FILED
FEBRUARY 14, 2017
In the Office of the Clerk of Court
WA State Court of Appeals, Division Ill
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
In the Matter of the Detention of ) No. 33973-4-111
)
R.D. )
) UNPUBLISHED OPINION
)
)
PENNELL, J. -R.D. appeals a 14-day involuntary treatment order, arguing it was
not preceded by a timely probable cause hearing. We affirm.
FACTS
R.D. was detained at Deaconess Hospital on November 9, 2015. That same day, a
mental health evaluation was performed, which concluded R.D. suffered from a mental
health disorder, was gravely disabled, and presented a likelihood of serious harm to
No. 33973-4-111
In re Det. ofR.D.
others. Based on the evaluation, a petition was submitted to the Spokane County Superior
Court seeking a 72-hour initial detention pursuant to chapter 71.05 RCW. R.D. was
personally served with a copy of the petition for initial detention, notice of rights, and
notice of emergency detention on November 9. The petition for initial detention was filed
on November 10.
R.D. was admitted to Eastern State Hospital on November 10, 2015. On
November 12, he was evaluated and diagnosed with affective psychosis by two
physicians at the hospital. Both physicians concluded R.D.'s mental illness affected his
volitional control and ability to make appropriate decisions for his health, safety, and
welfare. On November 13, the two physicians jointly filed a petition for 14-day
involuntary treatment. At 4:45 p.m. that same day a probable cause hearing was held in
superior court. At the hearing, R.D. 's attorney made an oral motion to dismiss the case
asserting the probable cause hearing was untimely. The motion was ultimately denied
and the court entered a 14-day involuntary treatment order. R.D. appeals.
ANALYSIS
R.D. is no longer detained. Nevertheless, his appeal is not moot since his
commitment order may have collateral consequences. See RCW 71.05.12. We therefore
proceed to the merits.
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In re Det. ofR.D.
In Washington, an individual cannot be involuntarily detained for mental health
treatment more than 72-hours without a probable cause hearing. See RCW 71.05.240.
The 72-hour period begins running when a treatment facility provisionally accepts a
petition and person for detention. In re Det. of Swanson, 115 Wn.2d 21, 33, 793 P.2d
962, 804 P.2d 1 (1990). The period excludes weekends and holidays. RCW 71.05.180.
R.D. was provisionally accepted for detention and treatment at Eastern State
Hospital on November 9, 2015, at 7:08 p.m. 1 The 72-hour initial detention period began
at that time. See In re Swanson, 115 Wn.2d at 33. Because Wednesday, November 11
was a legal holiday, Veterans' Day, it is not included in the calculation of the 72-hour
initial detention period. See RCW l.16.050(l)(h); 71.05.180; 71.05.240(1); CR 6(a). As
a result, R.D. 's 72-hour detention period was not set to expire until 7:08 p.m. on Friday,
November 13. The probable cause hearing was held within this time period. R.D.'s
arguments with respect to timeliness are unfounded.
1
In his brief, R.D. asserts his detention began on November 4, 2015, and his
attorney made the same reference during the probable cause hearing. Br. of Appellant at
1; Report of Proceedings (Nov. 13, 2015) at 4. There is no petition, order, nor document
in the record that supports this assertion. The record only indicates R.D. was initially
detained on November 9, 2015. R.D. bears the burden of perfecting the record on appeal.
See Rhinevault v. Rhinevault, 91 Wn. App. 688, 692, 959 P.2d 687 (1998).
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In re Det. of R.D.
CONCLUSION
The superior court's involuntary treatment order is affirmed.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
Pennell, J.
WE CONCUR:
Siddoway, J.
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