ABSTRACT
In April 2015, a federal court found in Trueblood et al. v. Washington State Department of Social and Health Services (DSHS) that DSHS was taking too long to provide the competency evaluation and restoration services that enable all criminal defendants to exercise their constitutional right to assist in their own defense. Subsequent failure to come into compliance with the court’s judgment led to contempt findings imposing significant daily fines for each impacted person. The parties negotiated a joint Contempt Settlement Agreement that, at its heart, was meant to ensure Trueblood class members would get the right care at the right time, in the right place, and for the right cost.
In December 2018, the court approved a multi-phased Contempt Settlement Agreement that included a plan to phase in programs and services within specifically identified geographic regions. Services and regions implemented in each phase are evaluated and continued into future settlement phases.
This chapter discusses the state’s forensic mental health system, the conditions that led to the Trueblood lawsuit, and the collaborative work among public and private entities to change the system and implement progressive reforms intended to substantially improve client outcomes.
