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MATTER OF DETENTION OF D.H.

No. 100716-7.

533 P.3d 97 (2023)

In the MATTER OF the DETENTION OF D.H., Petitioner.

Supreme Court of Washington.

Filed July 27, 2023.

Attorney(s) appearing for the Case

Jessica Constance Wolfe , Gregory Charles Link , Kate Benward , Richard Wayne Lechich , Washington Appellate Project, 1511 3rd Ave. Ste. 610, Seattle, WA, for Petitioner(s).

Marcus Jay Miller , Pierce County Pros. Attorney's Office, 930 Tacoma Ave. S. Rm. 946, Tacoma, WA, for Respondent(s).

Jazmyn Clark , La Rond Baker , American Civil Liberties Union of Wash., P. O. Box 2728, Seattle, WA, for Amiens Curiae on behalf of American Civil Liberties Union of Washington.

Todd Harris Carlisle , Disability Rights Washington, 315 5th Ave. S. Ste. 850, Seattle, WA, for Amicus Curiae on behalf of Disability Rights Washington.

Brian Richard Flaherty , King County Dept. of Public Defense, 710 2nd Ave. Ste. 200, Seattle, WA, for Amicus Curiae on behalf of King County Department of Public Defense.

Alexandria Marie Hohman , Lauber Law Group, 3501 Colby Ave. Ste. 201, Everett, WA, Amicus Curiae on behalf of Washington Defender Association.

En Banc.

¶1 This case concerns the test and remedy for when the State "totally disregards" the involuntary treatment act (ITA).1 See RCW 71.05.010(2).

¶2 DH was taken into emergency custody on an involuntary 72-hour hold as authorized by former RCW 71.05.153(1) (2019). Under the statutory...

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