By Pepper Fisher

PORT ANGELES — A coalition of 22 Washington counties, including Clallam County, has filed a lawsuit against the Washington Department of Social and Health Services (DSHS) over its refusal to administer court-ordered behavioral health services.

The suit, filed in Pierce County Superior Court, claims that the DSHS is court-ordered to evaluate an individual deemed unable to understand their charges and provide behavioral health services if found to be necessary.

Despite court orders and state laws requiring them to do so, DSHS has asserted that it is no longer obligated to either evaluate or treat patients whose criminal charges are dismissed, citing a federal judge’s orders in a separate case. The suit says, “The agency has repeatedly argued that it will not follow what appear to be clear legal requirements, leaving hundreds of individuals across the state to lose their chance for mental health treatment that might break the cycle of re-offense.”

Charges are usually dropped against individuals when they are declared unfit to stand trial and DSHS fails to provide the services to restore their competency.

A federal judge found Washington state in contempt in July and ordered it to pay more than $100 million in fines for failing to provide timely psychiatric services to mentally ill people who are forced to wait in jails for weeks or months.

Instead of providing more space in its psychiatric hospitals, the state has been closing wards.

Clallam County Prosecutor Mark Nichols said in a statement to KONP, “It is unfortunate that counties have had to resort to litigation, however, DSHS’s refusal to evaluate and treat civil conversion patients with behavioral health conditions as required by law is simply unacceptable from a public safety perspective.”