STATE EX REL. T.B. v. CPC FAIRFAX HOSP.

No. 63389-4.

918 P.2d 497 (1996)

129 Wash.2d 439

STATE of Washington ex rel. T.B., Petitioner/Appellant, v. CPC FAIRFAX HOSPITAL, Linda Borland, Christopher Borland, State of Washington, Respondents/Appellees.

Supreme Court of Washington, En Banc.

Decided June 27, 1996.


Attorney(s) appearing for the Case

David Zuckerman, Seattle, for Amicus Curiae.

Mary L. Perdue, Seattle, Daniel S. Gross, Albany, CA, Foster, Pepper & Shefelman, David Utevsky, Seattle, for Appellant.

Christine O. Gregoire, Atty. Gen., Lee Ann Miller, Daniel J. Radin, Asst. Attys. Gen., McIntyre & Barns, Mary K. McIntyre, Lee M. Barns, Seattle, Christopher Borland, Bellevue, for Respondent.


SANDERS, Justice.

The question presented is whether a child may be involuntarily incarcerated in a mental hospital by her parents and hospital staff without judicial oversight. We accepted the Court of Appeals' certification of the child's appeal from the trial court's denial of her petition for writ of habeas corpus. We reverse and order her release from incarceration, or the prospect thereof.

Two primary issues are presented: whether 1995 amendments to the...

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