , he or she shall be released not later than thirty days following the later of: (a) The date of the authority's determination under RCW 71.34.610 (2); or (b) the filing of a petition for judicial review under RCW 71.34.620 , unless a professional person or the designated crisis responder initiates proceedings under this chapter. (2) If the adolescent receiving treatment in a residential treatment facility is not released as a result of the petition filed under RCW 71.34.620 , he or she may remain in a residential treatment facility so long as it continues to be a medical necessity for the adolescent to receive such treatment.
RCW 71.24.630 — Washington Code / Title 71 / Chapter 24 / Section 630
RCW 71.24.630: Integrated, comprehensive screening and assessment process for substance use and mental disorders.
Status: in_force

(1) The authority shall maintain an integrated and comprehensive screening and assessment process for substance use and mental disorders and co-occurring substance use and mental disorders. (a) The process adopted shall include, at a minimum: (i) An initial screening tool that can be used by intake personnel systemwide and which will identify the most common types of co-occurring disorders; (ii) An assessment process for those cases in which assessment is indicated that provides an appropriate degree of assessment for most situations, which can be expanded for complex situations; (iii) Identification of triggers in the screening that indicate the need to begin an assessment; (iv) Identification of triggers after or outside the screening that indicate a need to begin or resume an assessment; (v) The components of an assessment process and a protocol for determining whether part or all of the assessment is necessary, and at what point; and (vi) Emphasis that the process adopted under this section is to replace and not to duplicate existing intake, screening, and assessment tools and processes. (b) The authority shall consider existing models, including those already adopted by other states, and to the extent possible, adopt an established, proven model. (c) The integrated, comprehensive screening and assessment process shall be implemented statewide by all substance use disorder and mental health treatment providers and designated crisis responders. (2) The authority shall provide for adequate training to effect statewide implementation and, upon request, shall report the rates of co-occurring disorders [and] the stage of screening or assessment at which the co-occurring disorder was identified to the appropriate committees of the legislature. (3) The authority shall establish performance-based contracts with managed care organizations and behavioral health administrative services organizations and implement the integrated screening and assessment process.
RCW 71.34.730 — Washington Code / Title 71 / Chapter 34 / Section 730
RCW 71.34.730: Petition for fourteen-day commitment—Requirements.
Status: in_force

(1) The professional person in charge of an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program where a minor has been admitted involuntarily for the initial one hundred twenty hour treatment period under this chapter may petition to have a minor committed to an evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program for fourteen-day diagnosis, evaluation, and treatment. If the professional person in charge of the facility does not petition to have the minor committed, the parent who has custody of the minor may seek review of that decision in court. The parent shall file notice with the court and provide a copy of the treatment and evaluation facility's report. (2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where the minor is being detained. (a) A petition for a fourteen-day commitment shall be signed by: (i) One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and (ii) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional. (b) 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. The person signing the petition must have examined the minor, and the petition must contain the following: (i) The name and address of the petitioner; (ii) The name of the minor alleged to meet the criteria for fourteen-day commitment; (iii) The name, telephone number, and address if known of every person believed by the petitioner to be legally responsible for the minor; (iv) A statement that the petitioner has examined the minor and finds that the minor's condition meets required criteria for fourteen-day commitment and the supporting facts therefor; (v) A statement that the minor has been advised of the need for voluntary treatment but has been unwilling or unable to consent to necessary treatment; (vi) If the petition is for mental health treatment, a statement that the minor has been advised of the loss of firearm rights if involuntarily committed; (vii) A statement recommending the appropriate facility or facilities to provide the necessary treatment; and (viii) A statement concerning whether a less restrictive alternative to inpatient treatment is in the best interests of the minor. (c) A copy of the petition shall be personally served on the minor by the petitioner or petitioner's designee. A copy of the petition shall be provided to the minor's attorney and the minor's parent.
RCW 71A.24.005 — Washington Code / Title 71A / Chapter 24 / Section 005
RCW 71A.24.005: Intent.
Status: in_force

(1) The legislature recognizes that the number of children who have developmental disabilities along with intense behaviors is increasing, and more families are seeking out-of-home placement for their children. (2) The legislature intends to create services and to develop supports for these children, family members, and others involved in the children's lives to avoid disruption to families, help prevent the need for out-of-home placement, and supplement the child welfare services a child may be receiving from the department of children, youth, and families. (3) The legislature directs the department to maintain a federal waiver through which services may be provided to allow children with developmental disabilities and intense behaviors to maintain permanent and stable familial relationships. The legislature intends for these services to be locally based and offered as early as possible to avoid family disruption and out-of-home placement, but also offered to children in out-of-home placement when necessary.
RCW 71.12.686 — Washington Code / Title 71 / Chapter 12 / Section 686
RCW 71.12.686: Pediatric transitional care services—Duties of the department of social and health services.
Status: in_force

After referral by the department of social and health services of an infant to an establishment approved to provide pediatric transitional care services, the department of social and health services: (1) Retains primary responsibility for case management and must provide consultation to the establishment regarding all placements and permanency planning issues, including developing a parent-child visitation plan; (2) Must work with the department and the establishment to identify and implement evidence-based practices that address current and best medical practices and parent participation; and (3) Work with the establishment to ensure medicaid-eligible services are so billed.
RCW 71A.18.030 — Washington Code / Title 71A / Chapter 18 / Section 030
RCW 71A.18.030: Rejection of service.
Status: in_force

An eligible person or the person's legal representative may reject an authorized service. Rejection of an authorized service shall not affect the person's eligibility for services and shall not eliminate the person from consideration for other services or for the same service at a different time or under different circumstances.
RCW 71.24.200 — Washington Code / Title 71 / Chapter 24 / Section 200
RCW 71.24.200: Expenditures of county funds subject to county fiscal laws.
Status: in_force

Expenditures of county funds under this chapter shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties.
RCW 71.05.180 — Washington Code / Title 71 / Chapter 05 / Section 180
RCW 71.05.180: Detention period for evaluation and treatment.
Status: in_force

If the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admits the person, it may detain him or her for evaluation and treatment for a period not to exceed one hundred twenty hours from the time of acceptance as set forth in RCW 71.05.170 . The computation of such one hundred twenty hour period shall exclude Saturdays, Sundays and holidays.
RCW 71.32.270 — Washington Code / Title 71 / Chapter 32 / Section 270
RCW 71.32.270: Family-initiated treatment.
Status: in_force

Nothing in this chapter restricts the right of a parent to seek behavioral health evaluation and treatment for a nonconsenting adolescent using family-initiated treatment laws under chapter 71.34 RCW.
RCW 71.05.027 — Washington Code / Title 71 / Chapter 05 / Section 027
RCW 71.05.027: Integrated comprehensive screening and assessment process for substance use and mental disorders.
Status: in_force

All persons providing treatment under this chapter shall also provide an integrated comprehensive screening and assessment process for substance use disorders and mental disorders adopted pursuant to RCW 71.24.630 .
RCW 71.34.620 — Washington Code / Title 71 / Chapter 34 / Section 620
RCW 71.34.620: Adolescent's court petition for release from inpatient treatment facility—Judicial review of medical necessity.
Status: in_force

Following the review conducted under RCW 71.34.610 , an adolescent may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the adolescent unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the adolescent to remain at the facility.
RCW 71A.16.010 — Washington Code / Title 71A / Chapter 16 / Section 010
RCW 71A.16.010: Referral for services—Admittance to residential habilitation centers—Expiration of subsections.
Status: in_force

(1) It is the intention of the legislature in this chapter to establish a single point of referral for persons with developmental disabilities and their families so that they may have a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. Eligible persons with developmental disabilities, whether they live in the community or residential habilitation centers, should have the opportunity to choose where they live. (2) Until June 30, 2003, and subject to subsection (3) of this section, if there is a vacancy in a residential habilitation center, the department shall offer admittance to the center to any eligible adult, or eligible adolescent on an exceptional case-by-case basis, with developmental disabilities if his or her assessed needs require the funded level of resources that are provided by the center. (3) The department shall not offer a person admittance to a residential habilitation center under subsection (2) of this section unless the department also offers the person appropriate community support services listed in RCW 71A.12.040 . (4) Community support services offered under subsection (3) of this section may only be offered using funds specifically designated for this purpose in the state operating budget. When these funds are exhausted, the department may not offer admittance to a residential habilitation center, or community support services under this section. (5) Nothing in this section shall be construed to create an entitlement to state services for persons with developmental disabilities. (6) Subsections (2) through (6) of this section expire June 30, 2003.
RCW 71A.10.901 — Washington Code / Title 71A / Chapter 10 / Section 901
RCW 71A.10.901: Saving—1988 c 176.
Status: repealed

The repeals made by sections 1005 through 1007, chapter 176, Laws of 1988, shall not be construed as affecting any existing right, status, or eligibility for services acquired under the provisions of the statutes repealed, nor as affecting the validity of any rule or order promulgated under the prior statutes, nor as affecting the status of any person appointed or employed under the prior statutes.
RCW 71.12.490 — Washington Code / Title 71 / Chapter 12 / Section 490
RCW 71.12.490: Expiration and renewal of license.
Status: in_force

All licenses issued under the provisions of this chapter shall expire on a date to be set by the department of health. No license issued pursuant to this chapter shall exceed thirty-six months in duration. Application for renewal of the license, accompanied by the necessary fee as established by the department of health under RCW 43.70.110 , shall be filed with that department, not less than thirty days prior to its expiration and if application is not so filed, the license shall be automatically canceled.
RCW 71.32.030 — Washington Code / Title 71 / Chapter 32 / Section 030
RCW 71.32.030: Construction of definitions.
Status: in_force

(1) The definition of informed consent is to be construed to be consistent with that term as it is used in chapter 7.70 RCW. (2) The definitions of mental disorder, behavioral health disorder, mental health professional, and professional person are to be construed to be consistent with those terms as they are defined in RCW 71.05.020 .
RCW 71.09.800 — Washington Code / Title 71 / Chapter 09 / Section 800
RCW 71.09.800: Rules.
Status: in_force

The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, for the oversight and operation of the program established pursuant to this chapter. Such rules shall include provisions for an annual inspection of the special commitment center; requirements for treatment plans and the retention of records; and guidelines for attorneys to follow when bringing legal materials into secure facilities. Guidelines for attorneys shall not interfere with attorney-client privilege.
RCW 71A.14.080 — Washington Code / Title 71A / Chapter 14 / Section 080
RCW 71A.14.080: Local authority to receive and spend funds.
Status: in_force

The county governing authority and the developmental disability board created under RCW 71A.14.020 are authorized to receive and spend funds received from the state under this chapter, or any federal funds received through any state agency, or any gifts or donations received by it for the benefit of persons with developmental disabilities.
RCW 71.12.460 — Washington Code / Title 71 / Chapter 12 / Section 460
RCW 71.12.460: License to be obtained—Penalty.
Status: in_force

(1) No person, association, county, municipality, public hospital district, or corporation, shall establish or keep, for compensation or hire, an establishment as defined in this chapter without first having obtained a license therefor from the department of health, complied with rules adopted under this chapter, and paid the license fee provided in this chapter. (2)(a) Beginning no later than July 1, 2025, the department shall issue a license under this chapter to an Indian health care provider, as defined in RCW 71.24.025 , attesting to have met the state minimum standards as an establishment if the Indian health care provider submits to the department a tribal attestation and payment of an administrative processing fee as established in rule. The department shall establish the administrative processing fee at a level sufficient to cover the administrative processing costs for the attestation while recognizing the reduced cost of an attestation compared to a standard license. (b) The issuance of a license under (a) of this subsection to an Indian health care provider only applies to holding a license under this chapter and does not satisfy any requirements that the Indian health care provider may have to meet other credentialing standards including, but not limited to, any licensure and certification requirements for behavioral health agencies under chapter 71.24 RCW, any certificate of need requirements under chapter 70.38 RCW, any construction review requirements, any applicable test site requirements under chapter 70.42 RCW, any applicable pharmacy [quality assurance] commission requirements, any fire protection standards established by the director of fire protection of the Washington state patrol, and any regulations established by local authorities. (3) Any person who carries on, conducts, or attempts to carry on or conduct an establishment as defined in this chapter without first having obtained a license from the department of health, as in this chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. The managing and executive officers of any corporation violating the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same effect as a private individual violating the same.
RCW 71.34.440 — Washington Code / Title 71 / Chapter 34 / Section 440
RCW 71.34.440: Detention of minors—Permission to leave facility.
Status: in_force

Nothing in this chapter shall prohibit the professional person in charge of a treatment facility, or his or her professional designee, from permitting a minor detained for intensive treatment to leave the facility for prescribed periods during the term of the minor's detention, under such conditions as may be appropriate.
RCW 71.40.060 — Washington Code / Title 71 / Chapter 40 / Section 060
RCW 71.40.060: Collaboration with department of social and health services.
Status: in_force

(1) For state hospitals as defined in RCW 72.23.010 , the state office of behavioral health consumer advocacy shall work with the department of social and health services to: (a) Establish specialized training for behavioral health consumer advocates to work with forensic and criminal justice involved populations at the state hospitals; (b) Create procedures and protocols that ensure that behavioral health consumer advocates have access to all state hospital patients and their families or guardians as needed to perform their duties, including persons who are awaiting admission to the state hospitals while in jail; (c) Establish guidelines for how the state office of behavioral health consumer advocacy will work and collaborate with existing state employees who serve in an ombuds or advocate role for the state hospitals and ensure all legal requirements for these personnel are maintained; and (d) Develop a direct reporting structure to the governor's office about any systemic issues that are discovered within the course of the advocates' duties within the state hospitals. (2) The state office of behavioral health consumer advocacy shall complete this work in collaboration with the department of social and health services by July 1, 2023, and prior to the deployment of behavioral health consumer advocates within the state hospitals. (3) The state office of behavioral health consumer advocacy shall make strong efforts to encourage individuals with lived experience specific to the state hospitals to undergo training to fulfill behavioral health consumer advocate positions at the state hospitals.
RCW 71A.12.340 — Washington Code / Title 71A / Chapter 12 / Section 340
RCW 71A.12.340: Residential services and supports program—Certification fee for complaint investigations—Requirements.
Status: in_force

(1) After initial certification, the certified provider must pay an annual certification fee in accordance with procedures adopted by the department. The annual certification fee must be established in the omnibus appropriations act and any amendment or additions made to that act. The certification fee established by the omnibus appropriations act or any amendment or additions to the act may not exceed the department's costs of conducting complaint investigations as described in RCW 71A.12.350 . The certification fee must include all of the department's cost of paying providers for the amount of the certification fee attributed to medicaid clients. (2) No fee may be required of government-operated programs or court-appointed receivers.
RCW 71.32.040 — Washington Code / Title 71 / Chapter 32 / Section 040
RCW 71.32.040: Presumption of capacity.
Status: in_force

For the purposes of this chapter, an adult is presumed to have capacity. A person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that they are capable of making informed decisions related to behavioral health care.
RCW 71.09.094 — Washington Code / Title 71 / Chapter 09 / Section 094
RCW 71.09.094: Conditional release to less restrictive alternative—Verdict.
Status: in_force

(1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in RCW 71.09.092 have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative. (2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt that either: (a) The proposed less restrictive alternative is not in the best interests of respondent; or (b) does not include conditions that would adequately protect the community? Answer: Yes or No.
RCW 71A.12.120 — Washington Code / Title 71A / Chapter 12 / Section 120
RCW 71A.12.120: Authority to participate in federal programs.
Status: in_force

(1) The governor may take whatever action is necessary to enable the state to participate in the manner set forth in this title in any programs provided by any federal law and to designate state agencies authorized to administer within this state the several federal acts providing federal moneys to assist in providing services and training at the state or local level for persons with developmental disabilities and for persons who work with persons with developmental disabilities. (2) Designated state agencies may apply for and accept and disburse federal grants, matching funds, or other funds or gifts or donations from any source available for use by the state or by local government to provide more adequate services for and habilitation of persons with developmental disabilities.
RCW 71.24.435 — Washington Code / Title 71 / Chapter 24 / Section 435
RCW 71.24.435: Behavioral health system—Improvement strategy.
Status: in_force

(1) The systems responsible for financing, administration, and delivery of publicly funded mental health and substance use disorder services to adults must be designed and administered to achieve improved outcomes for adult clients served by those systems through increased use and development of evidence-based, research-based, and promising practices, as defined in RCW 71.24.025 . For purposes of this section, client outcomes include: Improved health status; increased participation in employment and education; reduced involvement with the criminal justice system; enhanced safety and access to treatment for forensic patients; reduction in avoidable utilization of and costs associated with hospital, emergency room, and crisis services; increased housing stability; improved quality of life, including measures of recovery and resilience; and decreased population level disparities in access to treatment and treatment outcomes. (2) The authority must implement a strategy for the improvement of the behavioral health system.
RCW 71.06.140 — Washington Code / Title 71 / Chapter 06 / Section 140
RCW 71.06.140: State hospitals for care of sexual psychopaths—Transfers to correctional institutions—Examinations, reports.
Status: in_force

The department may designate one or more state hospitals for the care and treatment of sexual psychopaths: PROVIDED, That a committed sexual psychopath who has been determined by the superintendent of such mental hospital to be a custodial risk, or a hazard to other patients may be transferred by the secretary of social and health services, with the consent of the secretary of corrections, to one of the correctional institutions within the department of corrections which has psychiatric care facilities. A committed sexual psychopath who has been transferred to a correctional institution shall be observed and treated at the psychiatric facilities provided by the correctional institution. A complete psychiatric examination shall be given to each sexual psychopath so transferred at least twice annually. The examinations may be conducted at the correctional institution or at one of the mental hospitals. The examiners shall report in writing the results of said examinations, including recommendations as to future treatment and custody, to the superintendent of the mental hospital from which the sexual psychopath was transferred, and to the committing court, with copies of such reports and recommendations to the superintendent of the correctional institution.
RCW 71A.18.010 — Washington Code / Title 71A / Chapter 18 / Section 010
RCW 71A.18.010: Individual service plans.
Status: in_force

The secretary may produce and maintain an individual service plan for each eligible person. An individual service plan is a plan that identifies the needs of a person for services and determines what services will be in the best interests of the person and will meet the person's needs.
RCW 71.09.285 — Washington Code / Title 71 / Chapter 09 / Section 285
RCW 71.09.285: Transition facility—Siting policy guidelines.
Status: in_force

(1) Except with respect to the secure community transition facility established pursuant to RCW 71.09.250 , the secretary shall develop policy guidelines that balance the average response time of emergency services to the general area of a proposed secure community transition facility against the proximity of the proposed site to risk potential activities and facilities in existence at the time the site is listed for consideration. (2) In no case shall the policy guidelines permit location of a facility adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time a site is listed for consideration. "Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. (3) The policy guidelines shall require that great weight be given to sites that are the farthest removed from any risk potential activity. (4) The policy guidelines shall specify how distance from the location is measured and any variations in the measurement based on the size of the property within which a proposed facility is to be located. (5) The policy guidelines shall establish a method to analyze and compare the criteria for each site in terms of public safety and security, site characteristics, and program components. In making a decision regarding a site following the analysis and comparison, the secretary shall give priority to public safety and security considerations. The analysis and comparison of the criteria are to be documented and made available at the public hearings prescribed in RCW 71.09.315 . (6) Policy guidelines adopted by the secretary under this section shall be considered by counties and cities when providing for the siting of secure community transition facilities as required under RCW 36.70A.200 .
RCW 71A.10.060 — Washington Code / Title 71A / Chapter 10 / Section 060
RCW 71A.10.060: Notice by secretary.
Status: in_force

(1) Whenever this title requires the secretary to give notice, the secretary shall give notice to the person with a developmental disability and, except as provided in subsection (3) of this section, to at least one other person. The other person shall be the first person known to the secretary in the following order of priority: (a) A legal representative of the person with a developmental disability; (b) A parent of a person with a developmental disability who is eighteen years of age or older; (c) Other kin of the person with a developmental disability, with preference to persons with the closest kinship; (d) The Washington protection and advocacy system for the rights of persons with developmental disabilities, appointed in compliance with 42 U.S.C. Sec. 6042; or (e) A person who is not an employee of the department or of a person who contracts with the department under this title who, in the opinion of the secretary, will be concerned with the welfare of the person. (2) Notice to a person with a developmental disability shall be given in a way that the person is best able to understand. This can include reading or explaining the materials to the person. (3) A person with a developmental disability may in writing request the secretary to give notice only to that person. The secretary shall comply with that direction unless the secretary denies the request because the person may be at risk of losing rights if the secretary complies with the request. The secretary shall give notice as provided in subsections (1) and (2) of this section. On filing an application with the secretary within thirty days of receipt of the notice, the person who made the request has the right to an adjudicative proceeding under RCW 71A.10.050 on the secretary's decision. (4) The giving of notice to a person under this title does not empower the person who is given notice to take any action or give any consent.
RCW 71.24.720 — Washington Code / Title 71 / Chapter 24 / Section 720
RCW 71.24.720: Less restrictive alternative treatment—Transition teams.
Status: in_force

The authority shall coordinate with the department of social and health services to offer contracts to community behavioral health agencies to support the nonmedicaid costs entailed in fulfilling the agencies' role as transition team members for a person recommended for conditional release to a less restrictive alternative under *RCW 10.77.550 , or for a person who qualifies for multidisciplinary transition team services under RCW 71.05.320 (6)(a)(i). The authority may establish requirements, provide technical assistance, and provide training as appropriate and within available funding.
RCW 71.24.125 — Washington Code / Title 71 / Chapter 24 / Section 125
RCW 71.24.125: Grant program—Treatment services—Regional access standards.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a grant program to: (a) Provide treatment services for low-income individuals with substance use disorder who are not eligible for medical assistance programs under chapter 74.09 RCW, with priority for the use of the funds for very low-income individuals; and (b) Provide treatment services that are not eligible for federal matching funds to individuals who are enrolled in medical assistance programs under chapter 74.09 RCW. (2) In establishing the grant program, the authority shall consult with the substance use recovery services advisory committee established in RCW 71.24.546 , behavioral health administrative services organizations, managed care organizations, and regional behavioral health providers to adopt regional standards that are consistent with the substance use recovery services plan developed under RCW 71.24.546 to provide sufficient access for youth and adults to meet each region's needs for: (a) Opioid use disorder treatment programs; (b) Low-barrier buprenorphine clinics; (c) Outpatient substance use disorder treatment; (d) Withdrawal management services, including both subacute and medically managed withdrawal management; (e) Secure withdrawal management and stabilization services; (f) Inpatient substance use disorder treatment services; (g) Inpatient co-occurring disorder treatment services; and (h) Behavioral health crisis walk-in and drop-off services. (3) Funds in the grant program must be used to reimburse providers for the provision of services to individuals identified in subsection (1) of this section. The authority may use the funds to support evidence-based practices and promising practices that are not reimbursed by medical assistance or private insurance, including contingency management. In addition, funds may be used to provide assistance to organizations to establish or expand services as reasonably necessary and feasible to increase the availability of services to achieve the regional access standards developed under subsection (2) of this section, including such items as training and recruitment of personnel, reasonable modifications to existing facilities to accommodate additional clients, start-up funding, and similar forms of assistance. Funds may not be used to support the ongoing operational costs of a provider or organization, except in relation to payments for specific service encounters with an individual identified in subsection (1) of this section or for noninsurance reimbursable services. (4) The authority must establish regional access standards under subsection (2) of this section, subject to the availability of amounts appropriated for this specific purpose, by January 1, 2023, and begin distributing grant funds by March 1, 2023.
RCW 71.24.911 — Washington Code / Title 71 / Chapter 24 / Section 911
RCW 71.24.911: Statewide behavioral health treatment and recovery support services mapping tool.
Status: in_force

Subject to funding provided for this specific purpose, the authority must collaborate with the department and the department of social and health services to expand the Washington recovery helpline and the recovery readiness asset tool to provide a dynamically updated statewide behavioral health treatment and recovery support services mapping tool that includes a robust resource database for those seeking services and a referral system to be incorporated within the locator tool to help facilitate the connection between an individual and a facility that is currently accepting new referrals. The tool must include dual interface capability, one for public access and one for internal use and management.
RCW 71.34.510 — Washington Code / Title 71 / Chapter 34 / Section 510
RCW 71.34.510: Notice to parents of adolescent voluntarily admitted to inpatient treatment—When required—Duties of professional person in charge—Form of notice.
Status: in_force

(1) The professional person in charge of an evaluation and treatment facility shall provide notice to the parent of an adolescent when the adolescent is voluntarily admitted to inpatient treatment under RCW 71.34.500 solely for mental health treatment and not for substance use disorder treatment, unless the professional person has a compelling reason to believe that such disclosure would be detrimental to the adolescent or contact cannot be made, in which case the professional person must document the reasons in the adolescent's medical record. (2) The professional person in charge of an evaluation and treatment facility or an approved substance use disorder treatment program shall provide notice to the parent of an adolescent voluntarily admitted to inpatient treatment under RCW 71.34.500 for substance use disorder treatment only if: (a) The adolescent provides written consent to the disclosure of the fact of admission and such other substance use disorder treatment information in the notice; or (b) permitted by federal law. (3) If the professional person withholds notice to a parent under subsection (1) of this section, or such notice cannot be provided, the professional person in charge of the facility must consult the information that the Washington state patrol makes publicly available under RCW 43.43.510 (2) at least once every eight hours for the first seventy-two hours of treatment and once every twenty-four hours thereafter while the adolescent continues to receive inpatient services and until the time that the professional person contacts a parent of the adolescent. If the adolescent is publicly listed as missing, the professional person must immediately notify the department of children, youth, and families of its contact with the youth listed as missing. The notification must include a description of the adolescent's physical and emotional condition. (4) The notice required under subsections (1) and (2) of this section shall be in the form most likely to reach the parent within twenty-four hours of the adolescent's voluntary admission and shall advise the parent: (a) That the adolescent has been admitted to inpatient treatment; (b) of the location and telephone number of the facility providing such treatment; (c) of the name of a professional person on the staff of the facility providing treatment who is designated to discuss the adolescent's need for inpatient treatment with the parent; and (d) of the medical necessity for admission. Notification efforts under subsections (1) and (2) of this section shall begin as soon as reasonably practicable, considering the adolescent's immediate medical needs.
RCW 71.34.379 — Washington Code / Title 71 / Chapter 34 / Section 379
RCW 71.34.379: Notice to parent or guardian—Treatment options—Policy and protocol adoption—Report.
Status: in_force

Facilities licensed under chapter 70.41 , 71.12, or 72.23 RCW are required to adopt policies and protocols regarding the notice requirements described in RCW 71.34.375 .
RCW 71.24.635 — Washington Code / Title 71 / Chapter 24 / Section 635
RCW 71.24.635: Cannabis consumption—Health care provider guidance—Promotion of reduction and cessation programs for populations at risk of serious complications—Request for proposal—Report.
Status: in_force

(1) Subject to amounts appropriated for this specific purpose, the health care authority must issue a request for proposal and contract with an entity to develop, implement, test, and evaluate guidance and health interventions for health care providers and patients at risk for developing serious complications due to cannabis consumption who are seeking care in emergency departments, primary care settings, behavioral health settings, other health care facilities, and for use by state poison control and recovery hotlines to promote cannabis use reduction and cessation for the following populations: (a) Youth and adults at high risk of adverse mental health impacts from use of high THC cannabis; (b) Youth and adults who have experienced a cannabis-induced first episode psychosis but do not have a diagnosis of a psychotic disorder; and (c) Youth and adults who have a diagnosed psychotic disorder and use cannabis. (2) The health care authority must submit a preliminary report to the appropriate committees of the legislature summarizing the progress toward developing and testing health interventions and recruiting patients and health care facilities to participate by December 1, 2025. The health care authority must provide a progress report on initial outcomes of the health interventions for participating patients and health care facilities by July 1, 2027. The health care authority must submit a final report to the appropriate committees of the legislature summarizing the results of the interventions and any recommendations for implementation of health interventions by December 1, 2028. (3) A contract entered under the authorization in this section must include, in the scope of work, data gathering on adverse health impacts occurring in Washington associated with consumption of high THC cannabis, and data gathered must be included in the reports submitted to the legislature under this section. (4) This section expires December 31, 2028.
RCW 71.05.260 — Washington Code / Title 71 / Chapter 05 / Section 260
RCW 71.05.260: Release from involuntary intensive treatment—Exception.
Status: in_force

(1) Involuntary intensive treatment ordered at the time of the probable cause hearing shall be for no more than fourteen days, and shall terminate sooner when, in the opinion of the professional person in charge of the facility or his or her professional designee, (a) the person no longer constitutes a likelihood of serious harm, or (b) no longer is gravely disabled, or (c) is prepared to accept voluntary treatment upon referral, or (d) is to remain in the facility providing intensive treatment on a voluntary basis. (2) A person who has been detained for fourteen days of intensive treatment shall be released at the end of the fourteen days unless one of the following applies: (a) Such person agrees to receive further treatment on a voluntary basis; or (b) such person is a patient to whom RCW 71.05.280 is applicable.
RCW 71.05.325 — Washington Code / Title 71 / Chapter 05 / Section 325
RCW 71.05.325: Release—Authorized leave—Notice to prosecuting attorney.
Status: in_force

(1) Before a person committed under grounds set forth in RCW 71.05.280 (3) is released because a new petition for involuntary treatment has not been filed under RCW 71.05.320 (4), the superintendent, professional person, or designated crisis responder responsible for the decision whether to file a new petition shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision not to file a new petition for involuntary treatment. Notice shall be provided at least forty-five days before the period of commitment expires. (2)(a) Before a person committed under grounds set forth in RCW 71.05.280 (3) is permitted temporarily to leave a treatment facility pursuant to RCW 71.05.270 for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county of the person's destination and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed. The notice shall be provided at least forty-five days before the anticipated leave and shall describe the conditions under which the leave is to occur. (b) The provisions of RCW 71.05.330 (2) apply to proposed leaves, and either or both prosecuting attorneys receiving notice under this subsection may petition the court under RCW 71.05.330 (2). (3) Nothing in this section shall be construed to authorize detention of a person unless a valid order of commitment is in effect. (4) The existence of the notice requirements in this section will not require any extension of the leave date in the event the leave plan changes after notification. (5) The notice requirements contained in this section shall not apply to emergency medical transfers. (6) The notice provisions of this section are in addition to those provided in RCW 71.05.425 .
RCW 71.05.156 — Washington Code / Title 71 / Chapter 05 / Section 156
RCW 71.05.156: Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability.
Status: in_force

A designated crisis responder who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does not meet the imminent standard for emergency detention.
RCW 71.24.850 — Washington Code / Title 71 / Chapter 24 / Section 850
RCW 71.24.850: Regional service areas—Report—Managed care integration.
Status: in_force

(1) By December 1, 2018, the department of social and health services and the authority shall report to the governor and the legislature regarding the preparedness of each regional service area to provide mental health services, chemical dependency services, and medical care services to medicaid clients under a fully integrated managed care health system. (2) By January 1, 2020, the community behavioral health program must be fully integrated in a managed care health system that provides mental health services, chemical dependency services, and medical care services to medicaid clients.
RCW 71.09.255 — Washington Code / Title 71 / Chapter 09 / Section 255
RCW 71.09.255: Transition facilities—Incentive grants and payments.
Status: in_force

(1) Upon receiving the notification required by RCW 71.09.250 , counties must promptly notify the cities within the county of the maximum number of secure community transition facility beds that may be required and the projected number of beds to be needed in that county. (2) The incentive grants and payments provided under this section are subject to the following provisions: (a) Counties and the cities within the county must notify each other of siting plans to promote the establishment and equitable distribution of secure community transition facilities; (b) Development regulations, ordinances, plans, laws, and criteria established for siting must be consistent with statutory requirements and rules applicable to siting and operating secure community transition facilities; (c) The minimum size for any facility is three beds; and (d) The department must approve any sites selected. (3) Any county or city that makes a commitment to initiate the process to site one or more secure community transition facilities by one hundred twenty days after March 21, 2002, shall receive a planning grant as proposed and approved by the department of commerce. (4) Any county or city that has issued all necessary permits by May 1, 2003, for one or more secure community transition facilities that comply with the requirements of this section shall receive an incentive grant in the amount of fifty thousand dollars for each bed sited. (5) To encourage the rapid permitting of sites, any county or city that has issued all necessary permits by January 1, 2003, for one or more secure community transition facilities that comply with the requirements of this section shall receive a bonus in the amount of twenty percent of the amount provided under subsection (4) of this section. (6) Any county or city that establishes secure community transition facility beds in excess of the maximum number that could be required to be sited in that county shall receive a bonus payment of one hundred thousand dollars for each bed established in excess of the maximum requirement. (7) No payment shall be made under subsection (4), (5), or (6) of this section until all necessary permits have been issued. (8) The funds available to counties and cities under this section are contingent upon funds being appropriated by the legislature.
RCW 71.09.265 — Washington Code / Title 71 / Chapter 09 / Section 265
RCW 71.09.265: Transition facilities—Distribution of impact.
Status: in_force

(1) The department shall make reasonable efforts to distribute the impact of the employment, education, and social services needs of the residents of the secure community transition facility established pursuant to RCW 71.09.250 (1) among the adjoining counties and not to concentrate the residents' use of resources in any one community. (2) The department shall develop policies to ensure that, to the extent possible, placement of persons eligible in the future for conditional release to a setting less restrictive than the facility established pursuant to RCW 71.09.250 (1) will be equitably distributed among the counties and within jurisdictions in the county.
RCW 71.34.500 — Washington Code / Title 71 / Chapter 34 / Section 500
RCW 71.34.500: Self-admission of adolescent for inpatient behavioral health treatment or substance use disorder treatment—Requirements.
Status: in_force

(1) An adolescent may admit himself or herself to an evaluation and treatment facility for inpatient mental health treatment or an approved substance use disorder treatment program for inpatient substance use disorder treatment without parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment. Parental authorization, or authorization from a person who may consent on behalf of the minor pursuant to RCW 7.70.065 , is required for inpatient treatment of a minor under the age of thirteen. (2) When, in the judgment of the professional person in charge of an evaluation and treatment facility or approved substance use disorder treatment program, there is reason to believe that a minor is in need of inpatient treatment because of a behavioral health disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to the facility. (3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.
RCW 71.32.220 — Washington Code / Title 71 / Chapter 32 / Section 220
RCW 71.32.220: Requiring directive prohibited.
Status: in_force

A person shall not be required to execute or to refrain from executing a directive, nor shall the existence of a directive be used as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of admission to or discharge from a health care facility or long-term care facility.
RCW 71.24.405 — Washington Code / Title 71 / Chapter 24 / Section 405
RCW 71.24.405: Streamlining delivery system.
Status: in_force

The authority shall work comprehensively and collaboratively with behavioral health administrative services organizations and with local behavioral health service providers to create innovative and streamlined community behavioral health service delivery systems and to capture the diversity of the community behavioral health service delivery system. The authority shall periodically: (1) Identify, review, and catalog all rules, regulations, duplicative administrative and monitoring functions, and other requirements that lead to inefficiencies in the community behavioral health service delivery system and, if possible, eliminate the requirements; (2) Review regulations, contracts, and reporting requirements to ensure achievement of outcomes for behavioral health adult and children clients under RCW 71.24.435 ; (3) Involve behavioral health consumers and their representatives; and (4) Provide for an independent evaluation component to measure the success of the authority in fully implementing the provisions of RCW 71.24.400 and this section.
RCW 71.34.320 — Washington Code / Title 71 / Chapter 34 / Section 320
RCW 71.34.320: Transfer of superior court proceedings to juvenile department.
Status: in_force

For purposes of this chapter, a superior court may transfer proceedings under this chapter to its juvenile department.
RCW 71.34.400 — Washington Code / Title 71 / Chapter 34 / Section 400
RCW 71.34.400: Eligibility for medical assistance under chapter 74.09 RCW—Payment by authority.
Status: in_force

For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health or inpatient substance use disorder treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the authority or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the authority shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the authority.
RCW 71.34.680 — Washington Code / Title 71 / Chapter 34 / Section 680
RCW 71.34.680: Data collection and tracking system for adolescents receiving treatment.
Status: in_force

The authority shall develop and operate a data collection and tracking system for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 . In implementing this data collection and tracking system, the authority shall, in collaboration with the department of health, collect information from facilities serving adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 including, if possible, the following information: (1) The names of facilities serving adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 ; (2) The number of adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 who are defined as dependent children under chapter 13.34 RCW; (3) Demographic information about the adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 ; (4) The diagnosis upon entry for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 ; (5) Length of stay for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 ; and (6) Information related to the discharge summary for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 .
RCW 71A.12.090 — Washington Code / Title 71A / Chapter 12 / Section 090
RCW 71A.12.090: Eligibility of parent for services.
Status: in_force

If a person with developmental disabilities is the parent of a child who is about to be placed for adoption or foster care by the secretary, the parent shall be eligible to receive services in order to promote the integrity of the family unit.
RCW 71.24.597 — Washington Code / Title 71 / Chapter 24 / Section 597
RCW 71.24.597: Opioid overdose reversal medication—Coordinated purchasing and distribution.
Status: in_force

By October 1, 2019, the authority must work with the department, the accountable communities of health, and community stakeholders to develop a plan for the coordinated purchasing and distribution of opioid overdose reversal medication across the state of Washington. The plan must be developed in consultation with the University of Washington's alcohol and drug abuse institute and community agencies participating in the federal demonstration grant titled Washington state project to prevent prescription drug or opioid overdose.
RCW 71A.12.370 — Washington Code / Title 71A / Chapter 12 / Section 370
RCW 71A.12.370: Medicaid waiver—Eligibility—Transfer.
Status: in_force

(1) Services provided through a medicaid waiver administered by the department, to the extent consistent with federal law and federal funding requirements, shall be provided to eligible individuals who meet the following criteria on or after July 23, 2023: (a)(i) Are subject to a dependency; (ii) Are receiving extended foster care services as defined in RCW 74.13.020 ; or (iii) Exited a dependency or discontinued extended foster care services as defined in RCW 74.13.020 ; and (b) Will begin receiving waiver services prior to the individual's 25th birthday. (2) Persons meeting the criteria in subsection (1) of this section who are receiving services under the children's intensive behavioral support services waiver under RCW 71A.24.010 must be immediately transferred to a different waiver without a break in waiver coverage when, based on their age, they no longer qualify for the waiver under which they have been receiving services. (3) For purposes of this section, a "dependency" includes both a dependency under chapter 13.34 RCW and circumstances in which an Indian child is in the custody of a federally recognized Indian tribe as defined in RCW 43.376.010 or the tribe's placing agency.
RCW 71.05.025 — Washington Code / Title 71 / Chapter 05 / Section 025
RCW 71.05.025: Integration with chapter 71.24 RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services.
Status: in_force

The legislature intends that the procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum extent necessary to assure an appropriate continuum of care for persons with behavioral health disorders, as defined in either or both this chapter and chapter 71.24 RCW. To this end, behavioral health administrative services organizations established in accordance with chapter 71.24 RCW shall institute procedures which require timely consultation with resource management services by designated crisis responders, managed care organizations, evaluation and treatment facilities, secure withdrawal management and stabilization facilities, and approved substance use disorder treatment programs to assure that determinations to admit, detain, commit, treat, discharge, or release persons with behavioral health disorders under this chapter are made only after appropriate information regarding such person's treatment history and current treatment plan has been sought from resource management services.
RCW 71A.12.380 — Washington Code / Title 71A / Chapter 12 / Section 380
RCW 71A.12.380: Medicaid waiver—Eligibility modification—Dependent children and youth with developmental disabilities.
Status: in_force

(1) No later than January 1, 2024, the department shall submit to the federal government a request for approval to modify eligibility requirements for the services provided through a medicaid waiver administered by the department to include eligible individuals as specified in RCW 71A.12.370 . To the extent consistent with federal law and federal funding requirements, the department shall provide services to eligible individuals as specified in RCW 71A.12.370 through a medicaid waiver administered by the department beginning no later than December 1, 2024. (2)(a) The legislature recognizes that children and youth with developmental disabilities who are subject to a dependency have unique support needs. To this end, the legislature intends to explore establishing a new medicaid waiver for this population. (b) By December 1, 2025, the department shall submit a report to the governor and the appropriate committees of the legislature on the feasibility of establishing a new medicaid waiver tailored to meet the needs of dependent children and youth with developmental disabilities who are age 20 or younger and who meet the criteria identified in RCW 71A.12.370 (1) and cannot be adequately served through one of the five medicaid waivers administered by the department as of July 23, 2023. The services provided in this waiver shall supplement, and not supplant, the child welfare services and supports a child or youth is entitled to or receives under Title IV-E of the social security act from the department of children, youth, and families, and may not duplicate services or supports available through other funding sources. The report must include: (i) A comprehensive list and description of the services anticipated to be included in the new waiver and the associated costs by each age group; (ii) Information on approaches taken by other states to serve children and youth in dependencies with developmental disabilities; and (iii) Information on the outcome of services being provided under the amended waivers referenced in subsection (1) of this section. (3) The department shall be the lead administrative agency for the waiver design for dependent children and youth and shall collaborate with the department of children, youth, and families and other relevant stakeholders to identify the services and supports currently provided to dependent children and youth and identify services and supports that will supplement supports already provided. The department of children, youth, and families shall provide to the department all information and data that is necessary for the department to determine eligibility for services, to provide appropriate and timely services and supports to qualifying children and youth, to implement and maintain compliance with federal funding requirements, and to complete design of the new waiver.
RCW 71A.12.280 — Washington Code / Title 71A / Chapter 12 / Section 280
RCW 71A.12.280: Community protection program—Rules, guidelines, and policy manuals.
Status: in_force

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The department shall develop and maintain rules, guidelines, or policy manuals, as appropriate, for implementing and maintaining the community protection program under this chapter.
RCW 71A.14.060 — Washington Code / Title 71A / Chapter 14 / Section 060
RCW 71A.14.060: Local authority to provide services.
Status: in_force

The secretary by rule may authorize the county and the developmental disability board to provide any service for persons with developmental disabilities that the department is authorized to provide, except for operating residential habilitation centers under chapter 71A.20 RCW.
RCW 71.05.012 — Washington Code / Title 71 / Chapter 05 / Section 012
RCW 71.05.012: Legislative intent and finding.
Status: in_force

It is the intent of the legislature to enhance continuity of care for persons with serious behavioral health disorders that can be controlled or stabilized in a less restrictive alternative commitment. Within the guidelines stated in In re LaBelle [,] 107 Wn. 2d 196 (1986), the legislature intends to encourage appropriate interventions at a point when there is the best opportunity to restore the person to or maintain satisfactory functioning. For persons with a prior history or pattern of repeated hospitalizations or law enforcement interventions due to decompensation, the consideration of prior history is particularly relevant in determining whether the person would receive, if released, such care as is essential for his or her health or safety. Therefore, the legislature finds that for persons who are currently under a commitment order, a prior history of decompensation leading to repeated hospitalizations or law enforcement interventions should be given great weight in determining whether a new less restrictive alternative commitment should be ordered.
RCW 71.12.485 — Washington Code / Title 71 / Chapter 12 / Section 485
RCW 71.12.485: Fire protection—Duties of chief of the Washington state patrol.
Status: in_force

Standards for fire protection and the enforcement thereof, with respect to all establishments to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as may be applicable to such establishments for the protection of life against the cause and spread of fire and fire hazards. The department of health, upon receipt of an application for a license, or renewal of a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy shall make an inspection of the establishment to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the establishment and the department of health as to the manner and time allowed in which the premises must qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department of health, applicant or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the director of fire protection or his or her deputy shall make a reinspection of such premises. Whenever the establishment to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department of health a written report approving same with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such establishments at least annually. The department of health shall not license or continue the license of any establishment unless and until it shall be approved by the chief of the Washington state patrol, through the director of fire protection, as herein provided. In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the chief of the Washington state patrol, through the director of fire protection, for such establishments, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, and they shall jointly approve the premises before a full license can be issued.
RCW 71.32.230 — Washington Code / Title 71 / Chapter 32 / Section 230
RCW 71.32.230: Coercion, threats prohibited.
Status: in_force

No person or health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those terms are defined in RCW 74.34.020 , to carry out the directive.
RCW 71.24.612 — Washington Code / Title 71 / Chapter 24 / Section 612
RCW 71.24.612: Prenatal substance exposure—Recommendations.
Status: in_force

(1) By June 1, 2024, the authority shall submit to the legislature recommendations on ways to increase access to diagnoses, treatment, services, and supports for children who were exposed to alcohol or other substances during pregnancy and their families and caregivers. In creating the recommendations, the authority shall consult with service providers, medical professionals with expertise in diagnosing and treating prenatal substance exposure, families of children who were exposed to alcohol or other substances during pregnancy, communities affected by prenatal substance exposure, and advocates. (2) The recommendations adopted under subsection (1) of this section shall, at a minimum, address: (a) Increasing the availability of evaluation and diagnosis services for children and youth for fetal alcohol spectrum disorders and other prenatal substance disorders, including assuring an adequate payment rate for the interdisciplinary team required for diagnosis and developing sufficient capacity in rural and urban areas so that every child is able to access diagnosis services; and (b) Increasing the availability of treatment for fetal alcohol spectrum disorders and other prenatal substance disorders for all children and youth including all treatments and services recommended by the federal centers for disease control and prevention. The authority shall review all barriers to accessing treatment and make recommendations on removing those barriers, including recommendations related to the definition of medical necessity, prior authorization requirements for diagnosis and treatment services, and limitations of treatment procedure codes and insurance coverage.
RCW 71.24.155 — Washington Code / Title 71 / Chapter 24 / Section 155
RCW 71.24.155: Grants to behavioral health administrative services, managed care organizations, and Indian health care providers—Accounting.
Status: in_force

Grants shall be made by the authority to behavioral health administrative services organizations, managed care organizations for community behavioral health programs, and Indian health care providers who have community behavioral health programs totaling not less than ninety-five percent of available resources. The authority may use up to forty percent of the remaining five percent to provide community demonstration projects, including early intervention or primary prevention programs for children, and the remainder shall be for emergency needs and technical assistance under this chapter.
RCW 71.34.720 — Washington Code / Title 71 / Chapter 34 / Section 720
RCW 71.34.720: Examination and evaluation of minor approved for inpatient admission—Referral to a secure withdrawal management and stabilization facility or substance use disorder treatment program—Right to communication, exception—Evaluation and treatment period.
Status: in_force

(1) Each minor approved by the facility for inpatient admission shall be examined and evaluated by a children's mental health specialist, for minors admitted as a result of a mental disorder, or by a substance use disorder professional or co-occurring disorder specialist, for minors admitted as a result of a substance use disorder, as to the child's mental condition and by a physician, physician assistant, or psychiatric advanced registered nurse practitioner as to the child's physical condition within twenty-four hours of admission. Reasonable measures shall be taken to ensure medical treatment is provided for any condition requiring immediate medical attention. (2) If, at any time during the involuntary treatment hold and following the initial examination and evaluation, the children's mental health specialist or substance use disorder specialist and the physician, physician assistant, or psychiatric advanced registered nurse practitioner determine that the initial needs of the minor, if detained to an evaluation and treatment facility, would be better served by placement in a secure withdrawal management and stabilization facility or approved substance use disorder treatment program or, if detained to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program, would be better served in an evaluation and treatment facility, then the minor shall be referred to the more appropriate placement for the remainder of the current commitment period without any need for further court review; however a minor may only be referred to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program if there is a secure withdrawal management and stabilization facility or approved substance use disorder treatment program available and that has adequate space for the minor. (3) The admitting facility shall take reasonable steps to notify immediately the minor's parent of the admission. (4) During the initial one hundred twenty hour treatment period, the minor has a right to associate or receive communications from parents or others unless the professional person in charge determines that such communication would be seriously detrimental to the minor's condition or treatment and so indicates in the minor's clinical record, and notifies the minor's parents of this determination. A minor must not be denied the opportunity to consult an attorney unless there is an immediate risk of harm to the minor or others. (5) If the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admits the minor, it may detain the minor for evaluation and treatment for a period not to exceed one hundred twenty hours from the time of provisional acceptance. The computation of such one hundred twenty hour period shall exclude Saturdays, Sundays, and holidays. This initial treatment period shall not exceed one hundred twenty hours except when an application for voluntary inpatient treatment is received or a petition for fourteen-day commitment is filed. (6) Within twelve hours of the admission, the facility shall advise the minor of his or her rights as set forth in this chapter.
RCW 71.32.080 — Washington Code / Title 71 / Chapter 32 / Section 080
RCW 71.32.080: Revocation—Waiver.
Status: in_force

(1)(a) A principal with capacity may, by written statement by the principal or at the principal's direction in the principal's presence, revoke a directive in whole or in part. (b) An incapacitated principal may revoke a directive only if he or she elected at the time of executing the directive to be able to revoke when incapacitated. (2) The revocation need not follow any specific form so long as it is written and the intent of the principal can be discerned. In the case of a directive that is stored in the health care declarations registry created by RCW 70.122.130 , the revocation may be by an online method established by the department of health. Failure to use the online method of revocation for a directive that is stored in the registry does not invalidate a revocation that is made by another method described under this section. (3) The principal shall provide a copy of his or her written statement of revocation to his or her agent, if any, and to each health care provider, professional person, or health care facility that received a copy of the directive from the principal. (4) The written statement of revocation is effective: (a) As to a health care provider, professional person, or health care facility, upon receipt. The professional person, health care provider, or health care facility, or persons acting under their direction shall make the statement of revocation part of the principal's medical record; and (b) As to the principal's agent, upon receipt. The principal's agent shall notify the principal's health care provider, professional person, or health care facility of the revocation and provide them with a copy of the written statement of revocation. (5) A directive also may: (a) Be revoked, in whole or in part, expressly or to the extent of any inconsistency, by a subsequent directive; or (b) Be superseded or revoked by a court order, including any order entered in a criminal matter. A directive may be superseded by a court order regardless of whether the order contains an explicit reference to the directive. To the extent a directive is not in conflict with a court order, the directive remains effective, subject to the provisions of RCW 71.32.150 . A directive shall not be interpreted in a manner that interferes with: (i) Incarceration or detention by the department of corrections, in a city or county jail, or by the department of social and health services; or (ii) treatment of a principal who is subject to involuntary treatment pursuant to chapter 10.77 , 71.05, 71.09, or 71.34 RCW. (6) A directive that would have otherwise expired but is effective because the principal is incapacitated remains effective until the principal is no longer incapacitated unless the principal has elected to be able to revoke while incapacitated and has revoked the directive. (7) When a principal with capacity consents to treatment that differs from, or refuses treatment consented to in, the provisions of his or her directive, the consent or refusal constitutes a waiver of that provision and does not constitute a revocation of the provision or directive unless the principal also revokes the directive or provision.
RCW 71.24.113 — Washington Code / Title 71 / Chapter 24 / Section 113
RCW 71.24.113: Grant program—Employment and education opportunities for persons recovering from a substance use disorder.
Status: in_force

Subject to funding provided for this specific purpose, the authority shall establish a grant program for providers of employment, education, training, certification, and other supportive programs designed to provide persons recovering from a substance use disorder with employment and education opportunities. The grant program shall employ a low-barrier application and give priority to programs that engage with Black, indigenous, persons of color, and other historically underserved communities.
RCW 71.09.210 — Washington Code / Title 71 / Chapter 09 / Section 210
RCW 71.09.210: Escorted leave—Conditions.
Status: in_force

The superintendent of any facility housing persons detained or committed pursuant to this chapter may, subject to the approval of the secretary, grant escorted leaves of absence to residents confined in such institutions to: (1) Go to the bedside of the resident's wife, husband, child, mother or father, or other member of the resident's immediate family who is seriously ill; (2) Attend the funeral of a member of the resident's immediate family listed in subsection (1) of this section; and (3) Receive necessary medical or dental care which is not available in the institution.
RCW 71.24.555 — Washington Code / Title 71 / Chapter 24 / Section 555
RCW 71.24.555: Liquor taxes and profits—City and county eligibility conditioned.
Status: in_force

To be eligible to receive its share of liquor taxes and profits, each city and county shall devote no less than two percent of its share of liquor taxes and profits to the support of a substance use disorder program licensed or certified by the department of health.
RCW 71.05.730 — Washington Code / Title 71 / Chapter 05 / Section 730
RCW 71.05.730: Judicial services—Civil commitment cases—Reimbursement.
Status: in_force

(1) A county may apply to its behavioral health administrative services organization on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. A tribe may apply to the authority on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. The behavioral health administrative services organization shall in turn be entitled to reimbursement from the behavioral health administrative services organization that serves the county of residence of the individual who is the subject of the civil commitment case. (2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's or tribe's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county or tribe over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county or tribe, the reimbursement rate shall be equal to 80 percent of the median reimbursement rate of counties or tribes, if applicable included in the independent assessment. (3) For the purposes of this section: (a) "Civil commitment case" includes all judicial hearings related to a single episode of hospitalization or less restrictive alternative treatment, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive 180-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. "Civil commitment case" does not include the filing of a petition for a 180-day commitment under this chapter on behalf of a patient at a state hospital. (b) "Judicial services" means a county's or tribe's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW. (4) In the case where a county has requested that the health care authority contract for public defense services on the county's behalf under RCW 71.05.110 , the authority shall reduce the funding provided to the county's behavioral health administrative services organization equivalent to the authority's expense in contracting with the office of public defense for that representation. The county's behavioral health administrative services organization may still seek reimbursement from the behavioral health administrative services organization that serves the county of residence of the individual who is the subject of the civil commitment case under subsection (1) of this section. (5) To the extent that resources have a shared purpose, the behavioral health administrative services organization may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section. To the extent that resources have a shared purpose, the authority may only reimburse tribes to the extent the resources are necessary for and devoted to judicial services as described in this section. (6) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.
RCW 71.24.625 — Washington Code / Title 71 / Chapter 24 / Section 625
RCW 71.24.625: Uniform application of chapter—Training for designated crisis responders.
Status: in_force

The authority shall ensure that the provisions of this chapter are applied by behavioral health administrative services organizations and managed care organizations in a consistent and uniform manner. The authority shall also ensure that, to the extent possible within available funds, the designated crisis responders are specifically trained in adolescent substance use disorder issues, the substance use disorder commitment laws, and the criteria for commitment.
RCW 71A.10.902 — Washington Code / Title 71A / Chapter 10 / Section 902
RCW 71A.10.902: Continuation of existing law—1988 c 176.
Status: repealed

Insofar as provisions of this title are substantially the same as provisions of the statutes repealed by sections 1005, 1006, and 1007, chapter 176, Laws of 1988, the provisions of this title shall be construed as restatements and continuations of the prior law, and not as new enactments.
RCW 71A.10.011 — Washington Code / Title 71A / Chapter 10 / Section 011
RCW 71A.10.011: Intent—1995 c 383.
Status: in_force

The legislature recognizes that the emphasis of state developmental disability services is shifting from institutional-based care to community services in an effort to increase the personal and social independence and fulfillment of persons with developmental disabilities, consistent with state policy as expressed in RCW 71A.10.015 . It is the intent of the legislature that financial savings achieved from program reductions and efficiencies within the developmental disabilities program shall be redirected within the program to provide public or private community-based services for eligible persons who would otherwise be unidentified or unserved.
RCW 71.12.455 — Washington Code / Title 71 / Chapter 12 / Section 455
RCW 71.12.455: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of health. (2) "Elopement" means any situation in which an admitted patient of a private establishment who is cognitively, physically, mentally, emotionally, and/or chemically impaired wanders, walks, runs away, escapes, or otherwise leaves a private establishment or the grounds of a private establishment prior to the patient's scheduled discharge unsupervised, unnoticed, and without the staff's knowledge. (3) "Private establishment," "establishment," and "institution" mean: (a) Every private or county or municipal hospital, including public hospital districts, homes, behavioral health hospitals, residential treatment facilities, or other places receiving or caring for any person with a behavioral health or substance use disorder; and (b) Beginning January 1, 2019, facilities providing pediatric transitional care services. (4) "Immediate jeopardy" means a situation in which the private establishment's noncompliance with one or more statutory or regulatory requirements has placed the health and safety of patients in its care at risk for serious injury, serious harm, serious impairment, or death. (5) "Pediatric transitional care services" means short-term, temporary, health and comfort services for drug exposed infants according to the requirements of this chapter and provided in an establishment licensed by the department. (6) "Behavioral health hospital" means an establishment caring for any person with mental illness or substance use disorder excluding acute care hospitals licensed under chapter 70.41 RCW, state psychiatric hospitals established under chapter 72.23 RCW, and residential treatment facilities as defined in this section. (7) "Residential treatment facility" means an establishment in which 24-hour on-site care is provided for the evaluation, stabilization, or treatment of residents for substance use, mental health, co-occurring disorders, or for drug exposed infants. (8) "Secretary" means the secretary of the department of health. (9) "Technical assistance" means the provision of information on the state laws and rules applicable to the regulation of private establishments, the process to apply for a license, and methods and resources to avoid or address compliance problems. Technical assistance does not include assistance provided under chapter 43.05 RCW. (10) "Trained caregiver" means a noncredentialed, unlicensed person trained by the establishment providing pediatric transitional care services to provide hands-on care to drug exposed infants. Caregivers may not provide medical care to infants and may only work under the supervision of an appropriate health care professional.
RCW 71.05.214 — Washington Code / Title 71 / Chapter 05 / Section 214
RCW 71.05.214: Protocols—Development—Submission to governor and legislature.
Status: in_force

The authority shall develop statewide protocols to be utilized by professional persons and designated crisis responders in administration of this chapter and chapters 10.77 and 71.34 RCW. The protocols shall be updated at least every three years. The protocols shall provide uniform development and application of criteria in evaluation and commitment recommendations, of persons who have, or are alleged to have, behavioral health disorders and are subject to this chapter. The initial protocols shall be developed not later than September 1, 1999. The authority shall develop and update the protocols in consultation with representatives of designated crisis responders, the department of social and health services, tribal government, local government, law enforcement, county and city prosecutors, public defenders, and groups concerned with behavioral health disorders. The protocols shall be submitted to the governor and legislature upon adoption by the authority.
RCW 71.05.337 — Washington Code / Title 71 / Chapter 05 / Section 337
RCW 71.05.337: Intervention by attorney representing a tribe.
Status: in_force

(1) An attorney representing a tribe has the right to intervene at any point in any court proceeding under this chapter involving a member of the tribe. (a) For purposes of this section, "right to intervene" means the right of a tribal attorney to: (i) Attend court proceedings; (ii) Speak in court; (iii) Request copies of orders issued by the court and petitions filed; (iv) Submit information to the court including, but not limited to, information about available tribal resources to coordinate services; and (v) Petition the court under RCW 71.05.201 . (b) Information provided to the tribal attorney under this section is subject to any federal and state laws and regulations including the requirements in RCW 70.02.230 (2)(ee) and (3). (2) Behavioral health service providers shall accept tribal court orders from tribes located within the state on the same basis as state court orders issued under this chapter. (3) The administrative office of the courts, in consultation with the authority, shall develop and update court forms as needed in proceedings under this chapter for use by designated crisis responders and make them available by December 1, 2024. After January 1, 2025, superior courts must allow tribal designated crisis responders to use court forms developed by the administrative office of the courts.