Form MP460 "Order Revoking Less Restrictive Alternative Treatment / Conditional Release (Orlrat)" - Washington

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  • Released on June 1, 2020;
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Download Form MP460 "Order Revoking Less Restrictive Alternative Treatment / Conditional Release (Orlrat)" - Washington

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Superior Court of Washington
County of
In re the Detention of:
Case No.
Order Revoking Less Restrictive
Alternative Treatment / Conditional
Respondent
Release
(ORLRAT)
Hearing
The court held a hearing on the [ ] petitioner/s’ [ ] court’s revocation petition/motion in this case.
At the hearing:
[ ] Respondent appeared [ ] in person [ ] by video
and was represented by
[ ] Respondent waived their appearance through counsel.
[ ] Separate appearance waiver has been filed.
[ ] Respondent orally waived their appearance through defense counsel, and the court
accepts this waiver.
[ ] Petitioner appeared [ ] in person [ ] by video
and was represented by
[ ] GAL [ ] appeared in person [ ] appeared by video [ ] waived appearance
[ ] GAL waived Respondent's appearance
[ ] Witness
appeared [ ] in person [ ] by video or
[ ] under CR 43 [ ] by telephone [ ]
[ ] Witness
appeared [ ] in person [ ] by video or
[ ] under CR 43 [ ] by telephone [ ]
[ ] Agreed Order
ORLRAT
Order Revoking Less Restrictive Alternative (
) - Page 1 of 4
Treatment / Conditional Release
RCW 71.05.590
MP 460 (06/2020)
Superior Court of Washington
County of
In re the Detention of:
Case No.
Order Revoking Less Restrictive
Alternative Treatment / Conditional
Respondent
Release
(ORLRAT)
Hearing
The court held a hearing on the [ ] petitioner/s’ [ ] court’s revocation petition/motion in this case.
At the hearing:
[ ] Respondent appeared [ ] in person [ ] by video
and was represented by
[ ] Respondent waived their appearance through counsel.
[ ] Separate appearance waiver has been filed.
[ ] Respondent orally waived their appearance through defense counsel, and the court
accepts this waiver.
[ ] Petitioner appeared [ ] in person [ ] by video
and was represented by
[ ] GAL [ ] appeared in person [ ] appeared by video [ ] waived appearance
[ ] GAL waived Respondent's appearance
[ ] Witness
appeared [ ] in person [ ] by video or
[ ] under CR 43 [ ] by telephone [ ]
[ ] Witness
appeared [ ] in person [ ] by video or
[ ] under CR 43 [ ] by telephone [ ]
[ ] Agreed Order
ORLRAT
Order Revoking Less Restrictive Alternative (
) - Page 1 of 4
Treatment / Conditional Release
RCW 71.05.590
MP 460 (06/2020)
In addition to the written findings of fact and conclusions of law, the court incorporates by
reference the oral findings of fact and conclusions of law.
Findings of Fact
1.
The court reviewed the relevant court file and received testimony, if any, and finds by
clear, cogent, and convincing evidence that:
[ ] Waiver of Hearing. Respondent waives hearing on the revocation petition and agrees
to hospitalization.
[ ] LRA Based on Felony Charges, Likelihood of Harm, Gravely Disabled:
[ ] Violation of Order. Respondent violated the terms and conditions of the order and
judgment for less restrictive alternative treatment/conditional release entered into
on
by:
[ ] Substantial Deterioration of Functioning. A substantial deterioration of the
Respondent's functioning has occurred.
[ ] Substantial Decompensation. Respondent has suffered a substantial
decompensation with a reasonable probability that the decompensation can be
reversed by further inpatient treatment.
[ ] Likelihood of Serious Harm. Respondent poses a likelihood of serious harm.
[ ] LRA Based On Assisted Outpatient Behavioral Health Treatment. As a result of a
behavioral health disorder:
[ ] Likelihood of Serious Harm.
There is a substantial risk that Respondent:
[ ] will inflict harm upon themself, as evidenced by threats or attempts to commit
suicide or inflict physical harm to themself.
[ ] will inflict harm upon another person, as evidenced by behavior which has caused
such harm or which places another person or persons in reasonable fear of
sustaining such harm.
[ ] will inflict harm to the property of others, as evidenced by behavior which has
caused substantial loss or damage to the property of others.
[ ] Gravely Disabled. Respondent is gravely disabled.
[ ] is in danger of serious physical harm resulting from a failure to provide for his or
her essential human needs of health or safety.
[ ] manifests severe deterioration in routine functioning evidenced by repeated and
escalating loss of cognitive or volitional control over his or her actions and is not
receiving such care as is essential for his or her health or safety.
Treatment. After considering less restrictive alternatives to involuntary detention and
treatment, no such alternatives are in the best interests of the Respondent or others. There
are no viable modifications to the less restrictive alternative treatment order that are in the
best interests of the Respondent or others. The best interests of the Respondent and others
would be served if the Respondent was committed for inpatient treatment.
ORLRAT
Order Revoking Less Restrictive Alternative (
) - Page 2 of 4
Treatment / Conditional Release
RCW 71.05.590
MP 460 (06/2020)
2.
Adequate space for Respondent’s substance use disorder treatment.
[ ] A secure withdrawal management and stabilization facility with adequate space for the
respondent [ ] is available [ ] is not available.
[ ] An approved substance use disorder treatment program with adequate space for the
respondent [ ] is available [ ] is not available.
[ ] Agreed Order. Respondent, after consultation with counsel, agrees to the entry of this
3.
order.
4.
Other:
Conclusions of Law
The court makes the following conclusions of law:
5.
Jurisdiction. The court has jurisdiction over the parties and subject matter of this mental
illness proceeding; and
6.
Commitment for Inpatient Treatment. The court should order the Respondent
committed for a period of inpatient treatment.
7.
Other:
Orders
The court orders that:
8.
Remand and Commitment. Respondent is remanded into the custody of DSHS
or to a facility certified by the Department of Health for commitment:
[ ] Inpatient mental health treatment at:
[ ] Secure withdrawal management and stabilization facility at:
[ ] Approved substance use disorder treatment program at:
[ ] Other:
for a period not to exceed (select one):
[ ] (check only if LRA was based on an IDP or 14-day inpatient treatment/90-day less
restrictive treatment petition.)
14 days from (date of revocation hearing):
[ ] (check only if LRA was based on a 90-day or 180-day inpatient treatment or less
restrictive treatment petition.)
ORLRAT
Order Revoking Less Restrictive Alternative (
) - Page 3 of 4
Treatment / Conditional Release
RCW 71.05.590
MP 460 (06/2020)
(number of days remaining on the LRA):
days
9.
Escape and Recapture. If the Respondent escapes from the treatment facility, any Peace
Officer shall apprehend, detain, and return the Respondent to the treatment facility or to
the evaluation and treatment facility designated by a Designated Crisis Responder.
[ ] Transportation. The Respondent is remanded into the custody of:
for transportation and
delivery to the treatment facility.
10.
Other:
Dated
Judge / Commissioner
Approved for entry
Approved for entry
Attorney for Petitioner DPA/AAG
Attorney for Respondent
WSBA No.
WSBA No.
Respondent
Interpreter certifies that he/she has reviewed this order with Respondent.
Interpreter
ORLRAT
Order Revoking Less Restrictive Alternative (
) - Page 4 of 4
Treatment / Conditional Release
RCW 71.05.590
MP 460 (06/2020)
Page of 4