22 counties suing Washington state over failure to provide mental health services
Twenty-two counties are suing the state of Washington, claiming that state hospitals have “indiscriminately” released people with behavioral health problems charged with felonies.
This is an issue KIRO 7 has tracked for months, stemming from what’s known as a the Trueblood decision. That ruling from a federal judge stipulates that once the Department of Social and Health Services receives a court order finding someone incompetent to stand trial, it’s supposed to admit them within a week.
But if that person isn’t admitted, the criminal charges can be dismissed, and the case gets moved to civil court, which pushes them to the top of the waitlist for evaluation by DSHS. The issue there, though, is that waitlist is backed up into the hundreds at places like Western State Hospital. And while that person waits in jail to be transferred to a hospital to be evaluated, the county is on the hook for daily fines known as “compensatory sanctions.”
In many instances, once the person is moved into civil court, they can be released if too much time has passed while they wait for a DSHS bed.
“Refusing to admit and indiscriminately releasing those with serious behavioral health issues – who were previously charged with felony crimes – without providing necessary treatment or proper notice to local authorities and crime victims is a clear dereliction of duty by DSHS,” King County Prosecutor Leesa Manion said in a written statement released Wednesday.
The lawsuit filed by 22 counties -- including King County -- “asks the court to immediately order DSHS to comply with its obligations” to provide mental health treatment to people awaiting evaluations for these cases.
