ACLU-NH sues state on behalf of mental health patients held without hearings
New Hampshire Union LeaderNov 14, 2018
The lawsuit filed over the weekend acknowledges that the defendants, specifically the
As a result, according to the
The lawsuit seeks a federal court injunction against holding patients without a hearing within three days of their hospital confinement.
Since the shortage of psychiatric beds is not likely to be addressed in the near future, "the necessity of providing immediate due process to those being boarded in emergency rooms is all the more urgent," according to the lawsuit.
Named as a plaintiff in the lawsuit on behalf of "all others similar situated" is "
Problem is well-known
The problem of psychiatric boarding has been on policymakers' radar at least since
At that time and in the ensuing years, NAMI Executive Director
"It is our sincere hope that this federal class action suit will immediately bring together all involved parties to identify a sustainable solution to remedy this injustice," he said.
On the morning of
At times the number of adults has been as high as 70 (on
"People who present in hospital emergency departments because of a mental health crisis should not be deprived of their liberty without due process. They are entitled to a prompt hearing regardless of the fact that they are confined in an emergency room rather than the state hospital," said
The state hospital has facilities to conduct competency hearings, while hospital emergency rooms do not.
Working with hospitals, NAMI and other stakeholders, state officials devised a plan to use video technology in emergency rooms for timely hearings, but that initiative fell apart.
"It is past time for this program to be implemented so due process can be immediately provided," said
Earlier judge's ruling
Leading lawmakers took a tour of the crowded emergency room at
DHHS launched a 90-day pilot program with
The pilot collapsed in late 2017 amid hospital concerns over security, liability and staffing needs, according to the lawsuit.
"We will continue to work with the state's hospitals to find a path forward that will allow for full implementation of this plan," said DHHS Commissioner
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