THE BASICS OF CHEMICAL DEPENDENCY INVOLUNTARY TREATMENT:
Some Questions and Answers

Q. What is the purpose of involuntary treatment for chemical dependency?

Involuntary commitment serves to:

• Provide a therapeutic intervention for chemically dependent persons who are not able to make a rational decision about their need for treatment due to their drinking or drug use;
• Provide assessment and treatment services to chronic public inebriates who are often homeless, have little or no self-regard, and are manifesting behaviors that may infringe upon the community at large;
• Provide a continuum of care for difficult-to-reach clients;
• Protect the public safety.

Q. What are the criteria for chemical dependency commitment?

The criteria, described in RCW 70.96A140 are as follows:

• The person is chemically dependent and presents a likelihood of serious harm or is gravely disabled by alcohol or drug addiction; OR
• The person has twice before in the preceding twelve months been admitted for detoxification, sobering services, or chemical dependency treatment pursuant to RCW 70.96A and is need of a more sustained treatment program; OR
• The person is chemically dependent and has threatened, attempted, or inflicted physical harm on another and is likely to inflict physical harm on another unless committed.

Q. Can physicians or family members petition for commitment of a patient or relative?

No. Only the County Designated Chemical Dependency Involuntary Treatment Specialist (CDITS) can initiate the process for adults. There is currently two CDITS who are responsible for investigating and filing petitions for those individuals who fall within the purview of the Chemical Dependency Involuntary Treatment Law (RCW 70.96A.140). Another CDITS will be added in the fall of 1999.

Q. How do you access Chemical Dependency Involuntary Treatment Specialists?

Involuntary Chemical Dependency Treatment Specialists can be accessed by calling (206) 296-7612, Monday through Friday from 8:00 a.m. to 5:00 p.m. and leaving a message. When making an inquiry about a particular case, please be ready to answer questions about issues surrounding criteria as explained in this web site, namely chemicaly dependency, threat of harm, and/or previous treatment history.

Q. How does the process work?

Initial referral can be from anyone (such as family, friend, landlord, social worker, public health nurse, or doctor) who has a concern about the person's chemical dependency or behaviors resulting from drinking or use of other psychoactive chemicals. The CDITS interviews the person making the referral, gathers all pertinent information, and determines initially if a case may exist for commitment.

• If it appears a case exists for commitment, the person making the referral is asked to complete a delcaration and, if possible, a second declaration is obtained from another person who has knowledge of the person's chemical dependency or has observed behavior as described in the criteria listed above related to the person's chemical dependency.
• The person referred is then evaluated by the CDITS and offered the opportunity to enter treatment on a voluntary basis. If the person refuses, a petition may be filed for commitment with the superior court or district court if a bed in an appropriate chemical dependency program is available.
• A hearing must be held no less than two and no more than seven days after the date the petition was filed (unless the person is being detained in a program, in which case the hearing must take place within seventy-two hours exclusive of Saturdays, Sundays and holidays).
• If after the hearing the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing proof, the court shall make an order of commitment to an approved treatment program. An order of commitment shall not be made unless it is determined that an approved treatment program is available and able to provide adequate and appropriate treatment for the person for whom commitment is being sought.

Q. Where does a committed patient go for treatment?

A person committed to chemical dependency treatment may go to any state-approved treatment program. The CDITS will determine the appropriate treatment program for each person based on his or her evaluation of the person. Persons determined to be at risk for leaving a treatment program before completion may be sent to a locked treatment program, Pioneer Center North in Sedro Woolley, a semi-secure facility.

Q. How long will the person be in treatment if committed?

A person committed under RCW 70.96A.140 is required to remain in treatment for a period of sixty days unless discharged sooner. At the end of the sixty-day period, he or she is automatically discharged unless the program files a petition for recommitment before the initial sixty-day period expires. A recommitment is for a period of ninety days unless sooner discharged.

• If the program files for a recommitment, the program must prove that the original grounds for commitment still exist and that further treatment will most likely bring about significant improvement in the person's condition and that continued treatment is adequate and appropriate.
• The person may be discharged from the program before the end of the period for which he or she has been committed if either of the following conditions are met:
1. In the case of a chemically-dependent person committed on the grounds of likelihood of infliction of physical harm upon himself, herself or another, the likelihood no longer exists; or further treatment will not likely bring about significant improvement in the person's condition, or the treatment is no longer adequate or appropriate.
2. In the case of a chemically-dependent person committed on the grounds of need for treatment and incapacity, that the incapacity no longer exists.

Contact Information:

King County Crisis & Commitment Services
401 5th Avenue, Suite 400
Seattle, WA  98104
206-263-9200
FAX 206-205-5192