The purpose of this chapter is to provide procedures for the involuntary commitment and treatment of persons with a mental health or substance abuse disorder who are a danger to themselves or others, or who are gravely disabled, while protecting the rights of all persons and providing due process of law. Furthermore:
(1) 
The Board of Directors intends to provide the least restrictive custody and treatment available which will serve the needs of involuntarily committed persons for recovery and rehabilitation while protecting the safety of the persons to be treated and members of the community.
(2) 
When possible, all activities under this chapter shall be carried out in a culturally appropriate manner and in recognition of the historical trauma and individual trauma unique to the Tulalip people, other Native Americans, and their families.
(Res. 2023-513 § 1)
The Tribal Court shall have jurisdiction over any proceeding arising under this chapter. In addition to any other method provided by statute, personal jurisdiction may be acquired by personal service of summons outside the Tulalip Indian Reservation or by service in accordance with TTC Title 2.
(Res. 2023-513 § 1)
If any part or parts or the application of any part of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application or any part thereof would be declared invalid.
(Res. 2023-513 § 1)
Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its sovereign immunity for any reason whatsoever. Furthermore, any person making or filing a petition alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application was in good faith.
(Res. 2023-513 § 1)
(1) 
Services or functions of the Tribes under this chapter shall be subject to the availability of funding and resources. Nothing in this chapter shall require the Tribes to expend additional funds or resources beyond those appropriated, or exercise provisions of this code if resources are not available.
(2) 
Subject to the approval of the Board of Directors, the Tribes may enter into cooperative agreements with the State, County, or other agencies or treatment facilities for funding or other services necessary to implement this chapter.
(3) 
Nothing in this chapter shall prevent the Tribes from utilizing the applicable Washington State involuntary commitment procedures in the Washington State courts.
(4) 
Nothing in this chapter shall be interpreted to remove the responsibility of the State of Washington to provide and pay for involuntary commitment, mental health, and related crisis services to Tribal members or persons under Tribal jurisdiction or be interpreted as a promise of payment by the Tribes.
(Res. 2023-513 § 1)
Unless stated otherwise in this chapter, the standard of proof in all involuntary commitment proceedings shall be by a preponderance of the evidence.
(Res. 2023-513 § 1)
The Tribes may request the transfer of a case involving persons subject to the jurisdiction of the Tulalip Tribal Court involved in involuntary commitment proceedings in State Court.
(Res. 2023-513 § 1)
(1) 
“Behavioral Health Program”
means an entity approved by the Tulalip Tribes, the Tulalip Tribal Designated Crisis Responder, or behavioral health staff that provides mental health, substance use disorder, or co-occurring disorder services to persons with behavioral health disorders. This includes, but is not limited to: hospitals; evaluation and treatment facilities; community mental health service delivery systems or community behavioral health programs; licensed or certified behavioral health agencies; facilities conducting competency evaluations and restoration; substance use disorder treatment programs; secure withdrawal management and stabilization facilities; and correctional facilities.
(2) 
“Care coordinator”
means a clinical practitioner who coordinates the activities of less restrictive alternative treatment. The care coordinator coordinates activities with the Tulalip Tribal Designated Crisis Responder that are necessary for enforcement and continuation of less restrictive alternative orders and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.
(3) 
“Designated crisis responder”
means a person qualified under Washington State law and authorized under Washington State law to evaluate persons with a behavioral health disorder for initial detention and other responsibilities as set forth in law.
(4) 
“Evaluation and treatment facility”
means any facility that can provide directly, or by arrangement with other entities, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is approved by the Tulalip Tribes, Tulalip Tribal Designated Crisis Responder, or Behavioral Health Program. No correctional institution or jail shall be an evaluation and treatment facility within the meaning of this chapter.
(5) 
“Gravely disabled”
means a condition in which a person, as a result of a behavioral health disorder: (a) is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration from safe behavior 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.
(6) 
“History of one or more violent acts”
means a violent act or acts committed in the 10 years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility, a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.
(7) 
“Likelihood of serious harm”
means:
(a) 
A substantial risk that:
(i) 
Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) 
Physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused harm, substantial pain, or which places another person or persons in reasonable fear of harm to themselves or others; or
(iii) 
Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) 
The person has threatened the physical safety of another and has a history of one or more violent acts.
(8) 
“Mental disorder”
means any organic, mental, or emotional impairment which has substantial adverse effects on an individual’s cognitive or volitional function and which is recognized as a mental disorder that meets the criteria to be diagnosed with an identified mental health disorder according to the American Psychiatric Association in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM).
(9) 
“Mental health professional”
means a psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as determined by the Tulalip Tribes.
(10) 
“Mobile crisis team”
means those people called upon or contracted with to provide relief to or resolve a mental health crisis situation or experience. The team may consist of law enforcement, designated crisis responders, and behavioral health employees.
(11) 
“Professional person”
means a mental health professional, substance use disorder professional, or designated crisis responder and shall also mean a physician, physician assistant, psychiatric advanced registered nurse practitioner, registered nurse, and such others as determined by the Tulalip Tribes, or someone in charge of a hospital or facility providing involuntary treatment under the provisions of this chapter.
(12) 
“Substance abuse disorder”
means a lack of self-control as it pertains to the use of alcoholic beverages, drugs, or narcotic substances to the extent the person’s health, safety, or welfare is substantially impaired or endangered and that person meets at least three out of the seven DSM criteria diagnostic of substance dependency. Alternatively, substance abuse disorder means having two or more failed substance abuse treatment attempts within a period of one year. A failed treatment attempt may include but is not limited to failure to complete an inpatient, intensive outpatient, or out-patient course of treatment recommended by a substance abuse disorder treatment professional.
(13) 
“Violent act”
means intentional behavior or behavior that resulted from a mental disorder that resulted in homicide, attempted suicide, nonfatal injuries, or damage to property.
(Res. 2023-513 § 1)
Dismissal of a petition to detain is not the appropriate remedy for a violation of the timeliness requirements of this chapter where the facility or Tribes has in good faith attempted to comply with the law and related court orders and there is evidence that the delay is caused by circumstances beyond the control of the Tribes.
(Res. 2023-513 § 1)
(1) 
Permanent Firearm Prohibition. A person who has been found by the Court to constitute a danger to self or others, or who has been involuntarily committed under this chapter, may not have in his or her possession or control any firearm or ammunition unless his or her rights have been restored pursuant to Chapter 11.40 TTC.
(2) 
Temporary Firearm Prohibition. A person who has been detained under this chapter at a facility for a period of not more than 120 hours for the purpose of evaluation and treatment, but who has not been subsequently committed for involuntary treatment under this chapter, may not have in his or her possession or control any firearm for a period of six months after the date that the person is detained.
(a) 
Before the discharge, the Tulalip Tribal Designated Crisis Responder shall inform the person orally and in writing that:
(i) 
They are prohibited from possessing or controlling any firearm for a period of six months; and
(ii) 
They must immediately surrender, for the six-month period, any concealed pistol license and any firearms that they possess or control to Tribal law enforcement.
(b) 
The Tulalip Tribal Designated Crisis Responder shall notify the Tulalip Tribal Police Department and Tribal Court of the six-month suspension.
(c) 
Any firearm surrendered pursuant to this section that remains unclaimed by the lawful owner shall be disposed of in accordance with Tribal law enforcement policies and procedures for the disposal of abandoned property in police custody.
(Res. 2023-513 § 1)
(1) 
When conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:
(a) 
Prior recommendations for evaluation of the need for civil commitments;
(b) 
Historical behavior, including history of one or more violent acts;
(c) 
Prior determinations of incompetency or insanity;
(d) 
Prior commitments; and
(e) 
Where a person is or has been confined on criminal charges, all judicially required or administratively ordered antipsychotic medication while in confinement.
(2) 
Credible witnesses may include family members, landlords, neighbors, teachers, school personnel, or others with significant contact and history of involvement with the person.
(3) 
Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability, likelihood of serious harm, or that the person needs substance abuse treatment intervention, when:
(a) 
Such symptoms or behavior are closely associated with symptoms or behavior that preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;
(b) 
These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and
(c) 
Without treatment, the continued deterioration of the respondent is probable.
(4) 
Interview. The evaluator shall personally interview the person unless the person refuses an interview. An interview may be performed by video call if a mental health professional employee who can assist with obtaining any necessary information is physically present with the person at the time of the interview.
(Res. 2023-513 § 1)
The files and records of Court proceedings under this chapter shall be closed but shall be accessible to the Tulalip Tribes’ behavioral health programs, hospitals or facilities approved by or entered into agreement with for the detention of persons under this chapter, any person who is the subject of a petition, the attorney or guardian, and service providers.
(Res. 2023-513 § 1)
The Tribe may appoint one or more persons who satisfy the requirements of this section as a Tulalip Tribal Designated Crisis Responder to perform or assist with risk assessments, make placement recommendations, and carry out the duties and responsibilities in this chapter.
(1) 
To qualify as a Tulalip Tribal Designated Crisis Responder, a person must have received substance abuse disorder training as determined by Tulalip Behavioral Health and satisfy one or more of the following:
(a) 
Be a psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, or social worker;
(b) 
Be licensed by the State of Washington Department of Health as a mental health counselor or mental health counselor associate, or marriage and family therapist or marriage and family therapist associate;
(c) 
Possess a master’s degree or further advanced degree in counseling or one of the social sciences from an accredited college or university and who have, in addition, at least two years of experience in direct treatment of persons with mental illness or emotional disturbance, such experience gained under the direction of a mental health professional;
(d) 
Have training specific to the duties of a designated crisis responder, including diagnosis of substance abuse and dependence and assessment of risk associated with substance use equivalent to those set forth in RCW 71.05.760.
(2) 
In addition to the authority and duties established under this chapter, a Tulalip Tribal Designated Crisis Responder may perform the duties of a Tribal Designated Crisis Responder pursuant to Washington State law.
(Res. 2023-513 § 1)
When no bed is available for a person who meets detention criteria:
(1) 
A Tulalip Tribal Designated Crisis Responder shall make a report to the Tulalip Tribes Behavioral Health Program when he or she determines a person meets detention criteria under this chapter and there are not any beds available at an evaluation and treatment facility, the person has not been provisionally accepted for admission by a facility, and the person cannot be served on a single bed certification or less restrictive alternative. Starting at the time when the Designated Crisis Responder determines a person meets detention criteria and the investigation has been completed, the Designated Crisis Responder has 24 hours to submit a completed report to the Tulalip Tribes Behavioral Health Program.
(2) 
The report required under subsection (1) of this section must contain at a minimum: (a) the date and time that the investigation was completed; (b) the identity of the responsible behavioral health administrative services organization and managed care organization, if applicable; (c) a list of facilities which refused to admit the person; and (d) identifying information for the person, including age or date of birth.
(3) 
The reports provided according to this section may not display “protected health information” as that term is used in the Federal Health Insurance Portability and Accountability Act of 1996, nor information contained in “mental health treatment records,” and must otherwise be compliant with applicable Federal, Tribal, and State privacy laws.
(4) 
For purposes of this section, the term “single bed certification” means a situation in which an adult on a 120-hour detention, 14-day commitment, 90-day commitment, or 180-day commitment is detained to a facility that is: (a) not licensed or certified as an inpatient evaluation and treatment facility; or (b) a licensed or certified inpatient evaluation and treatment facility that is already at capacity.
(Res. 2023-513 § 1)
If a person has been determined by a court to be incompetent, then the professional person in charge of the treatment facility or his or her professional designee or the Tulalip Tribal Designated Crisis Responder may directly file a petition for 90-day or 180-day treatment under this chapter. No petition for initial detention or 14-day detention is required before such a petition may be filed.
(Res. 2023-513 § 1)
(1) 
If the Tribal Court has determined or the parties agree that the defendant is unlikely to regain competency in a criminal proceeding and the Court has dismissed the charges without prejudice without ordering the defendant to undergo restoration treatment, the Court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in this chapter.
(2) 
If the defendant was on conditional release at the time of dismissal, the Tribal Court shall order the Tulalip Tribal Designated Crisis Responder to evaluate the defendant pursuant to this chapter.
(3) 
If the defendant was in custody at the time of dismissal, the defendant may be detained and sent to an evaluation and treatment facility for up to 120 hours, excluding Saturdays, Sundays, and holidays, for evaluation for purposes of filing a petition under this chapter. The 120-hour period shall commence upon the next nonholiday week-day following the court order and shall run to the end of the last nonholiday weekday within the 120-hour period.
(Res. 2023-513 § 1)
(1) 
In any proceeding for involuntary commitment under this chapter, the Tribal Court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the Tribal Prosecutor if:
(a) 
The respondent expressly consents to a continuance or delay; or
(b) 
Such continuance is required in the proper administration of justice and the respondent will not be substantially prejudiced in the presentation of the respondent’s case.
(2) 
The Tribal Court shall state in any order of continuance or postponement the grounds for the continuance or postponement and whether detention will be extended.
(Res. 2023-513 § 1)
When an evaluation and treatment center, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization transfers such person to an appropriate hospital for evaluation or admission for treatment, and provides notice to the Tribal Court, the Tribal Court shall order such continuance in proceedings under this code as may be necessary, but in no event may this continuance be more than 14 days.
(Res. 2023-513 § 1)