U.S. District Judge Carlton Reeves issued a 60-page ruling Wednesday. He stated that the state had repeatedly failed to modernize their mental health system and directed the appointment of a special master to ensure compliance with federal law. Although the U.S. argued that no one had been denied proper care during the trial, Reeves disagreed. He used several sections of his decision, to show that the state’s mental health system was outdated and “hospital-centered.” Reeves also wrote that there were many examples of people who were not required to be hospitalized, or were too long in hospital because they were not eligible for community-based services. “Some of those the United States experts examined for this suit were still in hospital when the experts interviewed
They.” Reeves’ decision comes just two months after the conclusion of the four-week-long trial in which the U.S. Department of Justice claimed that Mississippi’s dependence on outdated state hospitals was a violation of the Americans with Disabilities Act. Reeves also reached that conclusion. Reeves used testimony from Melody Worsham (an employee of the state Department of Mental Health) to explain how the state has failed repeatedly to expand community-based services. It’s almost as if they don’t have the will to do what is actually necessary. They stop. They stop. Although the Attorney General’s Office defended the state on Wednesday, Attorney General Jim Hood (Democratic nominee for Governor) used Reeves decision to criticize Mississippi’s Republican leaders, including Lt. Gov., his Republican opponent in this race. Tate Reeves. “Since February 2013, my warnings to the Legislature regarding their underfunding community mental health care have continued since that time. Hood released a statement saying that he had sent letters to the Legislature informing them of mental health litigation brought by the Department of Justice against the state for not adequately funding mental health care in their communities. “… The Legislature chose to fund big corporate tax cuts over the care of those who are most in need. “The result was a lawsuit and federal court order that will be more costly for us.” Judge Reeves agreed with the Department of Justice and said that while the state had been inconsistent in adopting a system of care that met federal standards, he did not detail how that should change. He instead appointed a “special master” to assist the Department of Justice as well as the state in finding a solution. This move somewhat places the responsibility for the final outcome back in the hands of both sides. “The Court is reluctant to enter an Order that is too broad or too limited in its practical assessment of the system’s daily needs. It is also possible that additional changes to the system might have been made in the months following the factual cutoff …” Reeves’ statement. “The State must do what was shown by the evidence at trial. The main question for the special master will be how fast that can happen in a way that is practical, safe, and for all involved.” Deena Fox, the lead attorney for Department of Justice stated that if Reeves ruled that Mississippi had violated its citizens’ rights, then he should direct the Department of Mental Health create an Olmstead plan, which would outline how the state would conform to federal requirements. Fox stated in June that the agency knew what it needed to do and could make the necessary changes. Olmstead is the key to the Department of Justice’s complaint. The Americans with Disabilities Act was ruled to be in violation by the Supreme Court’s 1999 decision that people with mental illness should have the right to access mental health care in their own homes. These services include crisis intervention, medication assistance, and psychological services. They also provide housing and employment support. Reeves acknowledged the fact that Mississippi had many years to adhere to these standards and shifts, but left to its own devices, it failed to do so consistently. The Department of Justice sent a letter to Mississippi in 2011 stating that Mississippi was “unnecessarily institutionizing persons with mental illnesses” in violation of Section 201 of the Americans with Disabilities Act. However, Mississippi’s legislative reviewing committee in 2008 found that Mississippi’s institutional system was not keeping up with the national treatment changes. Reeves gave the Department of Justice 30 days to prepare a list of special masters and a proposal for their roles. He ordered each side to meet before the hearing to find common ground.