Prosecutors from 22 counties in Washington state have taken legal action against the Department of Social and Health Services (DSHS), alleging that the agency’s policy neglects to provide support for severely mentally ill patients once their criminal charges are dropped.
This lawsuit highlights the concerning practice of abandoning individuals who have been declared unfit to stand trial without the necessary evaluation or treatment from DSHS.
DSHS Failed To Offer Support To Mentally Ill Patients
The charges against these individuals are dismissed due to their inability to comprehend the charges against them, and DSHS fails to step in and offer essential services or restore their competence.
This has resulted in prolonged wait times for mentally ill defendants to access treatment, a critical issue explored in KING 5 Investigators’ series “Mentally Ill, Waiting in Jail.”
Currently, defendants must wait around seven months in jail to secure a spot at Western State Hospital for treatment, even though state law and federal court orders mandate a wait time of no more than seven days.
The lawsuit, which has been filed in Pierce County Superior Court, aims to halt the department’s decision to terminate initial evaluations and subsequent treatment for patients who need behavioral health support upon exiting the criminal legal system.
While the state continues to provide treatment for defendants with active criminal cases, it denies access to those whose charges have been dropped, violating state law and straining county resources.
Prosecutors involved in the lawsuit argue that this change in policy poses a risk to public safety.
Denying access to those whose charges have been dropped is not only a violation of state law but also places an undue burden on local police agencies, courts, and ultimately jeopardizes public safety.
Furthermore, individuals who are released without adequate mental health treatment may find themselves struggling without resources or support.
The lawsuit also seeks a preliminary injunction compelling DSHS to comply with court orders and state law.
Despite clear legal requirements, DSHS has asserted that it is no longer obligated to evaluate or treat patients whose criminal charges have been dismissed, a stance that contradicts both statutory and court-ordered mandates.
This refusal leaves numerous individuals across the state without access to critical mental health treatment.
A separate federal lawsuit, known as Trueblood, has been pressuring DSHS for almost a decade to improve the provision of timely psychiatric services to mentally ill defendants in jail.
The federal judge in the Trueblood case found Washington state in contempt and ordered it to pay over $100 million in fines for failing to provide timely psychiatric services to mentally ill people who are forced to wait in jails for extended periods.
The judge’s order underscored DSHS’s violation of the constitutional rights of these individuals, emphasizing the agency’s lack of preparation, planning, and timely response to a crisis of its own creation.
Instead of expanding its psychiatric hospitals, the state closed wards, further exacerbating the issue.
DSHS’s response to the lawsuit has been met with criticism from various quarters. The agency criticized the litigation as conflicting with federal court orders, suggesting a lack of coordination between different levels of the legal system.
As the lawsuit progresses, it remains evident that addressing the critical issues in the state’s mental health system is a multifaceted challenge that requires comprehensive solutions and coordinated efforts.
The coalition of counties participating in the lawsuit includes Asotin, Clallam, Cowlitz, Douglas, Grant, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Lincoln, Pacific, Pierce, Skagit, Skamania, Snohomish, Spokane, Thurston, Whatcom, and Yakima Counties.
The case is set to be heard in Pierce County as early as September 8, reflecting the urgency of addressing these systemic deficiencies and ensuring the provision of timely and appropriate mental health care for all individuals in need.