§ 76.06 ADULT COMMITMENT STATUTE
Chapter 71.05 RCW was designed to reduce the possibility of involuntary commitment at each stage of the proceeding and is strongly influenced by criminal due process considerations. RCW 71.05.360. In case law, the courts emphasize the importance of reaching the merits in involuntary commitment proceedings and limit the use of dismissal as a remedy for technical violations of the statute unless the professional staff totally disregards statutory requirements. RCW 71.05.010(2). In re Detention of C.W., 147 Wn.2d 259, 270, 53 P.3d 979 (2002), demonstrates the application of this rule as to alleged violations of RCW 71.05.050. Commitment is permitted only on the basis of danger (a "likelihood of serious harm" to self or others or "gravely disabled") caused by a "mental disorder" for increasing periods of time, with an increased factual showing or an increased burden of proof at each stage of the proceeding.
[1] Definitions
"Gravely disabled" means a condition in which a person, as a result of a behavioral health disorder:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or
(b) manifests a severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety[.]
RCW 71.05.020(23).
"Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
RCW 71.05.020(35).
" 'Behavioral health disorder' means either a mental disorder as defined in this section, a substance use disorder as defined in this section, or a co-occurring mental disorder and substance use disorder." RCW 71.05.020(7).
" 'Mental disorder' means any organic, mental, or emotional...
