WPI 360.23 Special Verdict Form [B]—Behavioral Health Disorder—Involuntary Treatment—in Need of...
6A WAPRAC WPI 360.23Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.23 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.23 Special Verdict Form [B]—Behavioral Health Disorder—Involuntary Treatment—in Need of Assisted Outpatient Treatment
(Insert case caption.)
We, the jury, answer the questions submitted by the court as follows:
[Preliminary Question: Does the respondent, (name of respondent), have a behavioral health disorder?
ANSWER: (Write “yes” or “no”)]
(DIRECTION: If your answer to the preliminary question is “no,” do not answer any further questions. Sign this verdict form and notify the bailiff. If your answer to the Preliminary Question is “yes,” then you must answer questions [1], [2], [3], [4] [and] [5], as instructed below.)
[QUESTION 1: As a result of a behavioral health disorder [has the respondent,(name of respondent), been committed by a court to detention for involuntary behavioral health treatment at least twice during the preceding thirty-six months?] [or] [is the respondent,(name of respondent), currently committed for involuntary behavioral health treatment and has respondent been committed for involuntary treatment at least once during the thirty-six months preceding the date of the initial detention of the current commitment cycle?]
ANSWER: (Write “yes” or “no”)]
QUESTION 2: As a result of a behavioral health disorder, is(name of respondent)unlikely to voluntarily participate in outpatient treatment without an order for less restrictive treatment, in view of [his] [her] [treatment history] [or] [current behavior]?
ANSWER: (Write “yes” or “no”)
QUESTION 3: As a result of a behavioral health disorder, is(name of respondent)unlikely to survive safely in the community without supervision?
ANSWER: (Write “yes” or “no”)
QUESTION 4: As a result of a behavioral health disorder, is(name of respondent)likely to benefit from less restrictive alternative treatment?
ANSWER: (Write “yes” or “no”)
QUESTION 5: As a result of a behavioral health disorder, does(name of respondent)require less restrictive 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].
ANSWER: (Write “yes” or “no”)
(DIRECTION: Sign this form and notify the bailiff.)
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NOTE ON USE
Use this verdict form:
- 1. When the petitioner is seeking only outpatient treatment under RCW 71.05.280. Use the Preliminary Question.or
- 2. When using Verdict Form A if the answers to Question 1 and any subpart are “Yes” and the remaining answers are “No.” Do not use the Preliminary Question.
Use bracketed material as applicable. Use WPI 360.20 (Concluding Instruction—Behavioral Health Disorder—Involuntary Treatment) with this verdict form.
COMMENT
The Legislature amended RCW 71.05 et seq. to collectively refer to mental illness and substance abuse as behavioral health disorders. See Laws of 2020, Chapter 302, § 41. This verdict form has been modified for this edition. No substantive change is intended.
RCW 71.05.020; RCW 71.05.280; RCW 71.05.320. In 2015, the Legislature amended the Involuntary Treatment Act to provide that a person may be committed then for involuntary mental health treatment if he or she, due to a mental disorder, is in need of assisted outpatient mental health treatment. RCW 71.05.280(5).
[Current as of August 2021.]
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