Mental Health: Resources for Those in Crisis
**Since this blog was first published, Washington State has established a statewide youth helpline, HearMeWA. Youth struggling with anything that makes life hard can call 888–537–1634, or text HearMeWA to 738477 to get secure, free support. Mobile apps are also available in the Apple and Google app stores. Find out more at hearmewa.org.
The state has also launched Be Well WA to encourage everyone to live their healthiest lives. Emotional well-being resources can be found at the website here.**
When you are suffering from a mental illness or love someone who is, you may not know where to turn for help. The National Institute of Health reported that in 2020, nearly one in five adults was living with a mental illness. In their 2022 report, The State of Mental Health in America, Mental Health America (MHA) reported that adults experiencing serious thoughts of suicide has increased every year since 2011 and that over 2.5 million youth in the U.S. have severe major depression.
The MHA report also noted that “[o]ver half (56%) of adults with a mental illness receive no treatment.” In addition, the Treatment Advocacy Center reported that people with untreated mental illness are 16 times more likely to be killed by law enforcement.
In response to statistics such as these, state and local leaders have passed laws and developed resources to assist those struggling with mental illness and provide help for their family and friends. In 2015 Governor Jay Inslee signed “Joel’s Law,” which allowed family members of mentally ill individuals (13 years and older) to petition the court to get their relative involuntarily committed for treatment. The bill is named in honor of Joel Reuter, who was experiencing a mental health crisis when he was killed by police officers in 2013. His parents made 48 attempts to get help for Joel before his death. Following the signing of the bill, Joel’s father said, “For the first time in four decades, families have standing in superior court to get their loved ones the help they need.”
According to Thurston County Superior Court, Joel’s Law “allows courts to order involuntary commitment if, after reviewing a family member’s petition and statement, the court finds that detention is warranted. The court essentially overrules the designated mental health professional’s decision to not commit a family member to a facility. If the court reviews and finds that there is probable cause, an individual can be picked up and brought to a facility. The case then follows the usual procedure of the Involuntary Treatment Act.”
Like Thurston County, superior courts across the state have websites dedicated to Joel’s Law and the process for seeking help, such as this site from Benton County Superior Court. The Washington Health Care Authority also has a fact sheet explaining the process, and forms for Joel’s Law can be found on the Washington Court’s website.
Other Mental Health Treatment
Washington allows those with mental illness to create a mental health advance directive. The Washington Healthcare Authority states this “is a legal written document that describes what you want to happen if your mental health problems become so severe that you need help from others.” (See also: RCW 71.32).
Washington also has laws related to mental health treatment for minors. These laws can be found in RCW 71.34, Behavioral Health Services for Minors. Washington LawHelp has two publications that briefly address mental health treatment for minors: When can a minor access health care without parental consent? and I’m under 18. When can I get health care without an adult’s consent?
Criminal and Civil Protections
Under a law passed in 2021, criminal defendants can qualify for a mental health sentencing alternative if:
(a) The defendant is convicted of a felony that is not a serious violent offense or sex offense;
(b) The defendant is diagnosed with a serious mental illness recognized by the diagnostic manual in use by mental health professionals at the time of sentencing;
(c) The defendant and the community would benefit from supervision and treatment, as determined by the judge; and
(d) The defendant is willing to participate in the sentencing alternative.
Law enforcement departments have also acted to help prevent deadly encounters by creating crisis response teams, such as the one developed by the Seattle Police Department.
For those who are concerned about a loved one at risk of harming themselves or others, Washington voters passed a “red flag law” in 2016 creating an extreme risk protection order. These laws were recently incorporated into an overhaul of Washington’s civil protection order system and allow family or household members and law enforcement concerned about an individual’s risk of harming self or others to petition the court for an order requiring they surrender any firearms in their possession. Extreme protection order statutes can be found in RCW 7.105. Read more about extreme protection orders here and the new civil protection order system in our blog post here.
A non-court procedure for voluntary waiver of firearm rights is also available to individuals experiencing a mental health crisis who are concerned about self-harm. RCW 9.41.350 explains the procedure, and court forms are available at the Washington Courts website.
988 Suicide & Crisis Line Established
In 2020 Congress took a very significant step to help those in crisis by passing federal legislation to create the first ever dialing code for individuals contemplating suicide. The 988 Suicide & Crisis Lifeline is operated through the existing National Suicide Prevention Lifeline, under the direction of the Substance Abuse and Mental Health Services Administration. The line is free and available 24/7, 365 days a year. The number also does not have to be dialed. Those in crisis can text or chat to 988 to receive help. The line is also available in Spanish (text or chat available here). Veterans in crisis can dial ‘1’ after reaching 988 in order to be connected directly to the Veterans Crisis Line. The dialing code went live on July 16th. Native persons can dial ‘4’ to be connected with the Native and Strong Lifeline. LGBTQIA2S+ youth (under age 25) can receive help by dialing ‘3.’ Help for those that are deaf or hard of hearing is available here.
The Washington State Department of Health has also launched a 988 Suicide & Crisis Lifeline website that is specifically designed for people living in Washington State. The site incudes Washington-specific mental health resources.
For additional statewide resources to find assistance for a loved one in crisis, check out this list compiled by the Seattle Times: Mental Health Resources in King County and Washington State.
The law library also holds many titles related to mental health law. Here are a few of our most recent titles available to checkout:
· Mental Health and Conflicts: A Handbook for Empowerment (American Bar Association, 2022)
· Mental Disability Law: Civil and Criminal (Lexis/Bender, 2016)
· Mental Health Law in a Nutshell (West Academic, 2022) (eBook version)
· A Court of Refuge: Stories from the Bench of America’s First Mental Health Court (Beacon Press, 2018) (Staff book review)
(LE)
