In Re Det. of D.W. (Majority)
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In early 2013, Pierce County detained the 10 respondents in this case (all patients) under the Involuntary Treatment Act (ITA). In most cases, the respondents were initially held in hospital emergency rooms or in local acute care medical hospitals. None of these sites were certified as evaluation and treatment centers under the ITA. In all cases, the county, through one of its designated mental health providers, filed petitions to hold the respondents for up to 14 more days. Several of the involuntarily detained patients moved to dismiss these 14-day petitions on the grounds that they had not been, and believed they would not be, detained in a certified evaluation and treatment facility. A trial judge found that the patients' placement in uncertified treatment centers, a/k/a "psychiatric boarding," was unlawful. Pierce County appealed, but the Supreme Court agreed with the trial judge and affirmed.
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