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Wash. Rev. Code § 71.05.360

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Rights of involuntarily detained persons

Every person involuntarily detained is entitled to rights, which shall be posted in the facility. No person is presumed incompetent as a result of receiving treatment for a mental disorder  Furthermore, competency shall not be determined or withdrawn except within the context of a criminal conviction or appointment of guardianship by the court.  If a person leaves a public or private agency following a treatment for a mental disorder, they shall be given a written statement setting forth the substance of this section.

Each detained person shall have the right to adequate care and individualized treatment.  Any person receiving evaluation or treatment shall be given a reasonable choice of an available physician, psychiatric advanced registered nurse practitioner or other qualified professional to provide services.  Whenever a person is detained, the person and a family member shall be notified that the individual will be released within seventy-two hours.  A judicial hearing shall be held within seventy-two hours of detention to determine whether there is probable cause to detain the person for a longer period of time.

A person has a right to communicate with an attorney to represent him in a judicial hearing.  In addition, a person has the right to refuse psychiatric medication beginning twenty-four hours prior to a probable cause hearing.  Within twelve hours of detention, a person shall be given the contact information of a designated attorney.  During a probable cause hearing, a detained person has the right to present evidence on his or her behalf, cross-examine a witness, be proceeded against by the rules of evidence, remain silent and view a copy of all petitions and reports in the court file.

A detained person shall maintain his rights to wear his own clothes, use his own personal possessions, keep and use a reasonable sum of money, access storage space, have visitors, use the telephone, make confidential calls, receive letter writing materials, send uncensored mail and discuss treatment plans with a professional.  A person shall also have the right not to consent to the administration of antipsychotic medications, not to have electro-convulsant therapy performed on them, not to have psychosurgery and not to have their property disposed of unless the court deems that person incompetent.

Each person shall be informed of his or her right to a hearing to review their detention and his or her right to counsel.  A person shall have the right to designate a reasonably available independent physician, psychiatric advanced registered nurse practitioner or licensed mental health professional to examine the person for a proceeding.  Nothing shall prohibit a patient from petitioning for a writ of habeas corpus  

Related Laws: Wash. Rev. Code § 71.05.380

Current as of June 2015