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Mental Health Courts
Mental health courts have spread rapidly across the country in the few years since their emergence. In the late 1990s only a handful of such courts were in operation; as of 2007, there were more than 175 in both large and small jurisdictions.
In Clark County, Mental Health Court is a pre-plea program that accepts both District Court and Superior Court cases. Participants who successfully complete (graduate) will have their charges dismissed. The Prosecuting Attorney’s Office acts as the gatekeeper for the court, and they must approve any pre-plea referrals. They look at the current charge, prior criminal history, mental health diagnosis including it’s connection to the criminal behavior, wishes of the victim, restitution (if any), etc.
If the Prosecuting Attorney’s Office approves a person for referral, the next step is for a risk/needs assessment completed by one of the court team members (usually the probation officer). Then all the information is reviewed by the Mental Health Court team and a decision is made whether or not to refer the person. Participation is voluntary. If the person already has a defense attorney, start with a conversation to get the ball rolling.
Clark County
Court Coordinator: Beth Robinson
Email: [email protected]
Phone: 360-397-2431
Fax: 360-759-6869
If the Prosecuting Attorney’s Office approves a person for referral, the next step is for a risk/needs assessment completed by one of the court team members (usually the probation officer). Then all the information is reviewed by the Mental Health Court team and a decision is made whether or not to refer the person. Participation is voluntary. If the person already has a defense attorney, start with a conversation to get the ball rolling. In Clark County, Mental Health Court is a pre-plea program that accepts both District Court and Superior Court cases. Participants who successfully complete (graduate) will have their charges dismissed. The Prosecuting Attorney’s Office acts as the gatekeeper for the court, and they must approve any pre-plea referrals. They look at the current charge, prior criminal history, mental health diagnosis including it’s connection to the criminal behavior, wishes of the victim, restitution (if any), etc.
For more information, email Beth Robinson at [email protected]. View the Mental Health Court brochure.
Cowlitz County
Court Coordinator: Adam Pithan
Email: [email protected]
Phone: 360-414-5508
Fax: 360-414-5528
There are no mental health courts in Skamania or Wahkiakum counties.
View the full list of mental health courts in Washington State.
Find a Lawyer
The NAMI HelpLine (1-800-950-NAMI (6264)) maintains a Legal Resource Service that provides you with information on legal services or refer you to an attorney from our legal directory. The
directory includes attorneys who have volunteered with NAMI and are interested in working with cases relating to mental health issues. The Legal Resource Service can’t provide direct legal advice, they can provide information that will help you support your loved one.
Or view our Clark County Lawyers list.
Consensus Project
The Consensus Project is a project of the Criminal Justice/Mental Health Information Network coordinated by the Council of State Governments Justice Center. It is an unprecedented, national effort to help local, state, and federal policymakers and criminal justice and mental health professionals improve the response to people with mental illnesses who come into contact with the criminal justice system.
The landmark Consensus Project Report, which was written by Justice Center staff and representatives of leading criminal justice and mental health organizations, was released in June 2002. Since then, Justice Center staff working on the Consensus Project have supported the implementation of practical, flexible criminal justice/mental health strategies through on-site technical assistance; the dissemination of information about programs, research, and policy developments in the field; continued development of policy recommendations; and educational presentations.
Criminal Justice/Mental Health Information Network
The Criminal Justice/Mental Health Information Network (InfoNet) builds and expands on previous efforts to collect program information as a resource for policymakers, practitioners, and advocates working to improve outcomes when people with mental illnesses come into contact with the criminal justice system.
Evidenced-Based Practices: Shaping Mental Health Services Toward Recovery
The goal of Assertive Community Treatment is to help people stay out of the hospital and to develop skills for living in the community, so that their mental illness is not the driving force in their lives. Assertive community treatment offers services that are customized to the individual needs of the consumer, delivered by a team of practitioners, and available 24 hours a day. This link to the SAMHSA Evidenced-Based Practices page provides a number of documents that will help to implement an Assertive Community Treatment program.
Washington Law Help
Washingtonlawhelp.org provides helpful information about the law in Washington. This includes information, help, and forms for topics on family and safety, house and apartment, money and debt, work/farmworker rights, seniors, health/COVID-19, and so much more. Their site includes a legal directory of places to find support and legal representation. Do-it-yourself forms also available if needed. In English, Spanish, Chinese, and more.
*Note: NAMI SW WA are not lawyers. We have collected resources and information by talking with our community who has lived experience on the lawyer, judge, defendant, and family member sides. This information is not to substitute a lawyer’s experience and knowledge. Always consult a lawyer before proceeding.
Help Finding an Attorney
The NAMI HelpLine (1-800-950-NAMI (6264)) maintains a Legal Resource Service that provides you with information on legal services or refer you to an attorney from our legal directory. The directory includes attorneys who have volunteered with NAMI and are interested in working with cases relating to mental health issues. The Legal Resource Service can’t provide direct legal advice, they can provide information that will help you support your loved one.
Or view our Clark County Lawyers list.
Hiring a Lawyer
You may have a legal problem and not know how to resolve it. Lawyers have been specially trained in the law and our legal system. And the right lawyer can advise and assist you with your particular problem.
If you are facing criminal charges or a lawsuit, for example, a lawyer can help you understand your rights, and the strengths and weaknesses of your case. A lawyer knows the rules and procedures for arguing the case in court. And a lawyer can make a big difference in whether or not your side of the story is successfully presented to a judge or jury.
A lawyer can help you get a divorce, file for bankruptcy or draw up a will. Or, if you have been seriously injured or mistreated, a lawyer can help you file a lawsuit. Some lawyers handle a variety of legal problems; others specialize in certain areas of the law.
In some instances, failing to call a lawyer immediately can make the situation worse. If you are arrested or involved in a serious auto accident, for example, someone should interview the witnesses and gather evidence as soon as possible.
In other situations, preventive legal advice could save you time, trouble and money by preventing legal problems before they arise. Take, for example, the purchase of your family home or car. You might have a problem in the future if you sign the purchase agreement without completely understanding it. Or maybe you are launching a business with a partner. A lawyer could point out the advantages and drawbacks of various partnership arrangements.
These are just a few of the many situations in which lawyers can provide advice and assistance.
Clark County Volunteer Lawyers Program
The U.S. Constitution guarantees that people who cannot afford an attorney in a criminal case may be appointed one. Unfortunately, this guarantee does not exist for legal assistance in civil cases. Civil legal issues include those related to family law (divorce, custody, guardianship), domestic violence, landlord-tenant disputes, overwhelming debt and bankruptcy, consumer fraud, veteran’s issues, and those faced by seniors or people living with a disability.
Founded in 1990, Clark County Volunteer Lawyers Program (CCVLP) provides legal aid to low income members of our community. We do this through the exclusive use of volunteer attorneys and with the support of funding from our community.
Contact
Housings, Evictions, Debt, Bankruptcy, Immigration: 360-334-4007
Family Law, Guardianship, Court Fines, Criminal Records: 360-695-5313
No access to a phone: [email protected]
Mental Health Court
Modeled after drug courts and developed in response to the overrepresentation of people with mental illnesses in the criminal justice system, mental health courts divert select defendants with mental illnesses into judicially supervised, community-based treatment.
Currently, all mental health courts are voluntary. Defendants are invited to participate in the mental health court following a specialized screening and assessment, and they may choose to decline participation.
For those who agree to the terms and conditions of community-based supervision, a team of court staff and mental health professionals works together to develop treatment plans and supervise participants in the community.
If you believe you or your family member are eligible, please call the Mental Health Court representative for the county you are called in.
Clark County
Court Coordinator: Beth Robinson
Email: [email protected]
Phone: 360-397-2431
Fax: 360-759-6869
Court Mailing Address:
Clark County District Court
Attn: Therapeutic Specialty Courts
P.O. Box 9806
Vancouver, WA 98666-9806
Court Level: District & Superior Court
Assigned Judge: Honorable Kelli E. Osler
Year of Inception: 2000
Capacity: 50; Enrollment: 28
Graduates since Inception: 363
Duration of Program (Months): 12 minimum
Adjudication Status: Pre & Post-Adjudication
If the Prosecuting Attorney’s Office approves a person for referral, the next step is for a risk/needs assessment completed by one of the court team members (usually the probation officer). Then all the information is reviewed by the Mental Health Court team and a decision is made whether or not to refer the person. Participation is voluntary. If the person already has a defense attorney, start with a conversation to get the ball rolling.
In Clark County, Mental Health Court is a pre-plea program that accepts both District Court and Superior Court cases. Participants who successfully complete (graduate) will have their charges dismissed. The Prosecuting Attorney’s Office acts as the gatekeeper for the court, and they must approve any pre-plea referrals. They look at the current charge, prior criminal history, mental health diagnosis including it’s connection to the criminal behavior, wishes of the victim, restitution (if any), etc.
For more information, email Beth Robinson at [email protected]. View the Mental Health Court brochure.
Cowlitz County
Court Coordinator: Adam Pithan
Email: [email protected]
Phone: 360-414-5508
Fax: 360-414-5528
Court Mailing Address:
Cowlitz County Therapeutic Courts
ATTN: Mental Health Court
1839 First Ave 2A
Longview, WA 98632
Court Level: Superior Court
Assigned Judge: Commissioner Tierra Busby
Year of Inception: 2018
Capacity: 20-30; Enrollment: 15
Graduates since Inception: None as of November 2019
Duration of Program (Months): 18
Adjudication Status: Pre-adjudication
There are no mental health courts in Skamania or Wahkiakum counties.
View the full list of mental health courts in Washington State.
Because a person subject to guardianship loses many important rights, less restrictive alternatives must be considered prior to establishing a guardianship. Often, if you ask yourself “Why set up a guardianship?” you may find that a less restrictive alternative may provide the protection that is needed.
Family Members: What Are You Allowed to Know – Understanding HIPAA
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) created a national standard for the protection of certain types of health care information. The U.S. Department of Health and Human Services issued a “Privacy Rule” in 2002 to implement the requirements of HIPAA.
The Privacy Rule limits the circumstances in which individually identifiable health information can be used and disclosed by covered entities (health care insurers, providers and clearinghouses). When a loved one has severe mental illness, family members and other caregivers need to understand what kind of information they can obtain regarding the diagnosis, treatment plan, medications, etc.
HIPAA establishes minimum protections for the release of such protected health information (PHI). Generally speaking, when a state law and HIPAA conflict, HIPAA preempts the state law. However, state laws that prohibit or further restrict the disclosure of protected health information will prevail even if HIPAA would permit the disclosure. Many states have their own laws governing confidentiality – several of which are more stringent than federal law.
When faced with a HIPAA hurdle, it’s important to find out what your state’s law says. IMPORTANT: Providers are not precluded under HIPAA from accepting information from families or others who are knowledgeable about the individual and his or her treatment needs. A good medical provider will want to know all the relevant information available. If your loved one’s provider refuses to listen to your information, contact a supervisor such as the hospital administrator, insist that you be heard, and/or submit written information.
In Washington, The Health Care Authority (HCA) follows HIPAA rules for Apple Health (Medicaid) and Public Employees Benefits Board (PEBB) programs and must provide privacy protections for personal and health information collected about members, applicants, state employees and retirees, even after death. This includes written, spoken, and electronic information.
If you want the Health Care Authority to release your information to someone (a relative, friend, legislator, etc.), you must sign an authorization form. For information on when we might release information without your signed authorization, such as to a health care provider, see your notice of privacy practices. Your provider may have their own authorization ROI form.
Learn more about WA State’s HIPAA Laws.
I Can’t Find Out Information About My Adult Child
As stated before, if your child is an adult, they must sign an ROI, or authorization form in order for you to learn anything health related. You may not even get an answer if they are in a specific treatment center or not. Because of HIPAA, providers are bound by law to not tell others, unless authorized by the patient, about anything health related.
To overcome this, you will have to work with your adult child either through the treatment center, jail, prison, or hospital to have them sign an ROI. If they are not in their right mind, you can have a lawyer step in, but know that you may not get answers or information you want.
In order to work around this for next time, you will need to petition for guardianship. Guardianship is a legal relationship that allows one individual (the guardian) to make personal decisions for a person found to lack the capacity to maintain their own health and safety (the ward).
Guardianship laws vary from state to state, and the process depends on your state’s laws. It is essential to thoroughly familiarize yourself with the relevant laws in your state to determine whether they are suitable for your loved one’s circumstances. In addition, guardianships in one state may or may not be honored if your loved one is hospitalized in another state.
The National Guardianship Association (NGA) is another resource. The NGA recommends guardianship when alternatives have proven ineffective or are unavailable. Among the alternatives the NGA identifies:
- Representatives or substitute payees
- Case/care management
- Durable powers of attorney for property
- Durable powers of attorney for health care (a form of advance directive)
- Community agencies/services