RCW 71.05.730
Judicial services
—
Civil commitment cases
—
Reimbursement.
(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.
[
2025 c 226 s 5
;
2024 c 209 s 28
;
2019 c 325 s 3011
;
2015 c 250 s 15
; (2015 c 250 s 14 expired April 1, 2016);
2014 c 225 s 87
;
2011 c 343 s 2
.]
NOTES:
Effective date
—
2025 c 226:
See note following RCW 71.05.020
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2015 c 250 ss 2, 15, and 19:
See note following RCW 71.05.020
.
Expiration date
—
2015 c 250 ss 1, 14, and 18:
See note following RCW 71.05.020
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Intent
—
2011 c 343:
"The legislature recognizes that counties that host evaluation and treatment beds incur costs by providing judicial services associated with civil commitments under chapters
71.05
and
71.34
RCW. Because evaluation and treatment beds are not evenly distributed across the state, these commitments frequently occur in a different county from the county in which the person was originally detained. The intent of this act is to create a process for the state to reimburse counties through the regional support networks for the counties' reasonable direct costs incurred in providing these judicial services, and to prevent the burden of these costs from falling disproportionately on the counties or regional support networks in which the commitments are most likely to occur. The legislature recognizes that the costs of judicial services may vary across the state based on different factors and conditions." [
2011 c 343 s 1
.]
Effective date
—
2011 c 343:
"Except for section 3 of this act, this act takes effect July 1, 2012." [
2011 c 343 s 10
.]
RCW 71.05.732
Reimbursement for judicial services
—
Assessment.
(1) The joint legislative audit and review committee shall conduct an independent assessment of the direct costs of providing judicial services under this chapter and chapter
71.34
RCW as defined in RCW 71.05.730
. The assessment shall include a review and analysis of the reasons for differences in costs among counties. The assessment shall be conducted for any county in which more than twenty civil commitment cases were conducted during the year prior to the study. The assessment must be completed by June 1, 2012.
(2) The administrative office of the courts, the authority, and the department of social and health services shall provide the joint legislative audit and review committee with assistance and data required to complete the assessment.
(3) The joint legislative audit and review committee shall present recommendations as to methods for updating the costs identified in the assessment to reflect changes over time.
[
2018 c 201 s 3030
;
2011 c 343 s 3
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Intent
—
2011 c 343:
See note following RCW 71.05.730
.
RCW 71.05.740
Reporting of commitment data.
(1) All behavioral health administrative services organizations in the state of Washington must forward historical behavioral health involuntary commitment information retained by the organization, including identifying information and dates of commitment to the authority. As soon as feasible, the behavioral health administrative services organizations must arrange to report new commitment data to the authority within twenty-four hours. Commitment information under this section does not need to be resent if it is already in the possession of the authority. Behavioral health administrative services organizations and the authority shall be immune from liability related to the sharing of commitment information under this section.
(2) The clerk of the court must share commitment hearing outcomes in all hearings under this chapter with the local behavioral health administrative services organization that serves the region where the superior court is located, including in cases in which the designated crisis responder investigation occurred outside the region. The hearing outcome data must include the name of the facility to which a person has been committed.
[
2022 c 210 s 29
;
2021 c 263 s 15
;
2020 c 302 s 58
;
2019 c 325 s 3012
;
2018 c 201 s 3031
;
2014 c 225 s 88
;
2013 c 216 s 2
.]
NOTES:
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
RCW 71.05.745
Single bed certification.
(1) The authority may use a single bed certification process as outlined in rule to provide additional treatment capacity for a person suffering from a mental disorder for whom an evaluation and treatment bed is not available. The facility that is the proposed site of the single bed certification must be a facility that is willing and able to provide the person with timely and appropriate treatment either directly or by arrangement with other public or private agencies.
(2) A single bed certification must be specific to the patient receiving treatment.
(3) A designated crisis responder who submits an application for a single bed certification for treatment at a facility that is willing and able to provide timely and appropriate mental health treatment in good faith belief that the single bed certification is appropriate may presume that the single bed certification will be approved for the purpose of completing the detention process and responding to other emergency calls.
(4) The authority may adopt rules implementing this section and continue to enforce rules it has already adopted except where inconsistent with this section.
[
2018 c 201 s 3032
;
2016 sp.s. c 29 s 252
;
2015 c 269 s 2
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
RCW 71.05.750
Report
—
No bed available for person who meets detention criteria.
(1) A designated crisis responder shall make a report to the authority when he or she determines a person meets detention criteria under RCW 71.05.150, 71.05.153, 71.34.700, or
71.34.710
and there are not any beds available at an evaluation and treatment facility, the person has not been provisionally accepted for admission by a facility, and the person cannot be served on a single bed certification or less restrictive alternative. Starting at the time when the designated crisis responder determines a person meets detention criteria and the investigation has been completed, the designated crisis responder has twenty-four hours to submit a completed report to the authority.
(2) The report required under subsection (1) of this section must contain at a minimum:
(a) The date and time that the investigation was completed;
(b) The identity of the responsible behavioral health administrative services organization and managed care organization, if applicable;
(c) The county in which the person met detention criteria;
(d) A list of facilities which refused to admit the person; and
(e) Identifying information for the person, including age or date of birth.
(3) The authority shall develop a standardized reporting form or modify the current form used for single bed certifications for the report required under subsection (2) of this section and may require additional reporting elements as it determines are necessary or supportive. The authority shall also determine the method for the transmission of the completed report from the designated crisis responder to the authority.
(4) The authority shall create quarterly reports displayed on its website that summarize the information reported under subsection (2) of this section. At a minimum, the reports must display data by county and by month. The reports must also include the number of single bed certifications granted by category. The categories must include all of the reasons that the authority recognizes for issuing a single bed certification, as identified in rule.
(5) The reports provided according to this section may not display "protected health information" as that term is used in the federal health insurance portability and accountability act of 1996, nor information contained in "mental health treatment records" as that term is used in chapter
70.02
RCW or elsewhere in state law, and must otherwise be compliant with state and federal privacy laws.
(6) For purposes of this section, the term "single bed certification" means a situation in which an adult on a one hundred twenty hour detention, fourteen-day commitment, ninety-day commitment, or one hundred eighty-day commitment is detained to a facility that is:
(a) Not licensed or certified as an inpatient evaluation and treatment facility; or
(b) A licensed or certified inpatient evaluation and treatment facility that is already at capacity.
[
2020 c 302 s 59
;
2019 c 325 s 3013
;
2018 c 201 s 3033
;
2016 sp.s. c 29 s 253
;
2015 c 269 s 3
.]
NOTES:
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
RCW 71.05.755
Duties upon receipt of no bed available report
—
Corrective actions.
(1) The authority shall promptly share reports it receives under RCW 71.05.750
with the responsible behavioral health administrative services organization or managed care organization, if applicable. The behavioral health administrative services organization or managed care organization, if applicable, receiving this notification must attempt to engage the person in appropriate services for which the person is eligible and report back within seven days to the authority.
(2) The authority shall track and analyze reports submitted under RCW 71.05.750
. The authority must initiate corrective action when appropriate to ensure that each behavioral health administrative services organization or managed care organization, if applicable, has implemented an adequate plan to provide evaluation and treatment services. Corrective actions may include remedies under the authority's contract with such entity. An adequate plan may include development of less restrictive alternatives to involuntary commitment such as crisis diversion, voluntary treatment, or prevention programs reasonably calculated to reduce demand for evaluation and treatment under this chapter.
[
2023 c 433 s 15
;
2019 c 325 s 3014
;
2018 c 201 s 3034
;
2015 c 269 s 4
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
RCW 71.05.760
Designated crisis responders
—
Training
—
Qualifications
—
Secure withdrawal management and stabilization facility capacity.
(1)(a) The authority or its designee shall provide training to the designated crisis responders.
(b)(i) To qualify as a designated crisis responder, a person must have received substance use disorder training as determined by the authority and be a:
(A) Mental health professional with an advanced degree;
(B) Person who meets the waiver criteria of RCW 71.24.260, which waiver was granted before 1986; or
(C) Person who had an approved waiver to perform the duties of a mental health professional that was requested by the regional support network and granted by the department of social and health services before July 1, 2001.
(ii) Training must include training specific to the duties of a designated crisis responder, including diagnosis of substance abuse and dependence and assessment of risk associated with substance use.
(2)(a) The authority must ensure that at least one sixteen-bed secure withdrawal management and stabilization facility is operational by April 1, 2018, and that at least two sixteen-bed secure withdrawal management and stabilization facilities are operational by April 1, 2019.
(b) If, at any time during the implementation of secure withdrawal management and stabilization facility capacity, federal funding becomes unavailable for federal match for services provided in secure withdrawal management and stabilization facilities, then the authority must cease any expansion of secure withdrawal management and stabilization facilities until further direction is provided by the legislature.
[
2023 c 425 s 22
. Prior:
2019 c 446 s 16
;
2019 c 325 s 3015
;
2018 c 201 s 3035
;
2017 3rd sp.s. c 14 s 21
;
2016 sp.s. c 29 s 201
.]
NOTES:
Effective date
—
2023 c 425 ss 1-7, 13-20, and 22-26:
See note following RCW 18.83.170
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
"(1) Sections 501, 503 through 532, and 701 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect *April 1, 2016.
(2) Sections 201 through 210, 212, 214 through 224, 226 through 232, 234 through 237, 239 through 242, 244 through 267, 269, 271, 273, 274, 276, 278, 279, 281, 401 through 429, and 502 of this act take effect April 1, 2018.
(3) Sections 211, 213, 225, 233, 238, 243, 268, 270, 272, 275, 277, and 280 of this act take effect July 1, 2026." [
2016 sp.s. c 29 s 803
.]
*Reviser's note:
2016 sp.s. c 29 was signed by the governor on April 18, 2016.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.765
Civil commitment training
—
Contracting
—
Requirements.
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.
[
2024 c 366 s 15
.]
NOTES:
Findings
—
Intent
—
2024 c 366:
See note following RCW 71.24.847
.
RCW 71.05.801
Persons with developmental disabilities
—
Service plans
—
Habilitation services.
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.
[
2018 c 201 s 3036
;
2009 c 323 s 3
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Findings
—
Intent
—
2009 c 323:
See note following RCW 71.05.320
.
RCW 71.05.820
Appearance by video technology.
For purposes of this chapter, at any hearing the petitioner, the respondent, the witnesses, the interpreters, and the presiding judicial officer may be present and participate either in person or by video, as determined by the court. The term "video" as used in this section includes any functional equivalent. At any hearing conducted by video, the technology used must permit the judicial officer, counsel, all parties, and the witnesses to be able to see, hear, and speak, when authorized, during the hearing; to allow attorneys to use exhibits or other materials during the hearing; and to allow the respondent's counsel to be in the same location as the respondent unless otherwise requested by the respondent or the respondent's counsel. Witnesses in a proceeding may also appear in court through other means, including telephonically, pursuant to the requirements of superior court civil rule 43. Notwithstanding the foregoing, the court, upon its own motion or upon a motion for good cause by any party, may require all parties and witnesses to participate in the hearing in person rather than by video. In ruling on any such motion, the court may allow in-person or video testimony; and the court may consider, among other things, whether the respondent's alleged behavioral health disorder affects the respondent's ability to perceive or participate in the proceeding by video.
[
2020 c 302 s 101
.]
RCW 71.05.940
Equal application of 1989 c 420
—
Evaluation for developmental disability.
The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department of social and health services on May 13, 1989, who were found by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed acts constituting a felony pursuant to RCW 71.05.280
(3) and present a substantial likelihood of repeating similar acts, and the secretary of the department of social and health services shall cause such persons to be evaluated to ascertain if such persons have a developmental disability for placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.
[
2018 c 201 s 3037
;
1999 c 13 s 13
;
1989 c 420 s 18
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Purpose
—
Construction
—
1999 c 13:
See note following RCW 10.77.010
.
RCW 71.05.950
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
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.
[
2009 c 521 s 157
.]