Information for participants in the King County Superior Court Involuntary Treatment Act court

The Involuntary Treatment Act (ITA) Court handles involuntary behavioral health commitment cases. People with a behavioral health disorder who present a risk to themselves or others may be detained involuntarily and placed into one of the King County inpatient mental health Evaluation and Treatment facilities:

• Harborview Medical Center
• Fairfax Hospital
• Navos Inpatient Services
• Northwest Geropsychiatric Hospital
• Connections Health Solutions
• Swedish Ballard
• Telecare
• Valley Cities
• Multicare Auburn, or
• A Secure Withdrawal Management and Stabilization Facility (Recovery Place Kent)

Patients being involuntarily detained have the right to have a court hearing in front of a Superior Court Judge or Commissioner where a prosecutor must present evidence to prove that the patient meets the legal criteria for an involuntary commitment. These hearings take place in ITA Court via video.

When a patient is detained by the King County Designated Crisis Responders (DCRs), the patient cannot be held involuntarily for more than 120 hours (excluding weekends and holidays) without a hearing before a Superior Court Judge or Commissioner.

During the 120 hours, the hospital employees evaluate the patient and provide treatment and safety. If the hospital treatment team determines that the patient should be held for more than 120 hours, the hospital petitions the court for an order of involuntary treatment and a hearing is scheduled.

If you have received a subpoena to testify in a case, you will have been asked to appear testify via video on the day of the scheduled hearing. If you are unable to testify via video, your presence may be required at ITA Court. The first hearings of the day start at 9:30 am and last throughout the day.

The ITA Court has a high volume of cases and prioritizes cases based upon a number of factors including: the treatment needs of the patients, when the legal case expires, the availability of necessary interpreters, compliance with timelines established by law, and the availability of an open courtroom. Unfortunately, the factors determining a case’s priority may change throughout the court day.

Accordingly, you may have to wait for several hours before you testify. If you call the witness check in line (206-477-2714) before 3:00 pm the day before the hearing, a paralegal may be able to give you more specific information about when your case will be heard.

The parties of the legal case are the patients, the parents of juvenile patients, and the hospitals. The hospitals are represented by an attorney from the King County Prosecuting Attorney's Office. It is the prosecutor's job to develop and present the legal case for the need of involuntary commitment. The prosecutor reviews the facts that led to the patient’s commitment and what has happened since the patient was hospitalized. The prosecutor consults with the behavioral health professional from the hospital who is the expert witness in the court proceeding.

Public defense attorneys are assigned to represent the patients at no cost. The public defender supports and defends the rights of the patient. The defense attorney represents the patient’s wishes in court, even if that may not be in the patient’s or the community’s best interest. This representation may include filing preliminary motions that are researched and argued prior to a hearing on the merits of a case.

The law has many specific requirements regarding the private and confidential nature of medical treatment records that dictate what information can be provided to others. Unless the patient has signed a release of information for you, the hospital staff and attorneys may be unable to share particular details about a patient’s care with you. However, hospital staff and the prosecutors are able to tell you about the general care and services provided to patients at the hospitals.

Many cases are resolved without a hearing if the patient and the hospital agree on a resolution. This resolution may include the patient agreeing to the commitment order, a continuance of the hearing with the patient remaining inpatient, or the patient leaving the hospital for outpatient treatment. In those instances, no one testifies in court on the day of the hearing. If the patient and the hospital agree on a continuance, you may be required to provide testimony on the new court date. If a resolution cannot be reached, the case may proceed to an evidentiary hearing where a judge makes a decision about the patient’s behavioral health disorder and treatment.

In order for a case to be legally sufficient to proceed to a hearing, the prosecutor, who represents the hospital, must be able to prove that the patient has a mental, emotional, or organic disorder.The prosecutor must demonstrate that the behavioral health disorder directly led to the patient being gravely disabled or a risk of harm to self, others, or the property of others. Additionally, the prosecutor must show that involuntary treatment would be in the best interest of the patient and the community.

If, on the day of the scheduled hearing, the prosecutor does not have sufficient evidence to prove the case, and all attempts of negotiation have been exhausted, the prosecutor will dismiss the case without prejudice and the patient will be released from the hospital.

All parties, including the patient, attorneys, witnesses, and judge appear for the hearing via video. Ifyou are unable or unwilling to appear via video, the prosecutor may ask the judge to find good cause foryou to testify via telephone instead. However, if the judge does not find good cause, you may be asked toappear in person in ITA court.

The judge will swear you in before you testify. The prosecutor and defense attorney will each ask you questions. They will ask about the events that led to the patient being detained. They may also inquire how the patient functions when doing well, past difficulties the patient may have had with behavioral health in the past, and resources the patient may have in the community for support, treatment, and housing. It is important to always tell the truth. Trials are controlled by the rules of evidence, which were developed to ensure fair trials.

You must answer only the questions asked. Do not volunteer information about which you have not been asked. Do not speak directly to the patient. Listen to each question and answer as directly, completely, and honestly as you can. Only state what you saw or heard, not what you assume or have been told by someone other than the patient. If during your testimony either attorney says, “Objection” or “I object,” please stop talking and wait until the Judge overrules the objection or an attorney asks you another question.

When both attorneys have finished questioning you, the judge will excuse you. This will conclude your court appearance. If the judge allows, you may watch the remainder of the hearing via video.

The prosecutor’s office will send you a link to the Zoom hearing. Please log on and the court willkeep you in the virtual waiting room until it is your time to testify. Please turn on your video and connectto audio.

Your physical location should be in a quiet location, without interruption. If possible, please be alone in a room with a closed door. Make sure you have a strong Wi-Fi or cellular connection. Please use a device with the largest screen possible to ensure your ability to see the other video court participants (i.e., a tablet or computer screen will allow you to see better than a phone). Your device should be fully charged for testimony, and if possible, plugged in. Audio will be best if earbuds/headphones with a microphone are used. To avoid shaky video, please set the device down instead of holding it in your hand. You should not review written or electronic materials while you are testifying via video, unless authorized by the judge or attorneys.

The judge will only consider evidence from witnesses who testify in court. The expert witness fromthe hospital will testify and the patient has a right to testify.

If a witness to certain facts is unwilling or unable to testify in court, the judge will not be able to consider those facts. The judge can only rule based on what is said in court and cannot rely on a person’s written statement as evidence.

After the judge hears all of the testimony, the judge will decide if legal criteria has been met for thepatient to stay in the hospital for involuntary treatment, be released into the community under a courtorder for outpatient mental health treatment, or be released out-right with no conditions for treatment.

After the 120 hour detention, if the patient agrees to involuntary hospitalization or if the judge hearsthe evidence and decides that the legal criteria have been met for involuntarily committing the patient, thejudge will order that the patient receive treatment in a hospital for a period of not more than fourteen (14)days, including weekends and holidays. If the hospital determines further treatment of the patient isnecessary, a subsequent petition may be filed in court requesting an additional period of treatment for thepatient.

If the patient is a juvenile, under the age of 18, the next petition filed by the hospital for continued care will be for a period up to 180 days. The juvenile patient has a right to litigate this petition in front of a judge (a bench trial).

If the patient is an adult, the next petition filed by the hospital for continued care will be for a period up to 90 days. Adults have the right to litigate this petition in front of a judge (a bench trial) or a jury. At the end of the 90 day order of commitment, a hearing may be held to commit the patient for up to 180 days.

At any time during the patient’s order of involuntary commitment, the treatment team may discharge the patient from the involuntary hold if the patient no longer presents a risk of serious harm (in other words, no longer meets the legal criteria for in-patient care).

If a patient is released into the community, and you feel that the patient’s behavior is dangerous andwarrants an immediate response, please call the local authorities (911) for assistance. If a patient’sbehavior causes you concern for the safety of the patient or others, but the situation is not emergent,please call Crisis and Commitment Services (CCS) for crisis outreach. CCS may be reached at 206-263-9200.

If you are the family member of a patient in The ITA Court, the Family Advocate is available to provide information, resources, and support through the court process. The Family Advocate can be reached at 206-477-8517.