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WAC 246-341-0810

Involuntary and court-orderedEmergency individual detention mental health and substance use disorder services.

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 246-341-0300 through 246-341-0650, 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.
(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.
[Statutory Authority: 2018 c 201 and 2018 c 291. WSR 19-09-062, § 246-341-0810, filed 4/16/19, effective 5/17/19.]
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