State ex rel. T.B. v. CPC Fairfax Hospital

— The question presented is whether a child may he involuntarily incarcerated in a mental hospital by her parents and hospital staff without judicial oversight. We accepted the Court of Appeals’ certification of the child’s appeal from the trial court’s denial of her petition for writ of habeas corpus. We reverse and order her release from incarceration, or the prospect thereof.

Two primary issues are presented: whether 1995 amendments to the mental health services for minors act, RCW 71.34, also known as the "Becca bill,”1 allow involuntary incarceration of minors 13 or over in mental…