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Judge sides with county in DSHS suit

Lawsuit filed by 28 counties and WSAC

TACOMA—A Pierce County judge sided in favor of a lawsuit filed by Lincoln County, 27 other counties and the Washington State Association of Counties (WSAC) against the State Dept. of Health and Social Services Friday, Oct. 6.

The directive by Judge Michael Schwartz mandates the state to assess patients with behavioral health conditions and issue comprehensive community notifications prior to their release from treatment, a WSAC press release said.

“This significant legal action underscores the state’s responsibility to assess and treat individuals grappling with behavioral health challenges,” the release read.

The Department is “immediately obligated” to fulfill its statutory duty to assess all new conversion patients and provide adequate notice when releasing existing conversion patients, according to the press release.

Red and blue-leaning counties alike joined WSAC in the original lawsuit filed against the Dept. of Health and Social Services Aug. 23.

The lawsuit accused the Department of ceasing to provide initial evaluation and treatment for “a rising number of patients” needing behavioral health support when exiting the criminal legal system.

“DSHS has selectively refused admission to civil conversion patients since at least Dec. 2022 and, on information and belief, has refused to admit any civil conversion patients for statutorily required civil commitment evaluations since July 13, 2023,” the suit claimed. “(The Dept.’s) statutory violations deny conversion patients necessary mental health treatment and impede public safety throughout the Counties.”

Following that filing, Pierce County Superior Court granted a motion for a preliminary injunction Wednesday, Sept. 27.

22 counties originally filed the lawsuit with WSAC, including Lincoln, Pierce, Asotin, Clallam, Cowlitz, Douglas, Grant, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Pacific, Skagit, Skamania, Snohomish, Spokane, Thurston, Whatcom and Yakima Counties.

A review hearing is set for 9 a.m. Dec. 15, according to Pierce County Superior Court’s website.

Six more counties will be joining the lawsuit, the release said.

Author Bio

Drew Lawson, Editor

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Drew Lawson is the editor of the Davenport Times. He is a graduate of Eastern Washington University.

 

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