DETENTION OF D.W. v. DSHS

No. 90110-4.

332 P.3d 423 (2014)

181 Wn.2d 201

In the Matter of the DETENTION OF D.W., G.K., S.B., E.S., M.H., S.P., L.W., J.P., D.C., and M.P., Respondents, and Franciscan Health Care Systems and Multicare, Health System, Respondents/Intervenors, v. The DEPARTMENT OF SOCIAL AND HEALTH SERVICES and Pierce County, Appellants.

Supreme Court of Washington, En Banc.

August 7, 2014.


Attorney(s) appearing for the Case

Sarah Jane Coats , Attorney General of Washington, Jay Douglas Geck , Office of the Attorney General, Solicitor General Division Attorney General, Attorney at Law, Olympia, WA, Kenneth Lynn Nichols , Pierce County Prosecuting Attorney, Tacoma, WA, for Appellant.

Jennifer J. Sweigert , Nielsen Broman & Koch PLLC, Seattle, WA, for Respondent.

Eric John Neiman , Williams Kastner & Gibbs PLLC, Portland, OR, for Respondent Intervenor.

Emily Rebecca Cooper , David R. Carlson , Disability Rights Washington, Seattle, WA, for Amicus Curiae on behalf of Disability Rights Washington. National Alliance on Mental Illness Washington.

Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of Aclu.

Barbara Allan Shickich , Riddell Williams PS, Seattle, WA, for Amicus Curiae on behalf of Washington State Hospital Association, Association of Washington Public Hospital Districts, Washington State Medical Association, Wash Chapter of the American College of Emergency Physicians, Northwest Organization of Nurse Executives, Washington State Nurses Association, Seiu Healthcare 1199nw, Wash Council of Emergency Nurse Association.


GONZÁLEZ, J.

¶ 1 Washington State's involuntary treatment act (ITA), chapter 71.05 RCW, authorizes counties to briefly detain those who, "as the result of a mental disorder," present an imminent risk of harm to themselves or others, or are gravely disabled. RCW 71.05.153(1), .230. The initial brief detention is for the limited purpose of evaluation, stabilization, and treatment, and once someone is detained under the ITA, he or she is entitled to individualized...

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