King, 21 other Washington counties file lawsuit citing state’s mental health failures

SEATTLE — Twenty-two counties in Washington are filing a lawsuit against the Washington Department of Social and Health Services, citing officials’ failure to provide adequate mental health services at facilities like Western State Hospital.

Filed in Pierce County Superior Court on Wednesday, the counties’ complaints hinge on civil conversion patients, a type of patient who is initially brought in on criminal charges from jails, but lacks competency to stand trial and is ultimately “flipped” to a separate, civil system.

DSHS had said it would no longer accept these patients due to bed shortages and its obligation to house a growing number of other patients under a legal settlement known as Trueblood. That ruling sets time frames for serving what’s known as forensic patients, people coming in from jails who require competency evaluations and if needed, restoration treatment.

Last month, Judge Marsha J. Pechman of the U.S. Western District of Washington fined state officials $100 million for breaching the settlement agreement and ordered officials to prioritize people coming from jail.

That’s left state officials in a tricky situation as they face pressure from both the federal order and local municipalities. If civil conversion patients aren’t being housed at state facilities, local prosecutors across the state say they worry about the ripple effect on public safety.

“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,” said King County Prosecutor Leesa Manion in a written statement.

The request for preliminary injunction asks the court to immediately order DSHS to comply with its obligations under state law.

“It is the state’s responsibility in these circumstances to provide people treatment and a chance to recover,” said King County Executive Dow Constantine in a written statement.

The counties’ motion for preliminary injunction could be heard as early as Sept. 8 in Pierce County Superior Court.