Wash. Rev. Code § 71.05.290
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(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.
(2)(a)(i) The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by:
(A) One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and
(B) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an *advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner.
(b) The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(3) If a person has been determined to be incompetent pursuant to **RCW 10.77.645(7), then the professional person in charge of the treatment facility or his or her professional designee or the designated crisis responder may directly file a petition for 180-day treatment under RCW 71.05.280(3), or for 90-day treatment under RCW 71.05.280 (1), (2), or (4). No petition for initial detention or 14-day detention is required before such a petition may be filed.
[ 2023 c 453 s 23; 2022 c 210 s 16; 2020 c 302 s 42; 2017 3rd sp.s. c 14 s 18. Prior: 2016 sp.s. c 29 s 235; 2016 c 155 s 6; 2016 c 45 s 3; 2015 c 250 s 10; 2009 c 217 s 3; 2008 c 213 s 7; 1998 c 297 s 16; 1997 c 112 s 24; 1986 c 67 s 4; 1975 1st ex.s. c 199 s 6; 1974 ex.s. c 145 s 20; 1973 1st ex.s. c 142 s 34.]
Notes:
Reviser's note: *(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
**(2) This RCW reference has been corrected to reflect the reorganization of chapter 10.77 RCW by 2025 c 358 s 2.
Findings—2023 c 453: See note following RCW 10.77.400.
Effective date—2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21: See note following RCW 71.05.590.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.
(2)(a)(i) The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by:
(A) One physician, physician assistant, or psychiatric advanced practice registered nurse; and
(B) One physician, physician assistant, psychiatric advanced practice registered nurse, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an advanced practice registered nurse instead of a psychiatric advanced practice registered nurse.
(b) The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(3) If a person has been determined to be incompetent pursuant to *RCW 10.77.645(7), then the professional person in charge of the treatment facility or his or her professional designee or the designated crisis responder may directly file a petition for 180-day treatment under RCW 71.05.280(3), or for 90-day treatment under RCW 71.05.280 (1), (2), or (4). No petition for initial detention or 14-day detention is required before such a petition may be filed.
[ 2025 c 58 s 5151; 2023 c 453 s 23; 2022 c 210 s 16; 2020 c 302 s 42; 2017 3rd sp.s. c 14 s 18. Prior: 2016 sp.s. c 29 s 235; 2016 c 155 s 6; 2016 c 45 s 3; 2015 c 250 s 10; 2009 c 217 s 3; 2008 c 213 s 7; 1998 c 297 s 16; 1997 c 112 s 24; 1986 c 67 s 4; 1975 1st ex.s. c 199 s 6; 1974 ex.s. c 145 s 20; 1973 1st ex.s. c 142 s 34.]
Notes:
*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter 10.77 RCW by 2025 c 358 s 2.
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Findings—2023 c 453: See note following RCW 10.77.400.
Effective date—2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21: See note following RCW 71.05.590.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 35
cases (13 in the last 5 years), 1975–2025 · leading case: In re the Detention of M.W.
In re the Detention of M.W. (2016)
“Former RCW 71.05.290. Second, if the State meets this burden, then the individual must present “proof through an admissible expert opinion that the person’s condition has so changed such that the mental disorder or developmental disability no longer presents a substantial…”
Dunner v. McLaughlin (1984)
“3(h) satisfies the petition requirements of RCW 71.05.290, and (7) the prior commitment orders were inadmissible as prejudicial in the instant action.”
Allison v. Patterson (1978)
“Under RCW 71.05.290(3), a person found incompetent to stand trial pursuant to RCW 10.”
Diamond v. Cross (1983)
“RCW 71.05.290(2). [5-8] Though this general language is somewhat vague, we construe it as requiring a statement of all alternative grounds on which revocation or modification is sought.”
Alter v. Morris (1975)
“f court ordered treatment and, as a result of mental disorder presents a likelihood of serious harm to others; or (b) Was taken into custody as a result of conduct in which he attempted or inflicted serious physical harm upon the person of another, and continues to present, as a…”
In Re Detention of JR (1996)
“Here, the verb form is used as an adjective to modify the noun "physician” or "mental health professional.” Adjectives more completely describe the nouns they modify; they are not nouns.”
In Re the Personal Restraint of Harris (1980)
“Section 20 (RCW 71.05.290) provided for the filing of a petition for a 90-day extension during the 14-day confinement.”
Matter of Detention of Dydasco (1998)
“2d 989 (1996), the Court of Appeals held RCW 71.05.290, which requires a petition for a 90-day commitment to be accompanied by supporting affidavits, also applies to 180-day commitments.”
State v. Dydasco (1998)
“2d 1003 (1996), the Court of Appeals held RCW 71.05.290, which requires a petition for a 90-day commitment to be accompanied by supporting affidavits, also applies to 180-day commitments.”
Pierce County v. State (2008)
“RCW 71.05.290. If the court or a jury determines that the patient meets the criteria for 90 days of involuntary treatment, the court "shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department for a further…”
Pierce County v. State (2008)
“RCW 71.05.290. If the court or a jury determines that the patient meets the criteria for 90 days of involuntary treatment, the court “shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department for a further…”
In Re Detention of RP (1997)
“DISCUSSION The only question on appeal is whether the trial court erred when it imposed the affidavit requirements found in RCW 71.05.290, governing 90-day petitions, on a 180-day petition brought under RCW 71.”
— Wash. Rev. Code § 71.05.290(1) — 5 cases
Dunner v. McLaughlin (1984)
“3(h) satisfies the petition requirements of RCW 71.05.290, and (7) the prior commitment orders were inadmissible as prejudicial in the instant action.”
In re the Detention of W. (1993)
Detention Of Z.B.-F. (2024)
In Re The Detention Of M. G. (2025)
— Wash. Rev. Code § 71.05.290(2) — 7 cases
In re the Detention of M.W. (2016)
“Former RCW 71.05.290. Second, if the State meets this burden, then the individual must present “proof through an admissible expert opinion that the person’s condition has so changed such that the mental disorder or developmental disability no longer presents a substantial…”
Dunner v. McLaughlin (1984)
“3(h) satisfies the petition requirements of RCW 71.05.290, and (7) the prior commitment orders were inadmissible as prejudicial in the instant action.”
Diamond v. Cross (1983)
“RCW 71.05.290(2). [5-8] Though this general language is somewhat vague, we construe it as requiring a statement of all alternative grounds on which revocation or modification is sought.”
In Re Detention of JR (1996)
“Here, the verb form is used as an adjective to modify the noun "physician” or "mental health professional.” Adjectives more completely describe the nouns they modify; they are not nouns.”
In Re Detention of RP (1997)
“DISCUSSION The only question on appeal is whether the trial court erred when it imposed the affidavit requirements found in RCW 71.05.290, governing 90-day petitions, on a 180-day petition brought under RCW 71.”
— Wash. Rev. Code § 71.05.290(2)(a) — 2 cases
In Re The Detention Of: B.r. (2024)
In Re the Detention Of: B.R. (2024)
— Wash. Rev. Code § 71.05.290(2)(a)(i) — 1 case
In Re The Detention Of: C.C. (2023)
— Wash. Rev. Code § 71.05.290(2)(e) — 3 cases
In re the Detention of M.W. (2016)
“Former RCW 71.05.290. Second, if the State meets this burden, then the individual must present “proof through an admissible expert opinion that the person’s condition has so changed such that the mental disorder or developmental disability no longer presents a substantial…”
In re Det. of M. W. (2016)
In Re The Detention Of: C.C. (2023)
— Wash. Rev. Code § 71.05.290(3) — 10 cases
Allison v. Patterson (1978)
“Under RCW 71.05.290(3), a person found incompetent to stand trial pursuant to RCW 10.”
In Re the Personal Restraint of Harris (1980)
“Section 20 (RCW 71.05.290) provided for the filing of a petition for a 90-day extension during the 14-day confinement.”
Alter v. Morris (1975)
“f court ordered treatment and, as a result of mental disorder presents a likelihood of serious harm to others; or (b) Was taken into custody as a result of conduct in which he attempted or inflicted serious physical harm upon the person of another, and continues to present, as a…”
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