A lawsuit has been filed against the Department of State Health Services (DSHS) on behalf of individuals in county jails who are awaiting access to State Hospitals for competency restoration treatment was scheduled for a hearing on Thursday, November 10, 2011 at 9:00 a.m.
The Plaintiffs claim that they have been placed on a Clearinghouse Waiting List maintained by DSHS, which causes them to endure prolonged and unneccessary confinement in the county jails in violation of their right to treatment under Texas law. Currently there are approximately 300 inmates on the waiting list.
Plantiffs requested that the Court enter an injunction requiring DSHS to comply with the orders of the criminal courts and promptly accept physical custody of those persons currently or in the future who have been found incompetent to stand trial and provide them with competency restoration treatment either at a state mental health facility or other treatment location within a reasonable period of time, not to exceed three days.
NAMI Texas will keep you posted as more details arise.