A coalition of nearly two dozen counties in Washington state is taking legal action against the state Department of Social and Health Services, alleging that the department is neglecting the lack of mental health care and its responsibility to provide crucial behavioral health treatment to individuals who are deemed unfit for trial.
The Washington State Association of Counties, in collaboration with 22 counties including King, Pierce, Snohomish, and Spokane, filed a lawsuit in Pierce County Superior Court to address this issue.
Lawsuit Filed Against Lack Of Mental Health Care
The lawsuit asserts that the department’s decision to cease offering initial evaluation and treatment to patients who exit the criminal legal system after being deemed unfit for trial poses a threat to both patient well-being and public safety.
David Hackett, general counsel to King County Executive Dow Constantine, emphasized the department’s legal obligation to ensure that these individuals receive appropriate care and support.
The legal action seeks an immediate court order compelling the department to adhere to its responsibilities in this regard. However, the motion for a preliminary injunction in this case is not anticipated to be heard until at least September 8.
The lawsuit is primarily focused on individuals known as “civil conversion patients.”
These are individuals who face criminal charges but are ruled unfit to stand trial and are subsequently transferred to the Department of Social and Health Services (DSHS) to determine whether civil commitment is warranted.
According to the lawsuit, the department has been selectively denying admission to civil conversion patients, a practice that continued until July 13. After that date, the department reportedly denied entry to all civil conversion patients, as detailed in court documents.
The Department of Social and Health Services has recently encountered challenges related to bed shortages and an influx of patients due to the 2015 Trueblood settlement. This settlement established guidelines and timelines for the state’s competency evaluations of individuals.
In response, a federal judge imposed a $100 million fine on the state for breaching the Trueblood settlement and ordered a halt to the admission of civil conversion patients to Eastern and Western state hospitals. This decision aimed to allocate resources to other patients.
Consequently, the department has employed this order to deny evaluation and treatment to all conversion patients, not just those requiring extended stays.
Governor Jay Inslee’s spokesman, Mike Faulk, acknowledged the complexities of the situation, noting that the federal court order has significantly impacted the state’s ability to provide care.
While the counties have lodged their complaint, Faulk emphasized the state’s commitment to fulfilling its obligations under the Trueblood order.
The Department of Social and Health Services issued a statement acknowledging the challenges posed by caring for these patients under the federal court order.
The department expressed its view that the multifaceted nature of the problem is not made easier by county demands to disregard the federal court order.
The counties’ complaint contends that nothing within the federal order prevents the department from evaluating these patients at state psychiatric hospitals. They propose that after evaluation, patients in need of extended stays could be contracted out to private facilities.
Failing to attend to these patients violates clear statutory and court-mandated legal requirements. This legal action underscores the urgency of addressing the issues surrounding mental health care provision and ensuring that those in need receive the necessary support and treatment.
