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71.34.740  <<  71.34.750 >>   71.34.760

RCW 71.34.750

Petition for one hundred eighty-day commitment — Hearing — Requirements — Findings by court — Commitment order — Release — Successive commitments.

(1) At any time during the minor's period of fourteen-day commitment, the professional person in charge may petition the court for an order requiring the minor to undergo an additional one hundred eighty-day period of treatment. The evidence in support of the petition shall be presented by the county prosecutor unless the petition is filed by the professional person in charge of a state-operated facility in which case the evidence shall be presented by the attorney general.

     (2) The petition for one hundred eighty-day commitment shall contain the following:

     (a) The name and address of the petitioner or petitioners;

     (b) The name of the minor alleged to meet the criteria for one hundred eighty-day commitment;

     (c) A statement that the petitioner is the professional person in charge of the evaluation and treatment facility responsible for the treatment of the minor;

     (d) The date of the fourteen-day commitment order; and

     (e) A summary of the facts supporting the petition.

     (3) The petition shall be supported by accompanying affidavits signed by (a) two examining physicians, one of whom shall be a child psychiatrist, or two psychiatric advanced registered nurse practitioners, one of whom shall be a child and adolescent or family psychiatric advanced registered nurse practitioner, (b) one children's mental health specialist and either an examining physician or a psychiatric advanced registered nurse practitioner, or (c) an examining physician and a psychiatric advanced registered nurse practitioner, one of which needs to be a child psychiatrist or a child and adolescent psychiatric nurse practitioner. The affidavits shall describe in detail the behavior of the detained minor which supports the petition and shall state whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.

     (4) The petition for one hundred eighty-day commitment shall be filed with the clerk of the court at least three days before the expiration of the fourteen-day commitment period. The petitioner or the petitioner's designee shall within twenty-four hours of filing serve a copy of the petition on the minor and notify the minor's attorney and the minor's parent. A copy of the petition shall be provided to such persons at least twenty-four hours prior to the hearing.

     (5) At the time of filing, the court shall set a date within seven days for the hearing on the petition. The court may continue the hearing upon the written request of the minor or the minor's attorney for not more than ten days. The minor or the parents shall be afforded the same rights as in a fourteen-day commitment hearing. Treatment of the minor shall continue pending the proceeding.

     (6) For one hundred eighty-day commitment, the court must find by clear, cogent, and convincing evidence that the minor:

     (a) Is suffering from a mental disorder;

     (b) Presents a likelihood of serious harm or is gravely disabled; and

     (c) Is in need of further treatment that only can be provided in a one hundred eighty-day commitment.

     (7) If the court finds that the criteria for commitment are met and that less restrictive treatment in a community setting is not appropriate or available, the court shall order the minor committed for further inpatient treatment to the custody of the secretary or to a private treatment and evaluation facility if the minor's parents have assumed responsibility for payment for the treatment. If the court finds that a less restrictive alternative is in the best interest of the minor, the court shall order less restrictive alternative treatment upon such conditions as necessary.

     If the court determines that the minor does not meet the criteria for one hundred eighty-day commitment, the minor shall be released.

     (8) Successive one hundred eighty-day commitments are permissible on the same grounds and under the same procedures as the original one hundred eighty-day commitment. Such petitions shall be filed at least five days prior to the expiration of the previous one hundred eighty-day commitment order.

[2009 c 217 § 18; 1985 c 354 § 9. Formerly RCW 71.34.090.]