More counties join lawsuit against Washington DSHS over mental health crisis

SEATTLE - Six more counties in Washington have joined a rare lawsuit to sue the state's Department of Social & Health Services (DSHS) over an alleged lack of mental health services.

In August, 22 counties filed a lawsuit in Pierce County Superior Court, accusing DSHS of refusing to offer services ordered by courts. The main concerns were over mental health evaluations ordered for individuals who are not competent to stand trial, and a lack of notice when state mental health hospitals were preparing to release patients.

On Friday, a judge issued a preliminary injunction that requires DSHS to return to prior practices for mental health evaluations, and notify when patients are to be released.

DSHS reacted, saying it puts the agency at odds with a federal court ruling that limits admissions to the state hospital.

The comments are tied to a federal court settlement known as the "Trueblood Order."

The state has said that to comply with federal court rules, they must open more beds for incarcerated individuals waiting for competency evaluations and restoration services. To clear those beds, they planned to discharge patients that were not held under a violent felony civil commitment.

Lawyers representing the county have argued that the court order has nothing to do with the federal court order, leaving the two sides miles apart.

"Our intent is to follow state law to the best of our ability, while continuing to care for the state’s most complex patients, when others are unwilling or unable to provide such care," a DSHS spokesperson said on Tuesday. "However, this preliminary order puts us at odds with the federal court order to limit admission to the state hospitals."

As for the counties, they’re celebrating the immediate win as they prepare for further litigation.

PREVIOUS COVERAGE: 22 counties take on Washington state over mental health crisis, plans to release patients

King County’s executive director Dow Constantine released a statement indicating that the ruling affirms DSHS has an obligation to these patients, while also pointing out that there are obvious gaps in the system.

"[This ruling] does not, of course, solve the very real capacity problems in the behavioral health system born of long-term funding and workforce shortage," wrote Constantine.

The State Legislature previously committed an additional $2 billion in funding for construction of a new mental health hospital, but that facility is still years away from opening. The state also purchased the former Cascade Behavioral Health facility in Tukwila to build additional mental health beds.

According to DSHS, over the past nine years, service requests at their facilities have grown by roughly 145%.