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WAC 388-835-0160

Can residential habilitation center (RHC) superintendents involuntarily detain residents?

(1) When an RHC resident decides to initiate a voluntarily discharge, the superintendent must determine if the discharge is harmful to the resident.
(2) If the superintendent concludes that the discharge is harmful, they may detain the resident for up to forty-eight hours until the harm passes. The superintendent may also refer the resident to a mental health professional as defined in RCW 71.05.150.
(3) At the end of the forty-eight hour detention period, the superintendent must release the resident.
(4) If, within six months, the superintendent detains the resident a second time, they must refer the resident to a mental health professional within eight hours of the second detention. During this second detention, the resident may only be held until the mental health professional:
(a) Investigates and evaluates the specific facts surrounding the situation; and
(b) Determines if further detention is necessary (see RCW 71.05.150).
(5) Nothing in this section prevents a superintendent or their designee from allowing a resident to leave the RHC for specified periods necessary for their habilitation or care.
[Statutory Authority: RCW 71A.20.140. WSR 01-10-013, ยง 388-835-0160, filed 4/20/01, effective 5/21/01.]
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