WPI 360.05.03 In Need of Assisted Outpatient Treatment—Definition
6A WAPRAC WPI 360.05.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.05.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.05.03 In Need of Assisted Outpatient Treatment—Definition
In need of assisted outpatient behavioral health treatment means that a person, as a result of a behavioral disorder:
(1) [has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months] [or]
[is currently committed for involuntary behavioral health treatment and has been committed to detention for involuntary behavioral health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle];
(2) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's [treatment history] [or] [current behavior];
(3) is unlikely to survive safely in the community without supervision;
(4) is likely to benefit from less restrictive alternative treatment; and
(5) requires less restrictive alternative treatment to prevent [a] [relapse] [,] [decompensation] [,] [or] [deterioration] that is likely to result in the person [presenting a likelihood of serious harm] [or] [becoming gravely disabled within a reasonably short period of time].
NOTE ON USE
Use with WPI 360.04 (Behavioral Health Disorder—Involuntary Treatment—90 Days), WPI 360.05 (Behavioral Health Disorder—Involuntary Treatment—180 Days), WPIC 360.21 (Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment), and WPIC 360.22 (Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment).
Use paragraphs (1), (2), and (3) to the extent the elements are supported by the evidence and reletter/renumber as needed.
COMMENT
Laws of 2020, Chapter 302, § 41; RCW 71.05.020(27); RCW 71.05.280; RCW 71.05.320.
For purposes of (1) of this instruction, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation. If there is an issue regarding calculation of the thirty-six month period, then the instruction will need to be modified.
[Current as of January 2021.]
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