Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877 - Behavioral health services administrative requirements › Section SECTION EIGHT - INVOLUNTARY AND COURT-ORDERED OUTPATIENT TREATMENT › Section 388-877-0810 - Involuntary and court-ordered-Emergency individual detention mental health and substance use disorder services

Current through Register Vol. 24-14, July 15, 2024
Emergency involuntary detention services are services
					 provided by a designated crisis responder (DCR) to evaluate an individual in
					 crisis and determine if involuntary services are required. In addition to
					 meeting the behavioral health agency licensure, certification, administration,
					 personnel, and clinical requirements in WAC
					 388-877-0300
					 through
					 388-877-0680,
					 an agency certified to provide emergency involuntary detention services must do
					 all of the following:
(1) Ensure that
				  services are provided by a DCR.
(2)
				  Ensure staff members are available twenty-four hours a day, seven days a
				  week.
(3) Ensure staff members
				  utilize the protocols for DCRs required by
				  RCW
				   71.05.214.
(4) Have a written agreement with a certified
				  inpatient evaluation and treatment or secure withdrawal management and
				  stabilization facility to allow admission of an individual twenty-four hours a
				  day, seven days a week.
(5) Have a
				  plan for training, staff back-up, information sharing, and communication for a
				  staff member who responds to a crisis in a private home or a nonpublic
				  setting.
(6) Ensure that a DCR is
				  able to be accompanied by a second trained individual when responding to a
				  crisis in a private home or a nonpublic setting.
(7) Ensure that a DCR who engages in a home
				  visit to a private home or a nonpublic setting is provided by their employer
				  with a wireless telephone, or comparable device, for the purpose of emergency
				  communication as described in
				  RCW
				   71.05.710.
(8) Provide staff members, who are sent to a
				  private home or other private location to evaluate an individual in crisis,
				  prompt access to information about any history of dangerousness or potential
				  dangerousness on the individual they are being sent to evaluate that is
				  documented in a crisis plan(s) or commitment record(s). This information must
				  be made available without unduly delaying the crisis response.
(9) Have a written protocol for the
				  transportation of an individual, in a safe and timely manner, for the purpose
				  of medical evaluation or detention.
(10) Document services provided to the
				  individual, and other applicable information. At a minimum this must include:
(a) That the individual was advised of their
				  rights in accordance with
				  RCW
				   71.05.360;
(b) That if the evaluation was conducted in a
				  hospital emergency department or inpatient unit, it occurred in accordance with
				  the timelines required by
				  RCW
				   71.05.050, 71.05.-153, and
				  71.34.710;
(c) That the DCR
				  conducting the evaluation considered both of the following when evaluating the
				  individual:
(i) The imminent likelihood of
				  serious harm or imminent danger because of being gravely disabled (see RCW
				  71.05.-153); and
(ii) The
				  likelihood of serious harm or grave disability that does not meet the imminent
				  standard for the emergency detention (see
				  RCW
				   71.05.150);
(d) That the DCR documented consultation with
				  any examining emergency room physician as required by
				  RCW
				   71.05.154;
(e) If the individual was not detained:
(i) A description of the disposition and
				  follow-up plan; and
(ii)
				  Documentation that the minor's parent was informed of their right to request a
				  court review of the DCR's decision not to detain the minor under
				  RCW
				   71.34.710, if the individual is a minor
				  thirteen years of age or older;
(f) If the individual was detained, a
				  petition for initial detention must include the following:
(i) The circumstances under which the
				  person's condition was made known;
(ii) Evidence, as a result of the DCR's
				  personal observation or investigation, that the actions of the person for which
				  application is made constitute a likelihood of serious harm, or that the
				  individual is gravely disabled;
(iii) Evidence that the individual will not
				  voluntarily seek appropriate treatment;
(iv) Consideration of all reasonably
				  available information from credible witnesses, to include family members,
				  landlords, neighbors, or others with significant contact and history of
				  involvement with the individual, and records, as required by
				  RCW
				   71.05.212; and
(v) Consideration of the individual's history
				  of judicially required, or administratively ordered, anti-psychotic medications
				  while in confinement when conducting an evaluation of an offender under
				  RCW
				   72.09.370; and
(g) Documentation that the individual, or the
				  individual's guardian or conservator, received a copy of the following:
(i) Notice of detention;
(ii) Notice of rights; and
(iii) Initial petition.