Fill and Sign the Findings Conclusions and Order Form

Findings, Conclusions, and Order - Page 1 of 6 Committing Respondent for Involuntary Treatment MP 410 ( 07 /2019 ) RCW 71.05.020, 71.05.148, 71.05.240 Superior Court of Washington County of In re the Detention of: _ Respondent Case No. Findings, Conclusions, and Order Committing Respondent for Involuntary Treatment or Less Restrictive Treatment Clerk’s Action Required: para . 15 (MI) [ ] Mental Illness [ ] Substance Use Disorder [ ] 14 -day commitment (ORDT14) [ ] 14 -day commitment (ORDT14S) [ ] 90 -day LRA (ORDL90) [ ] 90 -day LRA (ORDL90S) [ ] 90 -day AOT (AOTL90) [ ] 90 -day AOT (AOTL90S) LRA/AOTL Expires on . Hearing The court held a hearing on (date) on the: [ ] Petition for 14 days of involuntary treatment OR 90 days of less restrictive alternative treatment. [ ] Petition for assisted outpatient behavioral health treatment. At the hearing: [ ] Respondent [ ] appeared in person [ ] appeared by video [ ] refused to appear [ ] Respondent waived his/her appearance through counsel . [ ] Separate appearance waiver has been filed. [ ] Respondent has orally waived his/her appearance to defense counsel, and the court accepts this waiver. [ ] GAL [ ] appeared in person [ ] appeared by video [ ] waived appearance [ ] GAL waived Respondent's appearance [ ] Petitioner appeared [ ] in person [ ] by video and was repres ented by DPA/AAG who appeared [ ] in person [ ] by video Findings, Conclusions, and Order - Page 2 of 6 Committing Respondent for Involuntary Treatment MP 410 ( 07 /2019 ) RCW 71.05.020, 71.05.148, 71.05.240 [ ] Respondent's Attorney appeared [ ] in person [ ] by video [ ] Witness appeared [ ] in person [ ] by video or [ ] under CR 43 by [ ] telephone [ ] [ ] Witne ss appeared [ ] in person [ ] by video or [ ] under CR 43 by [ ] telephone [ ] [ ] Agreed order In addition to the findings of fact and conclusions of law written below, the court incorporates by reference the oral findings of fact a nd conclusions of law. Findings of Fact The court makes the following findings of fact: 1. Time of Hearing. The hearing was held within the time period allowed in RCW 71.05.240. 2. Firearm Notice. (Not applicable for substance use disorder treatment .) Before this order was entered, the court notified the Respondent , orally and in writing, that the failure to make a good faith effort to seek voluntary treatment will result in the loss of Respondent’s firearm rights if Respondent is detained for involuntar y treatment as the result of a mental disorder. 3. Reasons for Commitment. Petitioner has proven by a preponderance of the evidence that Respondent suffers from a [ ] substance use disorder [ ] mental disorder . The diagnosis is . As a result o f that disorder ( check the boxes that apply and write facts in support below ): Likelihood of harm or gravely disabled: [ ] There is a substantial risk that Respondent: [ ] will inflict harm upon him/herself, as evidenced by threats or attempts to commit suicide or inflict physical harm to him/herself. [ ] will inflict harm upon another person, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm. [ ] will inflict harm to the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others. [ ] Respondent has threatened the physical safety of another and has a history of one or more violent acts. [ ] Respondent’s conditio n is such that Respondent: [ ] is in danger of serious physical harm resulting from the failure to provide for his/her essential needs of health or safety. [ ] manifests severe deterioration in routine functioning evidenced by repeated and escalating los s of cognitive or volitional control over actions and is not Findings, Conclusions, and Order - Page 3 of 6 Committing Respondent for Involuntary Treatment MP 410 ( 07 /2019 ) RCW 71.05.020, 71.05.148, 71.05.240 receiving such care as is essential for health and safety. Harmful consequences will follow if involuntary treatment is not ordered and Respondent is unable to make a rational decision regarding the need for treatment. In need of assisted outpatient behavioral health treatment: [ ] Respondent:  has been committed by a court to detention for involuntary behavioral health treatment during the preceding 36 months (excluding confinement as a result of a criminal conviction);  is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, based on a history of nonadherence with treatment or in view of the person’s current behavior;  is likely t o benefit from less restrictive alternative treatment; and  requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the Respondent presenting a likelihood of serious harm or the Resp ondent becoming gravely disabled within a reasonably short period of time. Facts in support : 4. Less Restrictive Alternative Treatment . [ ] Less restrictive alternative treatment is in the best interest of the Respondent or others. OR [ ] Less restrictive alternative treatment is not in the best interest of the Respondent or others. ( Explain :) 5. Voluntary Treatment. [ ] Respondent has not volunteered to undergo treatment. [ ] Good Faith Voluntary: The parties addressed the issue. Respondent is not willing or able in good faith to consent to voluntary treatment : . Findings, Conclusions, and Order - Page 4 of 6 Committing Respondent for Involuntary Treatment MP 410 ( 07 /2019 ) RCW 71.05.020, 71.05.148, 71.05.240 6. Adequate space for Respondent’s substance use disorder treatment. [ ] A secure withdrawal management and stabilization facility with adequate space for the responde nt [ ] is available [ ] is not available. [ ] An approved substance use disorder treatment program with adequate space for the respondent [ ] is available [ ] is not available. 7. [ ] Agreed Orde r. Respondent, after consultation with counsel , agrees to the entry of this order. 8. Other. Conclusions of Law 9. Jurisdiction. The court has jurisdiction over the parties and subject matter of this mental illness proceeding. 10 . Criteria. The Petitioner established by a preponderance of the evidence that the Respondent: [ ] presents a likelihood of serious harm. [ ] is gravely disabled. [ ] is in need of assisted outpatient behavioral health treatment and the Respondent does not present a likelihood of serious harm and is not gravely dis abled. The Court Orders 11 . Involuntary Treatment as follows: [ ] 14 -Day Commitment. The Respondent is detained for a period not to exceed 14 days of intensive inpatient treatment at this facility certified to provide treatment by the Department of Heal th: [ ] Inpatient mental health treatment at: [ ] Secure detox ification facility at: [ ] Approved substance use treatment program at: [ ] Other: Escape and Recapture. If the Respondent escapes from the treatment facility, any Peace Officer shall apprehend, detain, and return the respondent to this treatment facility or to the evaluation and treatment facility designated by a Designated Crisis Responder (DCR) . Findings, Conclusions, and Order - Page 5 of 6 Committing Respondent for Involuntary Treatment MP 410 ( 07 /2019 ) RCW 71.05.020, 71.05.148, 71.05.240 [ ] Less Restrictive Treatment as follows: [ ] 90 -Day Less Restrict ive Alternative Treatment. The Respondent is released to less restrictive alternative treatment (LRA) for up to 90 days: [ ] mental health treatment [ ] substance use disorder treatment [ ] 90 -Day Assisted Outpatient Behavioral Health Treatment . The Respondent is released for assisted outpatient treatment on a less restrictive alternative (AOTL) for up to 90 days: [ ] mental health treatment [ ] substance use disorder treatment LRA/AOT services and conditions: (name) is the mental health se rvice provider responsible for identifying the services the Respondent will receive in accordance with RCW 71.05.585. The following treatment conditions or other conditions are in the best interest of the respondent and others: _ _ _ _. Respondent mu st cooperate with the services planned by the mental health service provider. Violation and Hospitalizatio n. If a treatment agency or facility, or a Designated Crisis Responder (DCR), determines that the Respondent is not following the terms and condition s of this order, or that substantial deterioration in Respondent’s functioning has occurred, or substantial decompensation in Respondent’s functioning has occurred, or he/she poses a likelihood of serious harm, they may take action to enforce, modify, or r evoke the less restrictive alternative. If revocation procedures are begun under RCW 71.05.590(4), a hearing shall be held within five days to address the allegations and determine whether this order should be modified or whether the Respondent should be returned to an evaluation and treatment facility for intensive inpatient treatment for the remainder of the treatment period. (If the current less restrictive alternative is solely based on the respondent being in need of assisted outpatient behavioral heal th treatment , then revocation proceedings are under 71.05.590(6) ). 12. [ ] Transportation. The Respondent is remanded into the custody of _______________________ for transportation and delivery to the treatment facility. 13 . [ ] Concurrent Jurisdictio n. The Respondent will be placed in ___________________ County and that county shall have concurrent jurisdiction with this county to consider any Petition for Revocation of this Order without further order of this court. 14. Right to Full Hearing or Jur y Trial. If involuntary treatment beyond the 14 day period or beyond the 90 days of less restrictive treatment is to be sought, Respondent will have Findings, Conclusions, and Order - Page 6 of 6 Committing Respondent for Involuntary Treatment MP 410 ( 07 /2019 ) RCW 71.05.020, 71.05.148, 71.05.240 the right to a full hearing or jury trial as required by RCW 71.05.310. 15. Firearms Possession Prohibite d (not applicable for substance use disorder treatment ): Respondent shall immediately surrender any concealed pistol license s and Respondent may not possess a firearm unless Respondent’s right to do so is restored by a court of record. The Notice of Inelig ibility to Possess a Firearm is filed separately. 16. Notice to Department of Corrections. If Respondent is, or becomes, subject to supervision by the department of corrections, Respondent must notify the treatment provider and Respondent’s mental health treatment information and substance use disorder treatment information must be shared with the department of corrections for the duration of the Respondent's incarceration and supervision, under RCW 71.05.445. Upon a petition by a person who does not have a history of one or more violent acts, the court may, for good cause, find that public safety would not be enhanced by the sharing of this information. 17. Othe r: . Dated Judge / Commissioner Approved for entry Approved for entry Attorney for Petitioner DPA/AAG Attorney for Respondent WSBA No. WSBA No. Respondent Interpreter certifies that s /he has reviewed this order with Respondent . Interpreter