Some wrongs are being made right as authorities reportedly violated state law in psychiatric care; the Washington Supreme Court ruled. In 2021, an average of 41 people were detained daily for mental health crises in Washington. The judge said that authorities “totally disregarded” the law by holding some people in psychiatric hospitals too long, the state Supreme Court ruled last Thursday.
A person experiencing a mental health or drug abuse crisis may be held by authorities for up to 120 hours, or five days, under the Involuntary Treatment Act. Within that time, that person must have a hearing before a court or commissioner. That was not being done.
According to the Involuntary Treatment Act, the court concluded in two 5-4 decisions, the state had violated the act’s criteria. The American Civil Liberties Union of Washington filed a brief urging the court to reverse the Court of Appeals judgment and find authorities did not obey the law. Civil liberties and civil rights groups in the state was happy about the news of the decisions.
Addressingthe race and culture angle, those who are Black, Indigenous, or of color are more likely to be imprisoned under the state’s Involuntary Treatment Act. 15 208 persons were held against their will in Washington in 2021, according to the state Health Care Authority. The program’s funding required more than $123 million in the same year.
This is a serious issue and care of the process is paramount. The person being detained must be shown to be “gravely disabled” or a threat to themselves, to others, or to property during the 120-hour period if a doctor or other petitioner does not believe it is safe to release the individual. If the judge grants the petition, the person may remain in the hospital for up to 14 more days. He may also be given a 90-day restricted order, in which case they are not hospitalized but are still compelled to follow certain regulations and are watched over by the court.
Chief Justice Steven González wrote the majority judgment stating, “Involuntary detention, even when done for the person’s own good, is a profound deprivation of liberty that the State may not impose without due process of law,” González wrote.
