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71.32.250
Long-term care facility residents—Readmission after inpatient behavioral health treatment—Evaluation, report to legislature.(Effective until June 30, 2027.)
(1) If a principal who is a resident of a long-term care facility is admitted to inpatient behavioral health treatment pursuant to his or her directive, the principal shall be allowed to be readmitted to the same long-term care facility as if his or her inpatient admission had been for a physical condition on the same ...
71.32.260
Form.(Effective until June 30, 2027.)
The directive shall be in substantially the following form: Mental Health Advance Directive of (client name) With Appointment of (agent name) as Agent for Mental Health Decisions PART I. STATEMENT OF INTENT TO CREATE A MENTAL HEALTH ADVANCE DIRECTIVE I, (Client name), being a person with capacity, willfully and volunta...
71.32.270
Family-initiated treatment.
Nothing in this chapter restricts the right of a parent to seek behavioral health evaluation and treatment for a nonconsenting adolescent using family-initiated treatment laws under chapter 71.34 RCW. [ 2021 c 287 s 20 .]
71.32.902
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 person...
71.34.010
Purpose.
(1) It is the purpose of this chapter to assure that minors in need of behavioral health care and treatment receive an appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, self-directed care, parent-directed care, and involuntary treatment. To facilitate the cont...
71.34.020
Definitions.(Contingent expiration date.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "23-hour crisis relief center" has the same meaning as provided in RCW 71.24.025 . (2) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse p...
71.34.300
Evaluation and treatment program for minors—Authority's responsibility.
The authority is responsible for development and coordination of the evaluation and treatment program for minors and for coordination of evaluation and treatment services and resources with the community behavioral health program required under chapter 71.24 RCW. [ 2019 c 325 s 2002 ; 2018 c 201 s 5003 ; 2011 c 343 s 7...
71.34.305
Notice to parents, school contacts for referring students to inpatient treatment.
School district personnel who contact a behavioral health disorder inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with notice of the contact within forty-eight hours. [ 2020 c 302 s 65 ; 2016 sp.s. c 29 s 255 ; 1996 c 133 s 6 . Formerly RC...
71.34.310
Jurisdiction over proceedings under chapter—Venue.
(1) The superior court has jurisdiction over proceedings under this chapter. (2) A record of all petitions and proceedings under this chapter shall be maintained by the clerk of the superior court in the county in which the petition or proceedings was initiated. (3) Petitions for commitment shall be filed and venue for...
71.34.312
Intervention by attorney representing a tribe.
(1) An attorney representing a federally recognized Indian tribe has the right to intervene at any point in any court proceeding under this chapter involving a member of the tribe. (a) For purposes of this section, "right to intervene" means the right of a tribal attorney to: (i) Attend court proceedings; (ii) Speak in...
71.34.313
Assertion of jurisdiction or authority over tribes prohibited.
Nothing in this chapter may be read as an assertion of state jurisdiction or regulatory authority over a tribe. [ 2024 c 209 s 4 .]
71.34.315
Mental health commissioners—Authority.
The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135 , to perform any or all of the following duties: (1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursua...
71.34.320
Transfer of superior court proceedings to juvenile department.
For purposes of this chapter, a superior court may transfer proceedings under this chapter to its juvenile department. [ 1985 c 354 s 28 . Formerly RCW 71.34.260 .]
71.34.325
Court proceedings under chapter subject to rules of state supreme court.
Court procedures and proceedings provided for in this chapter shall be in accordance with rules adopted by the supreme court of the state of Washington. [ 1985 c 354 s 24 . Formerly RCW 71.34.240 .]
71.34.330
Attorneys appointed for minors—Compensation.
Attorneys appointed for minors under this chapter shall be compensated for their services as follows: (1) Responsible others shall bear the costs of such legal services if financially able according to standards set by the court of the county in which the proceeding is held. (2) If all responsible others are indigent a...
71.34.335
Court records and files confidential—Availability.
The records and files maintained in any court proceeding under this chapter are confidential and available only to the minor, the minor's parent, and the minor's attorney. In addition, the court may order the subsequent release or use of these records or files only upon good cause shown if the court finds that appropri...
71.34.351
Delivery of minor to treatment facilities.
A peace officer may take or authorize a minor to be taken into custody and immediately delivered to an appropriate crisis stabilization unit, 23-hour crisis relief center, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or th...
71.34.355
Rights of minors undergoing treatment—Posting—Waiver—Presumption of incompetency.
(1) Absent a risk to self or others, minors treated under this chapter have the following rights, which shall be prominently posted in the evaluation and treatment facility: (a) To wear their own clothes and to keep and use personal possessions; (b) To keep and be allowed to spend a reasonable sum of their own money fo...
71.34.356
Possessions of minors undergoing treatment.
At the time a minor is involuntarily admitted to an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, the professional person in charge or his or her designee shall take reasonable precautions to inventory and safeguard the ...
71.34.360
No detention of minors after eighteenth birthday—Exceptions.
No minor received as a voluntary patient or committed under this chapter may be detained after his or her eighteenth birthday unless the person, upon reaching eighteen years of age, has applied for admission to an appropriate evaluation and treatment facility or unless involuntary commitment proceedings under chapter 7...
71.34.365
Release of minor—Requirements.
(1) If a minor is not accepted for admission or is released by an inpatient evaluation and treatment facility, the facility shall release the minor to the custody of the minor's parent or other responsible person. If not otherwise available, the facility shall furnish transportation for the minor to the minor's residen...
71.34.375
Family-initiated treatment—Notice to parents of available treatment options.
(1) If a parent or guardian, for the purpose of mental health treatment, substance use disorder treatment, or evaluation, brings his or her minor child to an evaluation and treatment facility, a hospital emergency room, an inpatient facility licensed under chapter 72.23 RCW, an inpatient facility licensed under chapter...
71.34.377
Failure to notify parent or guardian of treatment options—Civil penalty.
An evaluation and treatment facility that fails to comply with the requirement to provide verbal and written notice to a parent or guardian of a child under RCW 71.34.375 is subject to a civil penalty of one thousand dollars for each failure to provide adequate notice, unless the evaluation and treatment facility is a ...
71.34.379
Notice to parent or guardian—Treatment options—Policy and protocol adoption—Report.
Facilities licensed under chapter 70.41 , 71.12, or 72.23 RCW are required to adopt policies and protocols regarding the notice requirements described in RCW 71.34.375 . [ 2019 c 325 s 2004 ; 2011 c 302 s 5 .] Effective date — 2019 c 325: See note following RCW 71.24.011 .
71.34.380
Department, department of health, and authority to adopt rules to effectuate chapter.
(1) The department, department of health, and the authority shall adopt such rules pursuant to chapter 34.05 RCW as may be necessary to effectuate the intent and purposes of this chapter. (2) The authority shall evaluate the quality, effectiveness, efficiency, and use of services, procedures and standards for commitmen...
71.34.385
Uniform application of chapter—Training for designated crisis responders.
The authority shall ensure that the provisions of this chapter are applied in a consistent and uniform manner. The authority shall also ensure that, to the extent possible within available funds, the designated crisis responders are specifically trained in adolescent mental health issues, the mental health and substanc...
71.34.387
Online training for behavioral health providers—State law and best practices when providing behavioral health services to children, youth, and families.
Subject to the availability of amounts appropriated for this specific purpose, the authority must provide an online training for behavioral health providers regarding state law and best practices when providing behavioral health services to children, youth, and families. The training must be free for providers and must...
71.34.390
Redirection of Title XIX funds to fund placements within the state.
For the purpose of encouraging the expansion of existing evaluation and treatment facilities and the creation of new facilities, the authority shall endeavor to redirect federal Title XIX funds which are expended on out-of-state placements to fund placements within the state. [ 2018 c 201 s 5008 ; 1992 c 205 s 303 . Fo...
71.34.395
Availability of treatment does not create right to obtain public funds.
The ability of a parent to bring his or her minor child to a licensed or certified evaluation and treatment program for evaluation and treatment does not create a right to obtain or benefit from any funds or resources of the state. The state may provide services for indigent minors to the extent that funds are availabl...
71.34.400
Eligibility for medical assistance under chapter74.09RCW—Payment by authority.
For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health or inpatient substance use disorder treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the authority or its designee as likely to req...
71.34.405
Liability for costs of minor's treatment and care—Rules.
(1) A minor receiving treatment under the provisions of this chapter and responsible others shall be liable for the costs of treatment, care, and transportation to the extent of available resources and ability to pay. (2) The secretary or director, as appropriate, shall establish rules to implement this section and to ...
71.34.406
Liability of costs of minor's treatment—Involuntary detention—Rules.
In addition to the responsibility provided for by RCW 43.20B.330 , the parents of a minor person who is involuntarily detained pursuant to this chapter for the purpose of treatment and evaluation outside of a facility maintained and operated by the department shall be responsible for the cost of such care and treatment...
71.34.410
Liability for performance of duties under this chapter limited.
(1) No public or private agency or governmental entity, nor officer of a public or private agency, nor the superintendent, or professional person in charge, his or her professional designee or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapte...
71.34.415
Judicial services—Civil commitment cases—Reimbursement.
A county may apply to its behavioral health administrative services organization for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter, as provided in RCW 71.05.730 . [ 2019 c 325 s 2006 ; 2014 c 225 s 90 ; 2011 c 343 s 4 .] Effective date — 2019 c 325: See n...
71.34.420
Evaluation and treatment services—Unavailability—Single bed certification.
(1) The authority may use a single bed certification process as outlined in rule to provide additional treatment capacity for a minor suffering from a mental disorder for whom an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment prog...
71.34.430
Release of adolescent's mental health information to parent without adolescent's consent.
A mental health agency, *psychiatric hospital, evaluation and treatment facility, crisis stabilization unit, or 23-hour crisis relief center may release mental health information about an adolescent to a parent of the adolescent without the consent of the adolescent by following the limitations and restrictions of RCW ...
71.34.440
Detention of minors—Permission to leave facility.
Nothing in this chapter shall prohibit the professional person in charge of a treatment facility, or his or her professional designee, from permitting a minor detained for intensive treatment to leave the facility for prescribed periods during the term of the minor's detention, under such conditions as may be appropria...
71.34.445
Temporary detention for evaluation regarding involuntary commitment.
If an adolescent is brought to or accepted at a 23-hour crisis relief center and thereafter refuses to stay voluntarily, and the professional staff of the 23-hour crisis relief center regard the adolescent as presenting as a result of a behavioral health disorder an imminent likelihood of serious harm, or presenting as...
71.34.500
Self-admission of adolescent for inpatient behavioral health treatment or substance use disorder treatment—Requirements.
(1) An adolescent may admit himself or herself to an evaluation and treatment facility for inpatient mental health treatment or an approved substance use disorder treatment program for inpatient substance use disorder treatment without parental consent. The admission shall occur only if the professional person in charg...
71.34.510
Notice to parents of adolescent voluntarily admitted to inpatient treatment—When required—Duties of professional person in charge—Form of notice.
(1) The professional person in charge of an evaluation and treatment facility shall provide notice to the parent of an adolescent when the adolescent is voluntarily admitted to inpatient treatment under RCW 71.34.500 solely for mental health treatment and not for substance use disorder treatment, unless the professiona...
71.34.520
Notice of intent to leave inpatient treatment by adolescent voluntarily admitted—Duties of receiving staff member—Time frame for discharge of adolescent.
(1) Any adolescent voluntarily admitted to an evaluation and treatment facility or approved substance use disorder treatment program under RCW 71.34.500 may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the adolescent can be discerned...
71.34.530
Outpatient treatment of adolescent.
Any adolescent may request and receive outpatient treatment without the consent of the adolescent's parent. Parental authorization, or authorization from a person who may consent on behalf of the minor pursuant to RCW 7.70.065 , is required for outpatient treatment of a minor under the age of thirteen. [ 2019 c 381 s 6...
71.34.600
Parental request for determination of whether adolescent has a behavioral health disorder requiring inpatient treatment—Adolescent's consent not required for admission, evaluation, and treatment—Duties and obligations of professional person and facility.
(1) A parent may bring, or authorize the bringing of, his or her adolescent child to: (a) An evaluation and treatment facility or an inpatient facility licensed under chapter 70.41 , 71.12, or 72.23 RCW and request that the professional person examine the adolescent to determine whether the adolescent has a mental diso...
71.34.610
Authority's review of medical necessity of inpatient treatment of adolescent admitted to a facility due to parental request—Required considerations in making determination—Procedures for release—At-risk youth petition—Costs—Public funds.
(1) The authority shall assure that, for any adolescent admitted to inpatient treatment under RCW 71.34.600 , a review is conducted by a physician or other mental health professional who is employed by the authority, or an agency under contract with the authority, and who neither has a financial interest in continued i...
71.34.620
Adolescent's court petition for release from inpatient treatment facility—Judicial review of medical necessity.
Following the review conducted under RCW 71.34.610 , an adolescent may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the adolescent unless it finds, upon a preponderance of the evidence, that it is ...
71.34.630
Adolescent not released from inpatient treatment facility by court petition—Release within thirty days—Initiation of proceedings to stop release.
(1) If the adolescent is receiving inpatient treatment in a hospital setting and is not released as a result of the petition filed under RCW 71.34.620 , he or she shall be released not later than thirty days following the later of: (a) The date of the authority's determination under RCW 71.34.610 (2); or (b) the filing...
71.34.640
Evaluation of treatment of adolescents.
The authority shall randomly select and review the information on adolescents who are admitted to inpatient treatment on application of the adolescent's parent regardless of the source of payment, if any, subject to the limitations under RCW 71.34.600 (3). The review shall determine whether the adolescents reviewed wer...
71.34.650
Parental request for determination of whether adolescent has a behavioral health disorder requiring outpatient treatment—Adolescent's consent not required for evaluation and certain treatment—Treatment reviews—Discharge.
(1) A parent may bring, or authorize the bringing of, his or her adolescent child to a provider of outpatient behavioral health treatment and request that an appropriately trained professional person examine the adolescent to determine whether the adolescent has a behavioral health disorder and is in need of outpatient...
71.34.660
Limitation on liability for admitting or accepting adolescent.
An adolescent shall have no cause of action against an evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, inpatient facility, or provider of outpatient mental health treatment or outpatient substance use disorder treatment for a...
71.34.670
"Appropriately trained professional person" defined by rule.
The authority shall adopt rules defining "appropriately trained professional person" operating within their scope of practice within Title 18 RCW for the purposes of conducting mental health and substance use disorder evaluations under RCW 71.34.600 (3) and 71.34.650 (1). [ 2019 c 325 s 2007 ; 2018 c 201 s 2001 ; 2016 ...
71.34.680
Data collection and tracking system for adolescents receiving treatment.
The authority shall develop and operate a data collection and tracking system for adolescents receiving family-initiated treatment under RCW 71.34.600 through 71.34.670 . In implementing this data collection and tracking system, the authority shall, in collaboration with the department of health, collect information fr...
71.34.700
Evaluation of adolescent brought for immediate inpatient treatment—Temporary detention.(Effective until July 1, 2026.)
(1) If an adolescent is brought to an evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, approved substance use disorder treatment program with available space, or hospital emergency room for immediate behavioral health services, the professional person in c...
71.34.705
Evaluation of adolescent brought for immediate inpatient treatment—Considerations.
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding: (a) Historical behavior, including history of one or ...
71.34.706
Evaluation of adolescent brought for immediate inpatient treatment—Considerations.(Contingent effective date.)
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, the designated crisis responder or professional person must consider all reasonably available information from credible witnesses and records regarding: (a) Historical behavior, including history of one or ...
71.34.710
Adolescent who presents likelihood of serious harm or is gravely disabled—Transport to inpatient facility—Petition for initial detention—Notice—Facility to evaluate and admit or release adolescent.(Effective until July 1, 2026.)
(1)(a) When a designated crisis responder receives information that an adolescent as a result of a behavioral health disorder presents a likelihood of serious harm or is gravely disabled, has investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has deter...
71.34.720
Examination and evaluation of minor approved for inpatient admission—Referral to a secure withdrawal management and stabilization facility or substance use disorder treatment program—Right to communication, exception—Evaluation and treatment period.(Effective until July 1, 2026.)
(1) Each minor approved by the facility for inpatient admission shall be examined and evaluated by a children's mental health specialist, for minors admitted as a result of a mental disorder, or by a substance use disorder professional or co-occurring disorder specialist, for minors admitted as a result of a substance ...
71.34.730
Petition for fourteen-day commitment—Requirements.(Effective until June 30, 2027.)
(1) The professional person in charge of an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program where a minor has been admitted involuntarily for the initial one hundred twenty hour treatment period under this chapter may petit...
71.34.735
Commitment hearing—Continuance or postponement.
(1) In any proceeding for involuntary commitment under this chapter, the court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the prosecuting attorney or the attorney general if: (a) The respondent expressly consents to a continuance or delay a...
71.34.740
Commitment hearing—Requirements—Findings by court—Commitment—Release.(Effective until July 1, 2026.)
(1) A commitment hearing shall be held within one hundred twenty hours of the minor's admission, excluding Saturday, Sunday, and holidays, unless a continuance is ordered under RCW 71.34.735 . (2) The commitment hearing shall be conducted at the superior court or an appropriate place at the facility in which the minor ...
71.34.750
Petition for one hundred eighty-day commitment—Hearing—Requirements—Findings by court—Commitment order—Release—Successive commitments.(Effective until July 1, 2026.)
(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 ...
71.34.755
Less restrictive alternative treatment—Requirements.(Effective until June 30, 2027.)
(1) Less restrictive alternative treatment, at a minimum, must include the following services: (a) Assignment of a care coordinator; (b) An intake evaluation with the provider of the less restrictive alternative treatment; (c) A psychiatric evaluation, a substance use disorder evaluation, or both; (d) A schedule of reg...
71.34.760
Placement of minor in state evaluation and treatment facility or substance use disorder treatment program—Placement committee—Facility or program to report to committee.
(1) If a minor is committed for one hundred eighty-day inpatient treatment and is to be placed in a state-supported program, the director shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility or state-funded approved substance use disorder treatment program. (2) The ...
71.34.770
Release of minor—Conditional release—Discharge.(Effective until June 30, 2027.)
(1) The professional person in charge of the inpatient treatment facility may authorize release for the minor under such conditions as appropriate. Conditional release may be revoked pursuant to RCW 71.34.780 if leave conditions are not met or the minor's functioning substantially deteriorates. (2) Minors may be discha...
71.34.780
Minor's failure to adhere to outpatient conditions—Deterioration of minor's functioning—Transport to facility or program—Order of apprehension and detention—Revocation of alternative treatment or conditional release—Hearings.(Effective until July 1, 2026.)
(1) If the professional person in charge of an outpatient treatment program, a designated crisis responder, or the director or secretary, as appropriate, determines that a minor is failing to adhere to the conditions of the court order for less restrictive alternative treatment or the conditions for the conditional rel...
71.34.790
Transportation for minors committed to state facility for one hundred eighty-day treatment.
Necessary transportation for minors committed to the director under this chapter for one hundred eighty-day treatment shall be provided by the authority in the most appropriate and cost-effective means. [ 2018 c 201 s 5022 ; 1985 c 354 s 15 . Formerly RCW 71.34.150 .] Findings — Intent — Effective date — 2018 c 201: Se...
71.34.795
Transferring or moving persons from juvenile correctional institutions or facilities to evaluation and treatment facilities.
When in the judgment of the department of children, youth, and families the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that the person be transferred or moved for observation, diagnosis, or treatment to an evaluation and treatment facility, the...
71.34.796
Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.
When, in the judgment of the department of social and health services, the welfare of any person committed to or confined in any state juvenile correctional institution or facility necessitates that such a person be transferred or moved for observation, diagnosis or treatment to any state institution or facility for th...
71.34.815
Assisted outpatient treatment—Findings—Petition, court order for less restrictive alternative treatment—Procedure.(Effective until June 30, 2027.)
(1) An adolescent is in need of assisted outpatient treatment if the court finds by clear, cogent, and convincing evidence in response to a petition filed under this section that: (a) The adolescent has a behavioral health disorder; (b) Based on a clinical determination and in view of the adolescent's treatment history...
71.34.905
Rule making—Access to files and records of court proceedings.
The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish rules regarding access to court records, and respectfully requests the Washington state supreme court to adopt rules regarding potential access for the following entities to the files an...
71.34.910
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 he...
71.34.915
Authority outreach—Law and policy communication—Accessibility.
The authority shall dedicate at least one full-time employee to: (1) Connecting families, behavioral health providers, educators, and other stakeholders with current information about law and policy related to behavioral health services for minors; (2) Creating shareable content appropriate for communicating policy and...
71.34.918
Authority outreach—Parent portal—Report to legislature.
(1) The authority shall convene stakeholders to design, further define, and implement a parent portal. The authority shall work with stakeholders including Washington state community connectors and consider the website prototype already under development by that organization. The stakeholders convened must additionally...
71.36.005
Intent.
The legislature intends to substantially improve the delivery of children's mental health services in Washington state through the development and implementation of a children's mental health system that: (1) Values early identification, intervention, and prevention; (2) Coordinates existing categorical children's ment...
71.36.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency" means a state, tribal, or local governmental entity or a private not-for-profit organization. (2) "Behavioral health administrative services organization" means an entity contracted with the health...
71.36.025
Elements of a children's mental health system.
*** CHANGE IN 2026 *** (SEE 2429-S2.SL ) *** (1) It is the goal of the legislature that the children's mental health system in Washington state include the following elements: (a) A continuum of services from early identification, intervention, and prevention through crisis intervention and inpatient treatment, includi...
71.36.040
Issue identification, data collection, plan revision—Coordination and information sharing with other state agencies.
(1) The health care authority shall, within available funds: (a) Identify internal business operation issues that limit the authority's ability to meet legislative intent to coordinate existing categorical children's mental health programs and funding; (b) Collect reliable mental health cost, service, and outcome data ...
71.36.060
Medicaid eligible children in temporary juvenile detention.
The health care authority shall explore the feasibility of obtaining a medicaid state plan amendment to allow the state to receive medicaid matching funds for health services provided to medicaid enrolled youth who are temporarily placed in a juvenile detention facility. Temporary placement shall be defined as until ad...
71.40.010
Findings—Intent.
(1) The legislature finds that: (a) According to the federal substance abuse and mental health services administration's 2019 report, one in five adults in the United States will experience some form of mental illness this year and one in thirteen will need substance use disorder treatment; (b) Fewer than half of all i...
71.40.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Behavioral health provider or facility" means: (a) A behavioral health provider, as defined in RCW 71.24.025 , to the extent it provides behavioral health services; (b) A licensed or certified behavioral he...
71.40.030
Office created—Rules.
(1) By July 1, 2022, the department shall establish the state office of behavioral health consumer advocacy to provide behavioral health consumer advocacy services to patients, residents, and clients of behavioral health providers or facilities. Prior to the establishment and operation of the office, the department sha...
71.40.040
Duties of office.
The state office of behavioral health consumer advocacy shall assure performance of the following activities, as authorized in contract: (1) Selection of a name for the contracting advocacy organization to use for the advocacy program that it operates pursuant to contract with the office. The name must be selected by t...
71.40.050
Duties of certified behavioral health consumer advocates.
(1) A certified behavioral health consumer advocate shall: (a) Identify, investigate, and resolve complaints made by, or on behalf of, patients, residents, and clients of behavioral health providers or facilities relating to administrative action, inaction, or decisions that may adversely affect the health, safety, wel...
71.40.060
Collaboration with department of social and health services.
(1) For state hospitals as defined in RCW 72.23.010 , the state office of behavioral health consumer advocacy shall work with the department of social and health services to: (a) Establish specialized training for behavioral health consumer advocates to work with forensic and criminal justice involved populations at th...
71.40.070
Access to behavioral health providers and facilities.
(1) The certified behavioral health consumer advocates shall have appropriate access to behavioral health providers or facilities to effectively carry out the provisions of this chapter, with provisions made for the privacy of patients, residents, and clients, according to the rules, policies, and procedures developed ...
71.40.080
Office contact information—Access.
(1) Every behavioral health provider or facility shall post in a conspicuous location a notice providing the toll-free phone number and website of the contracting advocacy organization, as well as the name, address, and phone number of the office of the appropriate local behavioral health consumer advocate and a brief ...
71.40.090
Behavioral health consumer advocates—Certification.
The contracting advocacy organization shall develop and submit, for approval by the office, a process to train and certify all behavioral health consumer advocates, whether paid or volunteer, authorized by this chapter as follows: (1) Certified behavioral health consumer advocates must have training or experience in th...
71.40.100
Complaints—Review.
(1) The contracting advocacy organization shall develop and submit for approval by the office referral procedures for the organization and all certified behavioral health consumer advocates to refer any complaint, in accordance with a mutually established working agreement, to an appropriate state or local government a...
71.40.110
Working agreements.
(1) The contracting advocacy organization shall develop and implement working agreements with the protection and advocacy agency, the long-term care ombuds, the developmental disabilities ombuds, the corrections ombuds, and the children and family ombuds, and work in cooperation to assure efficient, coordinated service...
71.40.120
Liability—Confidentiality.
(1) No certified behavioral health consumer advocate is liable for good faith performance of responsibilities under this chapter. (2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee or volunteer of a behavioral health provider or facility, or a patient, resident, or client of a b...
71.40.130
Intent.
It is the intent of the legislature that: (1) Regional behavioral health ombuds programs existing prior to chapter 202, Laws of 2021 be integrated into this new statewide program and the ombuds from those programs be assessed and certified by the contracting advocacy organization as behavioral health consumer advocates...
71.40.140
Disclosure of records.
(1) All records and files of the office, the contracting advocacy organization, and any certified behavioral health consumer advocates related to any complaint or investigation made pursuant to carrying out their duties and the identities of complainants, witnesses, patients, residents, or clients and information that ...
71.98.010
Continuation of existing law.
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. [ 1959 c 25 s 71.98.010 .]
71.98.020
Title, chapter, section headings not part of law.
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law. [ 1959 c 25 s 71.98.020 .]
71.98.030
Invalidity of part of title not to affect remainder.
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected. [ 1959 c 25 s 71.98.030 .]
71.98.040
Repeals and saving.
See 1959 c 25 s 71.98.040 .
71.98.050
Emergency—1959 c 25.
This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. [ 1959 c 25 s 71.98.050 .]
71A.10.010
Legislative finding—Intent—1988 c 176.
The legislature finds that the statutory authority for the programs, policies, and services of the department of social and health services for persons with developmental disabilities often lack[s] clarity and contain[s] internal inconsistencies. In addition, existing authority is in several chapters of the code and fr...
71A.10.011
Intent—1995 c 383.
The legislature recognizes that the emphasis of state developmental disability services is shifting from institutional-based care to community services in an effort to increase the personal and social independence and fulfillment of persons with developmental disabilities, consistent with state policy as expressed in R...
71A.10.015
Declaration of policy.
The legislature recognizes the capacity of all persons, including those with developmental disabilities, to be personally and socially productive. The legislature further recognizes the state's obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enab...
71A.10.020
Definitions.
As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Administration" means the department of social and health services developmental disabilities administration. (2) "Assessment" means an evaluation is provided by the department to determine: (a) If...