71.05.290 - Petition for additional confinement -- Affidavit. - Washington Statutes

Petition for additional confinement — Affidavit.

(1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated mental health professional may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.

     (2) The petition shall summarize the facts which support the need for further confinement and shall be supported by affidavits signed by:

     (a) Two examining physicians;

     (b) One examining physician and examining mental health professional;

     (c) Two psychiatric advanced registered nurse practitioners;

     (d) One psychiatric advanced registered nurse practitioner and a mental health professional; or

     (e) An examining physician and an examining psychiatric advanced registered nurse practitioner. The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter.

     (3) If a person has been determined to be incompetent pursuant to RCW 10.77.086(4), then the professional person in charge of the treatment facility or his or her professional designee or the designated mental health professional may directly file a petition for one hundred eighty day treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed.

[2009 c 217 § 3; 2008 c 213 § 7; 1998 c 297 § 16; 1997 c 112 § 24; 1986 c 67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20; 1973 1st ex.s. c 142 § 34.]

Notes: Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.