(1) 
A person detained for 120-hour evaluation and treatment may be committed for not more than 14 additional days of involuntary intensive treatment or, if sought and applicable, 90 additional days of a less restrictive alternative treatment. A petition may only be filed if the following conditions are met:
(a) 
The professional staff of the facility providing evaluation services has analyzed the person’s condition and finds that the condition is caused by a behavioral health or substance use disorder and results in a likelihood of serious harm or the person being gravely disabled. The professional staff must be prepared to testify that those conditions are met; and
(b) 
The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that the person has not in good faith volunteered.
(2) 
Behavioral Health Treatment Petition. The petition must be signed by two of the following:
(a) 
One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and
(b) 
One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.
(3) 
Substance Use Disorder Treatment Petition. If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner. The persons signing the petition must have examined the person.
(4) 
The petition shall state facts that support the finding that such person, as a result of a behavioral health and/or substance use disorder, presents a likelihood of serious harm, or is gravely disabled. If a less restrictive alternative is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(5) 
When a petition for involuntary treatment is filed with the Court:
(a) 
A copy of the petition must be served on the detained person, his or her attorney and his or her guardian or conservator, if any, prior to the probable cause hearing; and
(b) 
The Tribal Court, at the time the petition is filed, must appoint counsel to represent such person if the person does not already have counsel.
(6) 
If the petition alleges a person is a danger to self or others, or seeks to commit the individual to involuntary mental health treatment, the Tribes must provide notice to the person, in the petition or a separate filing, that the person will lose his or her firearm rights if involuntarily committed for mental health treatment.
(Res. 2023-513 § 1)
(1) 
If a petition is filed for 14-day involuntary intensive treatment or 90 days of less restrictive alternative treatment, the Tribal Court shall hold a probable cause hearing within 120 hours of the initial detention of such person.
(2) 
If the petition is for mental health treatment, the Tribal Court shall inform the person both orally and in writing that the person will lose his or her firearm rights if the person is subsequently detained for involuntary treatment.
(3) 
If the person or his or her attorney alleges, prior to the commencement of the hearing, that the person has in good faith volunteered for treatment, the petitioner must show that the person has not in good faith volunteered for appropriate treatment. In order to qualify as a good faith volunteer, the person must abide by procedures and a treatment plan as prescribed by a treatment facility and professional staff.
(4) 
Tribal Court Findings.
(a) 
At the conclusion of the probable cause hearing, if the Tribal Court finds by a preponderance of the evidence that such person, as the result of a behavioral health and/or substance use disorder, presents a likelihood of serious harm, or is gravely disabled, and if sought and applicable, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, then the Tribal Court shall order that such person be detained for involuntary treatment not to exceed 14 days in a facility licensed or certified as approved by the Tulalip Tribes or Washington State.
(b) 
At the conclusion of the probable cause hearing, if the Tribal Court finds by a preponderance of the evidence that such person, as the result of a behavioral health and/or substance use disorder, presents a likelihood of serious harm, or is gravely disabled, but that treatment in a less restrictive setting than detention is in the best interest of such person or others, the Tribal Court shall order an appropriate less restrictive alternative course of treatment for up to 90 days.
(5) 
Tribal Court Order.
(a) 
If sought and applicable, an order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with this chapter and must include a requirement that the person cooperate with the treatment recommendations of the behavioral health service provider.
(b) 
The Tribal Court shall notify the person orally and in writing that if involuntary treatment is sought beyond the 14-day inpatient or 90-day less restrictive period, such person has the right to a full hearing under this chapter. If the commitment is for mental health treatment, the court shall also notify the person orally and in writing that the person is barred from the possession of firearms and that the prohibition remains in effect until a court restores his or her right to possess a firearm under Tribal code.
(6) 
If the Tribal Court does not issue an order to detain a person under this section, the Court shall issue an order to dismiss the petition.
(Res. 2023-513 § 1)
(1) 
When determining whether a person is gravely disabled, presents a likelihood of serious harm, or needs substance abuse treatment intervention, the Tribal Court must consider the symptoms and behavior of the respondent in light of all available evidence concerning the respondent’s historical behavior.
(2) 
Symptoms or behavior that alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person needs substance abuse treatment intervention, when:
(a) 
Such symptoms or behavior are closely associated with symptoms or behavior which 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.
(3) 
When determining whether there is a likelihood of serious harm in a hearing conducted under this chapter, the Tribal Court shall give great weight to any evidence before the Tribal Court regarding whether the person has:
(a) 
A recent history of one or more violent acts; or
(b) 
A recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another Tribe or State which were based on a likelihood of serious harm. The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.
For the purposes of this subsection (3), “recent” refers to the five years prior to the current hearing.
(Res. 2023-513 § 1)
The professional staff of the agency or facility, the Tulalip Tribal Designated Crisis Responder or other authorized person may petition for an additional period of either 90 days of less restrictive alternative treatment or 90 days of involuntary intensive treatment if such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted:
(1) 
Physical harm upon the person of another or himself or herself, or substantial damage upon the property of another;
(2) 
Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present a likelihood of serious harm;
(3) 
Such person has been determined to be incompetent and criminal charges have been dismissed by a prosecuting jurisdiction, and as a result of a behavioral health disorder, presents a substantial likelihood of repeating similar acts. In any proceeding pursuant to this subsection it shall not be necessary to show intent, willfulness, or state of mind as an element of the crime; or
(4) 
Such person is gravely disabled.
(Res. 2023-513 § 1)
In determining whether inpatient treatment or, if sought, a less restrictive alternative commitment is appropriate, great weight shall be given to evidence of a prior history or pattern of decompensation and discontinuation of treatment resulting in:
(1) 
Repeated hospitalizations; or
(2) 
Repeated peace officer interventions resulting in criminal charges, diversion programs, or jail admissions.
Such evidence may be used to provide a factual basis for concluding that, if released, the individual would not receive such care as is essential for the health or safety of the individual or the community.
(Res. 2023-513 § 1)
(1) 
At any time during a person’s 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the Tulalip Tribal Designated Crisis Responder may petition the Tribal Court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in TTC § 4.40.330.
(2) 
The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by two of the following:
(a) 
One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and
(b) 
One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.
(3) 
If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner.
(4) 
The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments as alternatives to detention, if sought and applicable, are available to such person and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(Res. 2023-513 § 1)
(1) 
Filing Petition. The petition for 90-day treatment shall be filed with the Clerk of the Tribal Court at least three days before the expiration of the 14-day period of intensive treatment. The Tribal Clerk shall set a trial date within 10 judicial days of the date of filing the petition and notify the Tulalip Tribal Designated Crisis Responder and Tribal Prosecutor. The Tulalip Tribal Designated Crisis Responder shall immediately notify the person detained, his or her attorney, if any, and his or her guardian or conservator, if any, and provide a copy of the petition to such persons as soon as possible.
(2) 
Appointment of Professional Persons.
(a) 
The Tribal Court shall, if requested, appoint a reasonably available licensed physician, physician assistant, psychiatric advanced registered nurse practitioner, psychologist, psychiatrist, or other professional person, designated by the detained person, to examine and testify on behalf of the detained person.
(b) 
The Tribal Court may, if requested by the petitioner or Tribal Prosecutor, also appoint a professional person as defined in this chapter to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a person with a developmental disability who has been determined to be incompetent, the appointed professional person under this section shall be a developmental disability professional.
(3) 
Advisement of Rights. The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed.
(4) 
Jury Trial. The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner. Trial shall be before a jury of six persons. The person has the right to be present at such proceeding, which shall in all respects accord with the constitutional guarantees of due process of law and the rules of evidence. At the conclusion of the hearing, if the Tribal Court finds that such person, as the result of a behavioral health and/or substance use disorder, presents a likelihood of serious harm, or is gravely disabled, the Tribal Court shall order that such person be:
(a) 
Detained for involuntary treatment not to exceed 90 days in a facility licensed, certified, or approved by the Tulalip Tribes or Washington State; or
(b) 
Remanded for a period of less restrictive treatment not to exceed 90 days from the date of judgment. An order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive under this chapter, and must include a requirement that the person cooperate with the services planned by the behavioral health service provider.
(5) 
The person named in the petition shall continue to be treated until released by order of the Tribal Court or discharged by the behavioral health service provider. If the trial has not commenced within 30 days after the filing of the petition, not including extensions of time ordered under this chapter, the detained person shall be released unless good cause is shown by the petitioner.
(Res. 2023-513 § 1)
(1) 
The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under TTC § 4.40.360 unless the professional person in charge of the facility in which he or she is confined, or in the event of a less restrictive alternative, the Tulalip Tribal Designated Crisis Responder or other authorized person, files a new petition for involuntary treatment because the committed person:
(a) 
During the current period of court-ordered treatment:
(i) 
Has threatened, attempted, or inflicted physical harm upon the person of another, or substantial damage upon the property of another; and
(ii) 
As a result of a behavioral health disorder or developmental disability presents a likelihood of serious harm; or
(b) 
Was taken into custody as a result of conduct in which he or she attempted to or inflicted serious physical harm upon the person of another, and continues to present, as a result of a behavioral health disorder or developmental disability, a likelihood of serious harm; or
(c) 
Was found incompetent to stand trial for a felony or serious misdemeanor crime and as a result of a behavioral health disorder or developmental disability continues to present a substantial likelihood of repeating acts similar to the charged criminal behavior, when considering the person’s life history, progress in treatment, and the public safety; or
(d) 
Continues to be gravely disabled.
(2) 
The trial shall be held as provided in TTC § 4.40.360 and if the Tribal Court finds that the grounds for additional confinement as set forth in this section are present, the Court may order the committed person returned for an additional period of treatment not to exceed 180 days from the date of judgment, except as provided in subsection (4) of this section. If applicable, an order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive under this chapter and must include a requirement that the person cooperate with the services planned by the behavioral health service provider.
(3) 
At the end of the 180-day period of commitment, the committed person shall be released unless a petition for an additional 180-day period of continued treatment is filed and heard in the same manner as provided in this section. Successive 180-day commitments are permissible on the same grounds and pursuant to the same procedures as the original 180-day commitment.
(4) 
If sought and applicable, an order for less restrictive treatment entered under subsection (5) of this section may be for up to one year.
(5) 
No person committed as provided in this section may be detained unless a valid order of commitment is in effect. No order of commitment can exceed 180 days in length except as provided in subsection (4) of this section.
(Res. 2023-513 § 1)