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Wash. Rev. Code § 71.34.340
Link to the law
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Current as of June 2015
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Information concerning treatment of minors confidential — Disclosure — Admissible as evidence with written consent
All information regarding the provision of mental health services, including the admission of a minor to a facility, is confidential and may only be disclosed as follows:
- Mental health professionals may share treatment information as necessary to serve the minor or refer them for additional services.
- During guardianship or dependency proceedings.
- To persons responsible for the minor’s medical care.
- To the minor, their parents, or attorney. However, disclosure may be limited if the minor is the subject an investigation by a juvenile justice or care agency or the subject of a custody hearing.
- To persons authorized in writing by the minor or their parents.
- If necessary to obtain financial aid, insurance, or medical assistance for the minor or necessary for providers to collect fees for their services.
- To courts if necessary pursuant to the provision of mental health services under this chapter.
- To law enforcement, relatives, and other government officials in the event that a minor escapes from custody, leaves a facility without authorization, or otherwise violates a treatment order. Disclosure in such circumstances is limited to information that will protect the public or result in the apprehension of the minor.
- To the Secretary of the department of social and health services for data collection, program evaluation, and research purposes. The Secretary must adopt rules regarding the use of information for such purposes. These rules must require researchers to take an “oath of confidentiality.”
- To law enforcement agencies in the event of a crisis or emergency that poses imminent risk to the public. A provider that discloses, in good faith, information in an emergency situation is immune from any liability that might arise from their disclosure.
- Information regarding the minor’s admission into a facility or that the minor is “seriously physically ill,” may be disclosed the minor’s family, guardian, conservator, or legal representative as well as statements regarding the minor’s condition and their probable length of stay in the facility.
- Providers may alert a minor’s family of their death.
- To a facility where the minor lives.
- Information regarding the involuntary commitment, an official copy of any order or orders of commitment, and copy of any written or oral notice of ineligibility to possess a firearm may be disclosed to law enforcement. Law enforcement officers and prosecutors may disclose this information to the minor’s attorney and to the jury or judge at the minor’s trial.
- In relation to a correctional facility’s participation “in the postinstitutional medical assistance system.”
The limitations on disclosure do not prohibit the use of statistical data by researchers acting under standards developed by the Secretary. A minor or their parent must consent, in writing, to the introduction of information into evidence in a legal proceeding that regards the fact of their admission into a facility and the mental health services they have received.
Current as of June 2015