Judge rules against Washington DSHS in mental health treatment lawsuit

PIERCE COUNTY, Washington. A Pierce County judge has ruled in favor of a lawsuit against the state Department of Health and Human Services, ordering it to immediately evaluate patients with behavioral health issues.

The lawsuit also orders the department to provide sufficient notice to the community when patients are released from treatment.

Today’s decision affirms the state’s fundamental obligation to assess the behavioral health needs of individuals placed in the justice system who cannot stand trial because they lack the capacity to contribute in their own defense and to give them the opportunity to benefit from meaningful treatment. Of course, that doesn’t address the behavioral health system’s very real capacity issues, born from long-term funding and workforce shortages, King County Executive Dow Constantine said. With today’s decision, Washington counties can move forward with greater clarity, working with the state and other jurisdictions on the funding and strategies needed to meet the needs of the people we all serve.

Pursuant to Judge Michael Schwartz’s order issued Friday morning, the Department of Health and Human Services must evaluate all new converted patients. These patients are those whose criminal charges were dismissed after being found incompetent to stand trial.

Originally, prosecutors in 22 counties in Washington state filed a lawsuit challenging the agency’s public policy decision to stop evaluating and treating mentally ill criminal defendants whose charges were dropped because they do not understand the accusations against them.

After the lawsuit was filed, the Pierce County Superior Court granted the motion for a preliminary injunction. Six other counties joined the suit.

County officials said denying access to people whose charges have been dropped violates state law, places an untenable strain on county resources and endangers public safety. When charges are dropped against a defendant and the state does not provide mental health treatment at a psychiatric facility, such as Western State Hospital in Pierce County, the only recourse is often to return the former defendant to the community.

As KING 5 investigators reported in their series “Mentally Ill, Waiting in Jail,” wait times for mentally ill defendants to access treatment and understand their charges have reached record highs without precedent over the past two years. Currently, the defendants are waiting approximately seven months in prison to access a bed at Western State Hospital. State law and federal court orders require a waiting time of no more than seven days.

The Department of Health and Social Services released the statement below following the decision:

“As we have previously stated throughout this litigation, our intent is to follow state law to the best of our ability while continuing to care for the state’s most complex patients when others do not. are unwilling or unable to provide such care. However, this preliminary order establishes that we disagree with the Federal Court’s order to limit admissions to state hospitals. We will also continue to comply with the 30-day notice requirement to counties contained in the Involuntary Treatment Act. While we are disappointed by today’s decision, we will continue to evaluate the impact this will have on our patients and continue to identify opportunities to add additional beds.”