WPI 360.04 Behavioral Health Disorder—Involuntary Treatment—90 Days
6A WAPRAC WPI 360.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.04 Behavioral Health Disorder—Involuntary Treatment—90 Days
Before the respondent(fill in name)can be involuntarily treated for a period not to exceed 90 days, the petitioner must prove by clear, cogent, and convincing evidence that the respondent has a behavioral health disorder and that [he] [she]:
[has threatened, attempted, or inflicted [physical harm upon [the person of another] [or] [himself] [herself]] [or] [substantial damage upon the property of another] after having been taken into custody for evaluation and treatment; and as a result of a behavioral health disorder presents a likelihood of serious harm] [or]
[was taken into custody as a result of conduct in which [he] [she] attempted or inflicted physical harm upon [the person of another] [or] [himself] [herself] or substantial damage upon the property of others; and as a result of a behavioral health disorder continues to present a likelihood of serious harm] [or]
[is gravely disabled as a result of a behavioral health disorder] [or]
[is in need of assisted outpatient behavioral health treatment].
If you find that the respondent should be involuntarily treated, you must then decide whether the best interest of the respondent or others will be served by a less restrictive treatment that is an alternative to detention. Before the respondent can be detained for a period not to exceed 90 days, it must be proved by clear, cogent, and convincing evidence that no less restrictive treatment is in the best interest of the respondent or others.
NOTE ON USE
Use this instruction for 90-day involuntary treatment cases.
Under one set of circumstances, the instruction may also apply to a petition filed for 180-days ofinvoluntary treatment. See the discussion in the Comment to WPI 360.05 (Behavioral Health Disorder—Involuntary Treatment—180 Days).
Select bracketed paragraphs as applicable.
Use WPI 360.06 (Burden of Proof—Behavioral Health Disorder—Involuntary Treatment) and WPI 360.10.01 (Behavioral Health Disorder—Definition) with this instruction. As applicable, use WPI 360.05.03 (In Need of Assisted Outpatient Treatment—Definition), WPI 360.11 (Custody—Behavioral Health Disorder—Definition), WPI 360.12 (Gravely Disabled—Behavioral Health Disorder—Definition), and WPI 360.13 (Likelihood of Serious Harm—Behavioral Health Disorder—Definition) with this instruction.
COMMENT
Laws of 2020, Chapter 302, § 41; RCW 71.05.280; RCW 71.05.320(1).
Constitutional requirements. This instruction's first paragraph conforms with the U.S. Supreme Court's opinion in Foucha v. Louisiana, 504 U.S. 71, 112 S.Ct. 1780, 118 L.Ed.2d 437 (1992). In that case, the court invalidated a Louisiana statute that permitted indefinite detention of insanity acquittees who are not mentally ill but who do not prove that they would not be dangerous. The court held that under the Due Process Clause, a state may confine a person for mental illness only if it shows that the person is both mentally ill and dangerous. See also the discussion below for constitutional issues related to commitments based on a felony.
Burden of proof. In In re Detention of McLaughlin, 100 Wn.2d 832, 676 P.2d 444 (1984), the court held that the respondent is entitled to an instruction stating that the burden of proof is upon the petitioner to prove each element of its case by the requisite standard. The WPI Committee concluded that WPI 360.04, as revised, meets this requirement. The requirement is also reflectedin a revised version of WPI 360.06 (Burden of Proof—Behavioral Health Disorder—Involuntary Treatment).
Less restrictive alternative. RCW 71.05.320(2) mandates instructing on less restrictive treatment, as an alternative to detention in the 90-day treatment situation. The jury must be instructed to consider a less restrictive treatment that is an alternative to detention whether or not evidence shows a less restrictive alternative is available. In re Detention of R.A.W., 104 Wn.App. 215, 15 P.3d 705 (2001).
[Current as of January 2021.]
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