Revised Code of Washington

Wash. Rev. Code § 71.05.160 (2026)

Petition for initial detention

✓ current as of May 2026
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(1) Any facility receiving a person pursuant to RCW 71.05.150 or 71.05.153 shall require the designated crisis responder to prepare a petition for initial detention stating the circumstances under which the person's condition was made known and stating that there is evidence, as a result of his or her personal observation or investigation, that the actions of the person for which application is made constitute a likelihood of serious harm, or that he or she is gravely disabled, and stating the specific facts known to him or her as a result of his or her personal observation or investigation, upon which he or she bases the belief that such person should be detained for the purposes and under the authority of this chapter.
(2)(a) If a person is involuntarily placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program pursuant to RCW 71.05.150 or 71.05.153, on the next judicial day following the initial detention, the designated crisis responder shall file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention.
(b) If the person is involuntarily detained at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program in a different county from where the person was initially detained, the facility or program may file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention at the request of the designated crisis responder.
[ 2020 c 302 s 18; 2019 c 446 s 19; 2016 sp.s. c 29 s 217; 2007 c 375 s 13; 1998 c 297 s 9; 1997 c 112 s 10; 1974 ex.s. c 145 s 9; 1973 1st ex.s. c 142 s 21.]

Notes:

Effective dates2016 sp.s. c 29: See note following RCW 71.05.760.
Short titleRight of action2016 sp.s. c 29: See notes following RCW 71.05.010.
FindingsPurposeConstructionSeverability2007 c 375: See notes following RCW 10.31.110.
Effective datesSeverabilityIntent1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1982–2026 · leading case: Volk v. DeMeerleer, 386 P.3d 254 (Wash. 2016).
Volk v. DeMeerleer, 386 P.3d 254 (Wash. 2016). “Thus, a practitioner could be expected to violate patient confidentiality by contacting county-designated mental health professionals, who would then evaluate the case and, in their discretion, petition the court for involuntary commitment of a given patient.”
Matter of Harris, 654 P.2d 109 (Wash. 1982). “RCW 71.05.160. The statute does not require the mental health professional even to attempt to personally interview the person against whom the claim is brought.”
Matter of Det. of As, 955 P.2d 836 (Wash. Ct. App. 1998). “Civil Commitment Scheme Under the Washington civil commitment scheme, a person may be initially detained for evaluation and treatment through either of two procedures: (i) petition by a county designated mental health professional (CDMHP) and order by a superior court; or (ii)…”
In Re Det. of As, 982 P.2d 1156 (Wash. 1999). “RCW 71.05.160 requires: If a person is involuntarily placed in an evaluation and treatment facility pursuant to RCW 71.”
State v. A.S., 138 Wash. 2d 898 (Wash. 1999). “RCW 71.05.160 requires: If a person is involuntarily placed in an evaluation and treatment facility pursuant to RCW 71.”
Stevens Cnty. v. Stevens Cnty. Sheriff's Dep't (Wash. Ct. App. 2021). · cites it 3× “RCW 71.05.160 (1) Any facility receiving a person pursuant to RCW 71.”
Volk v. DeMeerleer (Wash. 2016). “RCW 71.05.160. 5 Massachusetts's Supreme Judicial Court noted the changes promulgated by the Third Restatement in its 2009 Leavitt v.”
In Re The Det. Of: D. F. (Wash. Ct. App. 2018). “The DMHP filed a Petition for Initial Detention under RCW 71.05.160. D.F. was detained for 72 hours of evaluation and treatment at the Mental Health Center of Skagit Valley Hospital under the care of treating physician Dr.”
Volk v. DeMeerleer (Wash. 2016). “RCW 71.05.160. 5 Massachusetts's Supreme Judicial Court noted the changes promulgated by the Third Restatement in its 2009 Leavitt v.”
In Re Det. Of A.r. (Wash. Ct. App. 2026). “RCW 71.05.160(1). The facility may detain a person for evaluation and treatment for not longer than 120 hours.”
— Wash. Rev. Code § 71.05.160(1) — 2 cases
Stevens Cnty. v. Stevens Cnty. Sheriff's Dep't (Wash. Ct. App. 2021). “RCW 71.05.160 (1) Any facility receiving a person pursuant to RCW 71.”
In Re Det. Of A.r. (Wash. Ct. App. 2026). “RCW 71.05.160(1). The facility may detain a person for evaluation and treatment for not longer than 120 hours.”
— Wash. Rev. Code § 71.05.160(2) — 1 case
Stevens Cnty. v. Stevens Cnty. Sheriff's Dep't (Wash. Ct. App. 2021). “RCW 71.05.160 (1) Any facility receiving a person pursuant to RCW 71.”
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