The Involuntary Treatment Act (ITA) has historically pertained specifically to involuntary treatment for mental health issues in adults and minors across the State of Washington (Joel's Law). Effective April 1, 2018, new provisions under the Involuntary Treatment Act (ITA) now include involuntary treatment for adults and minors suffering from substance use disorders (Ricky's Law).

The Involuntary Treatment Act is now unified to address both mental health and substance use disorders.

The Involuntary Treatment Act is also known as the “ITA”, “Joel’s Law”, “Ricky’s Law”, or “The Ricky Garcia Act”. Most commonly referred to as, Joel's Law, the Involuntary Treatment Act covers Washington State's involuntary treatment laws, which are codified under the Revised Code of Washington (RCW 71.05). The Involuntary Treatment Act provides a formal legal mechanism by which family members, guardians, or conservators may directly petition Washington State’s Superior Courts seeking to detain an individual for involuntary care services.

It is appropriate to seek involuntary care services when someone is in crisis as a result of a mental disorder or substance use disorder. Specifically, if someone exhibits the following behaviors:

1. Harm to self, wherein there is a substantial risk that physical harm will be inflicted upon him/herself, as evidenced by threats or attempts to commit suicide or inflict physical harm upon oneself;
2. Harm to others, wherein there is a substantial risk that physical harm will be inflicted by a person upon another, as evidenced by behaviors which cause such harm, or which places others in reasonable fear of sustaining such harm (e.g., threats of harm, or actual harm).
3. Harm to others’ property, wherein there is substantial risk that 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. This can include, threats, attempts, or causing actual damage to the property of others.
4. Gravely disabled, wherein there is danger of serious physical harm resulting from a person’s failure to provide for his/her essential human needs of health or safety. This can include behaviors wherein an individual is unable to provide for their basic needs of food, clothing, shelter, and/or medical care.A person can also be considered gravely disabled under the Involuntary Treatment Act, if they manifest a sever deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his/her actions and is not receiving such care as is essential for his/her health or safety. This can include instances wherein an individual’s mental control or decision-making ability is in such decline that it prevents the person from receiving care for basic needs such as food, clothing, shelter, and/or medical care.
5. Refusing evaluation and treatment despite clear need.

An immediate family member, spouse, registered domestic partner, child, stepchild, parent, stepparent, grandparent, sibling, legal guardian, or conservator may seek assistance and services under the Involuntary Treatment Act. As of June 2022, this includes federally recognized Indian tribes, if the person is a member of the tribe. 

An initial ITA consultation accomplishes many important goals for families. First, and most importantly, it allows for an in-depth examination of your unique situation and factual history. By doing so, I can identify your specific legal needs, determine the appropriateness for initiating ITA proceedings in your case, and discuss next-step strategies. Second, an initial ITA consultation will open an ongoing file with my office documenting your current needs and offering a strategic plan for obtaining assistance under the Involuntary Treatment Act (whether presently, or in the future). Third, you will be provided with a comprehensive understanding of what you can expect from the ITA Court and DCR / Crisis Services process. Finally, you will be provided with all available options and rates for representation under the Involuntary Treatment Act based upon your family’s needs.

An initial ITA consultation is generally accomplished in 1 to 1½ hours and is being offered exclusively by video (Zoom) or telephonic conference, per the client's preference.

Ray Ferrero, Esq. has handled involuntary commitment cases for over two decades and is licensed to practice law in both Washington State and Florida.

In 1999, as the use of therapeutic courts were first emerging to address public health issues, Mr. Ferrero left the Broward County Public Defender’s office, and was contracted to handle Broward County’s involuntary commitment cases. Specifically, to defend individuals who were being filed against for severe and complex substance use and mental health impairment. Recognizing that true advocacy for his clients included protecting their health and safety, over the following years, Mr. Ferrero and a dedicated group of lawyers, judges, magistrates, court administrators, and treatment professionals set out to revamp Broward County’s flawed Involuntary Commitment Court; a court that was failing both the Respondents and Petitioners. Today that court not only protects impaired individuals (and, their families), but also offers real long-term solutions for individuals in crisis.

In 2008, during the peak of the opioid epidemic in South Florida, Mr. Ferrero founded Addiction Recovery Legal Services and pioneered the use of Florida’s involuntary treatment laws as a therapeutic avenue for families and treatment providers seeking to save the lives of addicts across the state in private and public treatment centers; not jails or prisons.

In addition to his work with Addiction Recovery Legal Services, Mr. Ferrero was also the administrator for Nova Southeastern University’s Student Assistance Program for mental health and substance use disorders. From 2008 to 2013, he held this position as the Executive Director of Intramural Health Affairs for NSU’s Health Professions Division.

In 2009, Mr. Ferrero was appointed by the Governor of Florida to sit on Florida’s Drug Policy Advisory Council, where he served until 2011. Mr. Ferrero has handled thousands of involuntary commitment cases, provided expert testimony in Federal Court on involuntary commitment issues, and brings a wealth of knowledge and experience to his Seattle practice which he established in 2018.

APPOINTMENTS

Mr. Ferrero was appointed by the Governor of Florida to sit on Florida’s Drug Policy Advisory Council, where he served from 2009 to 2011.

INVITED SYSTEMS OBSERVER & PRESENTER

“Public Health Data Collection and Interface in Emerging Economies”

• Instituto of Costarricense Drugas, San Jose, Costa Rica, 2013
• Ministry of Justice (Policia Controlas Drugas), San Jose, Costa Rica, 2013
• Instituto Sobre Alcoholismo y Farmacodependicia, Costa Rica, 2013
• Panamanian National Observatory, Panama City, Panama, 2013

SPEAKING ENGAGEMENTS

“The Florida Marchman Act & Crisis Intervention”

• Holy Cross Hospital, Ft. Lauderdale, FL, 2013
• Lifeskills of South Florida, Deerfield Beach, FL, 2013
• Hanley Center, West Palm Beach, FL, 2011 & 2012
• Caron Renaissance, Boca Raton, Fl, 2012
• Broward General Hospital, 2012
• Palm Partners, Delray Beach, FL, 2011
• Florida Department of Children and Families, 2004
• South Florida State Hospital, 2004

“Undergraduate Alcohol and Drug Abuse on Campus”

• Nova Southeastern University Student Outreach, 2003

“Drug Addiction in the State of Florida”

• Nova Southeastern University Master Public Health Seminar, 2003

“The Drug War”

• University of Miami, Athletics Department, 2003