Revised Code of Washington
Wash. Rev. Code § 10.05.040 (2026)
✓ current as of May 2026
Find cases:
SyfertCases citing this section
WA-LEGapp.leg.wa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
The program to which such person is referred, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall conduct an investigation and examination to determine:
(1) Whether the person suffers from the problem described;
(2) Whether the problem is such that if not treated, or if no child welfare services are provided, there is a probability that similar misconduct will occur in the future;
(3) Whether extensive and long term treatment is required;
(4) Whether effective treatment or child welfare services for the person's problem are available; and
(5) Whether the person is amenable to treatment or willing to cooperate with child welfare services.
Notes:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
The program to which such person is referred, or the department of children, youth, and families if the petition is brought under RCW 10.05.020(2), shall conduct an investigation and examination to determine:
(1) Whether the person suffers from the problem described;
(2) Whether the problem is such that if not treated, or if no child welfare services are provided, there is a probability that similar misconduct will occur in the future;
(3) Whether extensive and long term treatment is required;
(4) Whether effective treatment or child welfare services for the person's problem are available; and
(5) Whether the person is: (a) Amenable to treatment as demonstrated by (i) completion of residential treatment; (ii) completion of a minimum of 18 hours of intensive outpatient treatment, for substance use disorder petitions; (iii) completion of a minimum of six mental health sessions, for mental health disorder petitions; or (iv) completion of a minimum of six domestic violence treatment sessions for domestic violence petitions; or (b) willing to cooperate with child welfare services. The requirement for completing a minimum number of sessions may be waived if the court finds good cause.
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Notes of Decisions
Cited in 3
cases, 1980–2013 · leading case: State v. Velasquez, 292 P.3d 92 (Wash. 2013).
State v. Velasquez, 292 P.3d 92 (Wash. 2013). “RCW 10.05.040. ¶9 After the investigation and examination, the facility makes a written report to the court stating its findings and recommendations.”
State v. Cascade Dist. Court, 621 P.2d 115 (Wash. 1980). “RCW 10.05.040, .050. If the court approves the treatment plan and the defendant agrees both to comply with its terms and to pay the costs involved, the court may order deferred prosecution.”
State v. Hayes, 683 P.2d 237 (Wash. Ct. App. 1984). “RCW 10.05.040, .050. If the court approves the plan and the accused agrees to its terms, the court may order deferred prosecution.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.