Washington Administrative Code › Title 246 - Health, Department of › TUBERCULOSIS › Chapter 246-170 - Tuberculosis - Prevention, treatment, and control › Section 246-170-055 - Due process proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) A hearing on the petition for detention
				filed under WAC
				246-170-051 shall be conducted in
				superior court within seventy-two hours after initial detention, excluding
				weekends and holidays. The local health officer shall have the burden of
				proving the allegations set forth in the petition by a preponderance of the
				evidence. The person named in the petition shall have the right to
				cross-examine witnesses, present evidence, and be represented by an attorney at
				any hearing held on the petition. If the person is indigent and requests
				appointment of legal counsel, legal counsel shall be appointed at public
				expense at least twenty-four hours prior to the superior court
				hearing.
(2) At the conclusion of
				the hearing, the court shall consider the evidence, the action taken by the
				health officer to secure voluntary compliance by the patient, and the purpose
				and intent of the public health laws, including this chapter, and may take one
				of the following actions:
(a) If the court
				finds that the respondent is a suspected case, the court may enter an order
				requiring that the person be subjected to further examination, testing, and
				treatment as specified in the court's order. If the court finds that further
				detention of the respondent is necessary in order to assure that the
				examination, testing, and treatment occurs, or to protect the public health the
				court may order that the respondent be detained for an additional period not to
				exceed forty-five days. The results of testing conducted under this chapter
				shall be provided to the court and the person detained or his or her legal
				counsel as soon as they are available to the local health officer. The court
				may then conduct an additional hearing to determine whether the person is a
				confirmed case and, if so, whether further measures are necessary to protect
				the public health pursuant to (b) or (c) of this subsection.
(b) If the court finds that the person is a
				confirmed case, that further measures less restrictive than detention of the
				respondent are necessary to assure that appropriate treatment is implemented
				and that imposition of less restrictive measures will be sufficient to protect
				the public health, the court may enter an order setting forth such measures and
				ordering the respondent to comply with the measures.
(c) If the court finds that the person is a
				confirmed case, that further detention of the respondent is necessary to
				protect the public health, and that imposition of less restrictive measures
				will not be sufficient to protect the public health, the court may order that
				the respondent be detained and treated for an additional period not to exceed
				forty-five days.
(d) If the court
				finds that there is insufficient evidence to support the petition for
				detention, then the court shall immediately release the person
				detained.