YAKIMA, Wash.-22 Counties across Washington, including Yakima, have filed a lawsuit against the Department of Social and Health Services over the department’s decision to stop providing behavioral health evaluation and treatment for patients leaving the criminal legal system.
The lawsuit filed in King County Superior Court on August 29 alleges that the State repeatedly violated court orders for treatment when charges were dismissed against individuals with mental health issues or cognitive disabilities.
“It is regrettable that is has come to this, but DSHS must fulfill its legal obligation to Yakima County and other counties,” said Board Chair LaDon Linde. “We simply cannot continue to have these individuals released into the community without treatment or being held accountable. It puts the individuals and our communities at risk of harm.”
Charges are dropped against individuals when they are found not competent to stand trial and the state fails to provide restoration services, or is unable to restore competency.
According to a press release announcing the lawsuit from the Board of Yakima County Commissioners when charges are dismissed against an individual because they are unable to understand the charges DSHS is ordered by the court to evaluate the individual and provide behavioral health treatment if necessary.
The lawsuit alleges that DSHS has stopped evaluations and treatments, arguing it is no longer obligated to provide the services based on a federal judge’s ruling in a separate case.
When the DSHS does not provide restoration services individuals are sent to crisis responders in their home counties, with the county then responsible for providing care, despite the state being required to do so by law.
A preliminary injunction was also filed on August 29 as part of the lawsuit, with the 22 Counties asking the court to immediately order DSHS to comply with its obligations.
