§ 71.34.410 — Liability for performance of duties under this chapter limited.

Washington § 71.34.410

• Jurisdiction: Washington
• Title 71: BEHAVIORAL HEALTH
• Ch. 71.34: BEHAVIORAL HEALTH SERVICES FOR MINORS

Text

(1) No public or private agency or governmental entity, nor officer of a public or private agency, nor the superintendent, or professional person in charge, his or her professional designee or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a minor under this chapter, nor any designated crisis responder, nor professional person, nor evaluation and treatment facility, nor secure withdrawal management and stabilization facility, nor approved substance use disorder treatment program shall be civilly or criminally liable for performing actions authorized in this chapter with regard to the decision of whether to admit, release, administer antipsychotic medications, or detain a minor for evaluation and treatment: PROVIDED, That such duties were performed in good faith and without gross negligence.

(2) This section does not relieve a person from giving the required duty to warn or to take reasonable precautions to provide protection from violent behavior where the minor has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.

Effective dates — 2016 sp.s. c 29: See note following RCW 71.05.760 .

Short title — Right of action — 2016 sp.s. c 29: See notes following RCW 71.05.010 .

Finding — Intent — Severability — 2005 c 371: See notes following RCW 71.34.600 .

Legislative History

[2020 c 302 s 71;2019 c 446 s 27;2016 sp.s. c 29 s 259;2005 c 371 s 5;1985 c 354 s 27. Formerly RCW71.34.270.]