In a significant development, a Pierce County judge has granted a preliminary injunction against the Washington State Department of Social and Health Services (DSHS). This decision marks a notable step in the ongoing struggle between 22 counties and state officials concerning the provision of mental health services for individuals detained in jails.
The underlying issue is closely tied to a separate federal court settlement known as Trueblood. This settlement mandates that DSHS must provide essential services, including competency evaluations and, if required, restoration treatment, to ensure that defendants regain competency. However, wait times for these services have worsened in recent years, leading to individuals languishing in jail for extended periods without access to the necessary care.
In July, Judge Marsha J. Pechman of the U.S. Western District of Washington imposed a $100 million fine on state officials for breaching the Trueblood settlement agreement. Judge Pechman ordered officials to prioritize beds at state facilities like Western State Hospital for individuals transitioning from jails.
This directive, however, has left the counties frustrated, as they are advocating for another group of patients to receive care at state facilities. These patients, known as civil conversion patients, initially face criminal charges but are ultimately redirected to a separate civil system for involuntary treatment due to their lack of competency to stand trial.
In response to Judge Pechman’s order, DSHS announced that it would no longer accept most civil conversion patients. In reaction, the counties filed a lawsuit, contending that DSHS still maintains a statutory obligation to provide services to civil conversion patients. The counties argue that if the state neglects these patients, they will bear the financial burden of overcrowded jails and face public safety risks.
Following Pierce County Superior Court Judge Michael E. Schwartz’s decision to grant the injunction, DSHS is now required to assess patients for civil commitment and provide proper notice to county officials when releasing existing conversion patients. Despite officials’ request for a phase-in period, the judge denied the request.
King County Executive Dow Constantine welcomed the ruling, emphasizing that it affirms the state’s fundamental duty to evaluate the behavioral health needs of individuals within the legal system who lack the capacity to aid in their own defense. Constantine also acknowledged the ongoing capacity challenges within the behavioral health system due to long-term funding and workforce shortages.
Six additional counties are set to join the lawsuit, with the next court hearing scheduled for December 15 in Pierce County.
A DSHS spokesperson expressed their intent to comply with state law to the best of their ability while continuing to provide care for the state’s most complex patients when others are unwilling or unable to do so. The agency also reiterated its commitment to assessing the impact of the ruling and identifying opportunities to expand bed capacity.
This development marks a significant step forward in addressing the complex and pressing issue of mental health care within the criminal justice system in Washington state.
