KLICKITAT & SKAMANIA CO. — Pierce County Judge Michael Schwartz ruled in favor of 28 Washington State counties, including Klickitat and Skamania, in a suit brought forth by the counties and the Washington State Association of Counties (WSAC) against Washington Department of Social and Health Services (DSHS) on Oct. 6.
The lawsuit was filed in Pierce County Superior Court Aug. 23 “over [DSHS’s] decision to stop providing initial evaluation and subsequent treatment for a rising number of patients in need of behavioral health support when exiting the criminal legal system,” according to a press release by WSAC.
In the Complaint for Declaratory Judgement filed Aug. 23, the counties alleged DSHS was denying “a particularly at-risk population of the opportunity” for mental health treatment at the expense of the patient, as well as releasing those individuals back into communities without first notifying proper agencies, officials and victims.
The suit alleged “DSHS has selectively refused admission to civil conversion patients since at least December 2022 and, on information and belief, has refused to admit any civil conversion patients for statutorily required civil commitment evaluation since July 13, 2023. In addition, Washington law requires that DSHS provide written notice to specific law enforcement officials, victims and other interested parties at least 30 days before it releases certain civil conversion patients back to their communities following treatment. The notice is essential for ensuring the safety and well being of both the patients and their communities.”
“When a person with a serious mental health condition or cognitive disability has their charges dismissed because they are unable to understand the charges, DSHS is ordered by the court to evaluate that individual and, if necessary, provide effective behavioral health treatment,” said the press release. “This system, called a civil conversion commitment, focuses on people with severe behavioral health conditions who have not been adequately served by the crisis and outpatient behavioral health system.
“Despite court orders and state laws requiring them to do so, DSHS has asserted that it is no longer obligated to either evaluate or treat patients whose criminal charges are dismissed, citing a federal judge’s orders in a separate case,” continued the WSAC release. “To date, the agency has repeatedly argued that it will not follow what appear to be clear statutory and court ordered legal requirements, leaving hundreds of individuals across the state to lose their chance for mental health treatment that might break the cycle of re-offense.”
The ruling means DSHS “is immediately obligated to fulfill its statutory duty to assess all new conversion patients — those individuals for whom criminal charges were dismissed due to their inability to be restored to competency,” according to a press release issued by WSAC Oct. 6.
“The judge’s directive mandates the state promptly assess patients with behavioral health conditions and issue comprehensive community notifications prior to their release from treatment,” continued the release. “This significant legal action underscores the state’s responsibility to access and treat individuals grappling with behavioral health challenges.”
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Columbia Gorge News will provide local updates to this story as information becomes available.
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