In the Matter of the Detention of: N.P.

Court of Appeals of Washington·Decided July 14, 2026·No. 40994-5·Unpublished

Opinion

FILED

JULY 14, 2026

In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

In the Matter of the Detention of: ) No. 40994-5-III )

N.P. ) UNPUBLISHED OPINION

HILL, J. — N.P. suffers from severe schizophrenia and has been committed to the Department of Social and Health Services for involuntary treatment at Eastern State Hospital (ESH) since 1993. In 2024, ESH sought an extension of N.P.’s commitment for treatment, as well as authorization to continue administering antipsychotic medications. Because one side effect of the antipsychotic medication, Clozaril, is a low white blood cell count, ESH requested that the trial court authorize involuntary blood draws to monitor N.P.’s symptoms while taking the medication. The court granted the extension, permitted the continued administration of the antipsychotic medications, and authorized involuntary blood draws as medically necessary to monitor N.P.’s health.

N.P. appeals the trial court’s authorization that he undergo involuntary blood draws. He first argues that the court did not have statutory authority to authorize involuntary blood draws under RCW 71.05.215(1), a provision of Washington’s Involuntary Treatment Act (ITA), chapter 71.05 RCW. N.P. further argues that the trial court violated his right to privacy under both the Washington State Constitution and the

In re Det. of N.P. United States Constitution by authorizing the involuntary blood draws without a warrant or under an exception to the warrant requirement.

We disagree with these arguments and affirm.

BACKGROUND

Since 1993, N.P. has been committed to ESH for involuntary treatment pursuant to the ITA because he suffers from severe schizophrenia symptoms.

In December 2024, ESH moved for a 180-day commitment extension. N.P. was 75 years old when the motion was filed. In an affidavit in support of the motion, Jonathan Curtis, PsyD, expressed that he examined and evaluated N.P. and was of the opinion that N.P. required further commitment. Dr. Curtis determined that N.P. was gravely disabled and indicated there was “no less restrictive treatment available as an alternative to detention than that of hospitalization.” Clerk’s Papers (CP) at 6. Jaime Basnillo, MD, N.P.’s treating doctor at ESH, filed a request to extend N.P.’s current prescribed antipsychotic medications: Abilify, Clozaril, and Zyprexa.

The superior court held a hearing on ESH’s requests to extend N.P.’s commitment for involuntary treatment and for authorization to continue to administer N.P.’s prescribed antipsychotic medications. During the hearing, Dr. Basnillo offered testimony relevant to this appeal that we address in more detail below.

The superior court granted the 180-day involuntary treatment extension. In addressing the request for authorization to continue to administer N.P.’s prescribed

In re Det. of N.P. antipsychotic medications, the court found by clear, cogent, and convincing evidence that there was a compelling state interest in N.P. remaining on his medications given the severity of his disability. The court further addressed the request made by ESH that N.P. undergo involuntary blood draws while taking Clozaril:

As far as the issue of the—whether a blood draw is included in that or not. If a blood draw is a necessary portion of this prescription, it seems reasonable to me that that would be—that there would be a blood required as part of a treatment plan. Again, I’m not a doctor. I don’t make that—I don’t make a diagnosis, I don’t prescribe anyone anything, but if that is something that is required by the doctor in regards to this medication, that seems reasonable.

And for a court order of a blood draw in a criminal matter, there has to be probable cause to request a warrant for a blood draw. A judicial officer will order that warrant. And, this is by a higher standard than that, having something be by clear, cogent and convincing evidence that there has to be involuntary medication. So I don’t think it’s inappropriate.

I’m not specifically making any ruling saying that the Hospital shall do a blood draw, but I don’t see any reason here why the Court couldn’t allow that as part of a treatment plan. It seems reasonable. It seems that that is what has been happening in the past, that has been reviewed by other commissioners. So this Court is not going to make some kind of a finding that that is inappropriate. Not making a finding that that must happen, but finding that if a blood draw is part of the involuntary treatment plan, that that would be appropriate.

Verbatim Rep. of Proc. (VRP) at 34.

After the hearing, the superior court entered their decision in the “Findings, Conclusions, and Order Authorizing Administration of Anti-Psychotic Medications.” CP at 21. The order provided, in relevant part, that ESH was authorized to administer three antipsychotic medications: Abilify, Clozaril, and Zyprexa. Finding of fact 15 read:

In re Det. of N.P.

Other: Consistent with any applicable regulations and generally accepted medical practices regarding treatment with Clozaril, the Court authorizes involuntary blood draws to the extent necessary to protect the patient’s health and monitor the patient for any potential adverse side effects of Clozaril.

CP at 25 (emphasis omitted).

N.P. challenges this finding on appeal.

ANALYSIS

Involuntary Blood Draws N.P. argues that the language of RCW 71.05.215, a provision of the ITA, did not authorize the court to order that he undergo involuntary blood draws. He further argues that the court’s authorization departs from the legislative intent of the ITA as expressed in RCW 71.05.010. The Department responds that N.P. is relying on the wrong statute. The Department argues that because blood draws are a medically necessary component of treatment with Clozaril, they fall within the “administration” of that medication and are, therefore, authorized under RCW 71.05.217. N.P. offers no reply to this argument.

Questions of statutory interpretation call for de novo review by this court. State v.

Schwartz, 194 Wn.2d 432, 439, 450 P.3d 141 (2019). “The goal of statutory interpretation is to discern and implement the legislature’s intent.” State v. Armendariz, 160 Wn.2d 106, 110, 156 P.3d 201 (2007). First, we look to the plain language of the statute. State v. J.P., 149 Wn.2d 444, 450, 69 P.3d 318 (2003); Armendariz, 160 Wn.2d at 110. “When the plain language is unambiguous—that is, when the statutory language

In re Det. of N.P. admits of only one meaning—the legislative intent is apparent, and we will not construe the statute otherwise.” J.P., 149 Wn.2d at 450. If, however, the plain language of the statute leads to more than one reasonable interpretation, then the statute is ambiguous, and “[t]his court may attempt to discern the legislative intent underlying an ambiguous statute from its legislative history.” Armendariz, 160 Wn.2d at 110-11. This court may turn to the dictionary definition of the term to determine the plain meaning of a statute when the statute itself does not define a term. State v. J.K.T., 11 Wn. App. 2d 544, 552, 455 P.3d 173 (2019).

The provisions of chapter 71.05 RCW compromise our state’s ITA. As provided in RCW 71.05.010(1), the legislative purposes behind the ITA are:

(a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae and police powers of the state;

(b) To prevent inappropriate, indefinite commitment of persons living with behavioral health disorders and to eliminate legal disabilities that arise from such commitment;

(c) To provide prompt evaluation and timely and appropriate treatment of persons with serious behavioral health disorders;

(d) To safeguard individual rights;

(e) To provide continuity of care for persons with serious behavioral health disorders;

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