(1) 
When a Tulalip Tribal Designated Crisis Responder receives information alleging that a person, as the result of a behavioral health and/or substance abuse disorder, presents an imminent likelihood of serious harm or is in imminent danger due to being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information, the Tulalip Tribal Designated Crisis Responder shall take such person, or cause by oral or written order such person to be taken into emergency custody in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or substance use disorder treatment program.
(2) 
A Tulalip Police Officer may take or cause a person to be taken into custody and immediately delivered to a hospital, treatment facility, secure withdrawal management and stabilization facility, or substance use disorder treatment program:
(a) 
Pursuant to subsection (1) of this section; or
(b) 
When the Officer has reasonable cause to believe that such person is suffering from a behavioral health and/or substance abuse disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.
(3) 
A person detained on an emergency basis pursuant to this section may be held for up to 12 hours after being medically cleared by the facility where they were delivered to by the Tulalip Tribal Designated Crisis Responder or Police Officer. During this period, the Tulalip Tribal Designated Crisis Responder must determine whether the person meets detention criteria. If satisfied that the person presents an imminent likelihood of serious harm or is in imminent danger due to being gravely disabled, the person shall be detained for not more than 120 hours, excluding Saturdays, Sundays, and holidays. If the person is not detained, the Tulalip Tribal Designated Crisis Responder shall promptly inform the Tulalip Police Department.
(4) 
When a person is involuntarily placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or substance use disorder treatment program pursuant to this section, on the next judicial day following the emergency detention, the Tulalip Tribal Designated Crisis Responder shall file a petition for initial detention with the Tribal Court.
(5) 
The Tulalip Court judge, upon receipt of a petition for initial detention filed by the Tulalip Tribal Designated Crisis Responder, shall review the petition for probable cause. If the judge determines that probable cause does not exist to support the petition for detention, the Court shall dismiss the petition and order the person released. Otherwise, the Court shall:
(a) 
Appoint counsel to represent the detained person;
(b) 
Schedule a probable cause hearing to be held within 120 hours excluding Saturdays, Sundays, and holidays of the Tulalip Tribal Designated Crisis Responder’s detention determination;
(c) 
Notify the Tulalip Tribal Designated Crisis Responder, the detained person, the detained person’s attorney, guardian or conservator, the evaluation and treatment facility, secure withdrawal management and stabilization facility, or substance use disorder treatment program at which the person is detained, and the Tribal Prosecutor of the date and time of a probable cause hearing.
(Res. 2023-513 § 1)
(1) 
When a Tulalip Tribal Designated Crisis Responder receives information alleging that a person, as the result of a behavioral health and/or substance abuse disorder, presents a likelihood of serious harm or is gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, the Tulalip Tribal Designated Crisis Responder may file a petition for initial detention with the Court.
(2) 
Tribal Court Order to Detain.
(a) 
Ex Parte Review. The Tulalip Tribal Court judge, upon receipt of a petition for initial detention filed by the Tulalip Tribal Designated Crisis Responder, shall issue an order to detain a person to an evaluation and treatment facility, a secure withdrawal management and stabilization facility, or a substance use disorder treatment program if the petition establishes to the satisfaction of the judge that:
(i) 
There is probable cause to support the petition for detention; and
(ii) 
The person has refused or failed to accept appropriate evaluation and treatment voluntarily.
(b) 
Time Limit for Detention. The warrant or order to detain shall be for a period of not more than 120 hours excluding Saturdays, Sundays, and holidays.
(c) 
Counsel. The order shall assign counsel and include the name, business address, and telephone number of the attorney appointed to represent the person.
(d) 
Dismissal of Petition to Detain. If the Court does not issue an order to detain a person pursuant to this subsection (2), the court shall issue an order to dismiss the initial petition.
(3) 
Service and Return of Order to Detain.
(a) 
The Tulalip Tribal Designated Crisis Responder shall promptly serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to detain together with a notice of rights, and the petition for initial detention.
(b) 
The Tulalip Tribal Designated Crisis Responder may notify a law enforcement officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program.
(c) 
After such person has been detained, a return of service shall be promptly filed with the Court.
(4) 
Notice of Probable Cause Hearing. The Court will schedule the probable cause hearing and notify the Tulalip Tribal Designated Crisis Responder, the detained person; the detained person’s attorney; the detained person’s guardian or conservator, if any; the evaluation and treatment facility, secure withdrawal management and stabilization facility, or substance use disorder treatment program at which the person is detained; and the Tribal Prosecutor of the date and time of a probable cause hearing, which must be no later than 120 hours, excluding Saturdays, Sundays, and holidays, following the date and time of admission to the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program.
(5) 
Probable Cause Hearing. The person shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
(Res. 2023-513 § 1)
(1) 
A petition for detention filed by a Tulalip Tribal Designated Crisis Responder or other authorized person must state the following:
(a) 
The circumstances under which the person’s condition was made known;
(b) 
The Tulalip Tribal Designated Crisis Responder’s belief, as a result of his or her personal observation or investigation, that the behavior of the person presents a likelihood of serious harm, or that the person is gravely disabled; and
(c) 
The specific facts known to the Tulalip Tribal Designated Crisis Responder as a result of his or her personal observation or investigation, upon which he or she bases the belief that such person should be detained; and
(d) 
The evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program at which the person is detained.
(2) 
The petition shall be signed under penalty of perjury or sworn telephonic testimony.
(Res. 2023-513 § 1)
If the individual is located in an emergency room, the Tulalip Tribal Designated Crisis Responder shall document the examining emergency room physician’s, advanced registered nurse practitioner’s, or physician assistant’s opinion or written observation regarding whether detaining the individual is appropriate.
(Res. 2023-513 § 1)
The detained person shall be permitted to be accompanied by one or more of his or her relatives, friends, his or her attorney, a personal physician, or other professional or religious advisor to the place of evaluation. Any individual accompanying the detained person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
(Res. 2023-513 § 1)