Taken In For An Evaluation
RCW 71.05.153 — emergency detention, with clocks in hours from arrival
In Washington, when a designated crisis responder receives information that a person, as the result of a behavioral health disorder, presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled, the responder investigates the facts and the reliability of whoever provided them. After that, the responder may take the person, or order them taken, into emergency custody at an emergency department, evaluation and treatment facility, or other listed program, for not more than one hundred twenty hours.
A peace officer may also take or cause the person to be taken into custody and immediately delivered to a crisis stabilization unit, an evaluation and treatment facility, the emergency department of a local hospital or another listed facility, when the officer has reasonable cause to believe the person has a behavioral health disorder and meets the same standard.
| Stage | What the section requires |
|---|---|
| StageHold by the facility after a peace officer delivers the person | What the section requiresUp to twelve hours, not counting time before medical clearance |
| StageExamination at an emergency department | What the section requiresWithin three hours after arrival, by a mental health or substance use disorder professional |
| StageDecision by the designated crisis responder | What the section requiresWithin twelve hours of notice of the need for evaluation |
| StageEmergency custody ordered by the responder | What the section requiresNot more than one hundred twenty hours |
- The facility asks about the person's veteran status, and where the person appears eligible and willing, the responder first refers them to the veterans health administration.
- The responder tries to find out whether the person has signed a mental health advance directive.
What happens after emergency custody, the petition for further treatment and the probable cause hearing, is in other sections of the chapter and is not reproduced here. Whether a detention met the statute is a question for a court and for a licensed Washington attorney.
Sources for this section (1)
- RCW 71.05.153 — Emergency detention of persons with behavioral health disorders
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.