In The Matter Of The Detention Of M.p.
CourtCourt of Appeals of Washington
Date FiledNovember 2, 2026
Docket88811-1
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In the Matter of the Detention of
No. 88811-1-I
M.P. DIVISION ONE
UNPUBLISHED OPINION
DÍAZ, J. — A trial court committed M.P. to 14 days of involuntary detention
pursuant to the involuntary treatment act (ITA), ch. 71.05 RCW. M.P. primarily
argues that the involuntary commitment order was in error because he was a good
faith voluntary patient. Disagreeing, we affirm.
I. BACKGROUND
M.P. is diagnosed with bipolar disorder, which he successfully managed
with medication for many years. He worked for 35 years as a train engineer for
BNSF railway. M.P. was injured in 2022 when a semi-truck collided with his train.
In April 2025, doctors prescribed M.P. painkillers following surgery. After taking
the new medication, M.P. began to show manic behaviors such as extreme
sociability, resulting in frequent arrests, and giving away large sums of money.
Sometime in mid-July 2025, M.P.’s friend, Chad Osborn, took M.P. to a
No. 88811-1-I/2
voluntary inpatient treatment facility in Spokane Valley called We Level Up. M.P.
left the facility after about 36 hours. The facility staff told Osborn that M.P. left
against their advice. After leaving We Level Up, M.P. went directly to his mother’s
house. On July 23, 2025, his mother called the police and said that M.P. assaulted
her. Police entered the home and arrested him.
At the jail, a designated crisis responder spoke with M.P. and then filed a
petition for initial detention. M.P. was admitted to Fairfax Behavioral Hospital
(Fairfax) on July 26. On July 31, 2025, Fairfax petitioned for a 14-day involuntary
treatment. At a hearing on August 11, M.P. claimed that involuntary commitment
was unnecessary because he was seeking treatment voluntarily. The
commissioner informed the State that it had the burden to prove that M.P. was not
in fact a good faith voluntary patient.
A court evaluator testified that M.P. was still showing symptoms of mania
and recommended involuntary inpatient treatment. The commissioner granted the
petition. The commissioner also ordered a less restrictive treatment option as soon
as possible. 1 On August 21, the court entered a less restrictive order for M.P. to
return to We Level Up in Spokane Valley. M.P. filed a motion for revision of the
commitment order, which the superior court denied. M.P. timely appeals.
II. ANALYSIS
M.P. claims that the court erred when it concluded that he was not a good
1 M.P. argues for the first time in his reply brief that ordering a less restrictive
treatment is inconsistent with the finding that M.P. was not a good faith voluntary
patient. “An issue raised and argued for the first time in a reply brief is too late to
warrant consideration.” Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801,
809, 828 P.2d 549 (1992). We therefore do not address this argument.
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No. 88811-1-I/3
faith voluntary patient. We hold that substantial evidence supports the court’s
finding.
As a preliminary note, when the superior court denied revision of the
commissioner’s order, it “adopt[ed] the commissioner’s findings, conclusions, and
rulings as its own.” Grieco v. Wilson, 144 Wn. App. 865, 877, 184 P.3d 668 (2008).
We then review whether substantial evidence supports the trial court's findings of
fact, and whether the findings then support the conclusions of law. In re Det. of
A.S., 91 Wn. App. 146, 162, 955 P.2d 836 (1998). We view the evidence in the
light most favorable to the petitioner and defer to the trial court’s findings on
“witness credibility and persuasiveness of the evidence.” In re Det. of A.F., 20 Wn.
App. 2d 115, 125, 498 P.3d 1006 (2021) (citation omitted).
M.P. does not dispute the court’s finding that he was gravely disabled. He
only assigns error to the finding that he was not a good faith voluntary patient. At
the hearing, because M.P. claimed to have “volunteered in good faith for
appropriate treatment, the State was required to prove by a preponderance of the
evidence” that M.P. was not a good faith volunteer. In re Det. of Chorney, 64 Wn.
App. 469, 478-79, 825 P.2d 330 (1992). The commissioner found that the State
had met its burden.
We hold that there is substantial evidence supporting the court’s finding that
M.P. was not a good faith voluntary patient. A good faith volunteer must both
“express a willingness to abide by the procedures and treatment plan” and “have
a ‘track record’ which does not belie this stated intent.” Chorney, 64 Wn. App. at
479.
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No. 88811-1-I/4
Here, just a few weeks before the hearing, M.P. was admitted to We Level
Up as a good faith voluntary patient, but he left against the staff’s advice after 36
hours. Two days before the hearing, M.P. told Katherine Giesel, the court
evaluator, that he wanted to return to We Level Up because he liked that “he could
just leave if he wanted to.” M.P. explained that he left We Level Up because he
was manic. This evidence plainly provides an inculpatory “‘track record’” which
belies his “stated intent.” Chorney, 64 Wn. App. at 479.
M.P. attempts to discount the fact that he left We Level Up by arguing that
the court should determine voluntariness based on the patient’s “present status at
the time of the probable cause hearing.” (Citing Chorney, 64 Wn. App. at 478-79.)
But even if that were the actual standard—which it is not—it is undisputed that
M.P. was still showing signs of mania while in treatment at Fairfax. When Giesel
met with him, he was “still very hyperverbal and loud.” He told her that he had
stopped taking medications for his bipolar disorder because he could not afford
them. And, when she asked how he would afford them upon release, he yelled
that he “has cash stored all over the place.”
Further, Giesel testified that, because M.P. was not yet “at baseline” and
because he admitted his mania would cause him to leave voluntary treatment, that
he was not a good faith voluntary patient.
The entirety of this evidence is sufficient to persuade a fair-minded person
of the court’s finding that M.P.’s track record did not support his stated intent to
continue treatment voluntarily. See A.F., 20 Wn. App. 2d at 125.
M.P. argues we should hold, as we did in In re Det. of Kirby, 65 Wn. App.
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862, 872, 829 P.2d 1139 (1992), that the State produced insufficient evidence to
show that M.P. was “unfit for voluntary treatment.” The record in Kirby showed
that she “understood she had an incentive to abide by voluntary treatment
guidelines.” Id. at 870. M.P. argues that like Kirby, he had been medication
compliant, cooperative, and demonstrated a willingness to get better while at
Fairfax.
But in Kirby, the State’s argument that she was not a voluntary patient relied
on a conclusory statement that she was “too impulsive,” and on testimony that she
was not taking her medication and had experienced thoughts of harming others.
Kirby, 65 Wn. App. at 870. We held that the State’s evidence was not relevant “to
the question of whether she could be considered a good faith voluntary patient.”
Id.
As we addressed above, the record in this case shows that M.P. was still
experiencing mania, and that mania had recently caused him to leave voluntary
treatment early. This evidence distinguishes this case from Kirby, in which the
State did not present any evidence that went to the patient’s voluntariness. 65 Wn.
App. at 870. Since the State did present relevant evidence in this case, we defer
to the court’s findings on the persuasiveness of the evidence. A.F., 20 Wn. App.
2d at 125.
In summary, we hold there is substantial evidence to support the court’s
conclusion that M.P.’s track record contradicted his stated intention to receive
voluntary treatment, justifying the 14-day commitment order. 2
2 M.P. also assigns error to the court’s revocation of his right to possess a firearm
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No. 88811-1-I/6
III. CONCLUSION
We affirm the trial court’s order.
WE CONCUR:
under RCW 71.05.182. Because this assignment of error relies on the argument
that M.P. was a good faith voluntary patient, which we addressed above, we do
not reach this issue.
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