Marion County must amend its lawsuit against Oregon State Hospital and OHA, judge says
A Multnomah County Circuit Court judge said his court does not have jurisdiction over claims made in a Marion County lawsuit against the Oregon State Hospital and Oregon Health Authority, although he said he would allow the county to file an amended complaint.
Marion County’s lawsuit, filed in September, claims the state entities failed to fund, build and staff enough beds for individuals who need inpatient behavioral health restoration services. The county claims that, under state statute, it is OHA’s job to manage state hospital campuses and the hospital to maintain custody of committed individuals until they no longer require a hospital level of care.
In January oral arguments, the county said it was seeking a declaration from the judge on the state hospital and OHA’s compliance with state statutes as well as financial relief for the “hundreds of thousands of dollars” spent on community restoration due to the state’s failures.
But, it is not the purpose of the circuit court to declare noncompliance with state statutes, Multnomah County Circuit Court Judge Henry Kantor said in his Feb. 21 order.
Kantor said the county’s claims lack standing under the Declaratory Judgement Act (DJA), which allows courts to provide early guidance on the rights of involved parties and obligations of the court.
“The County asserts that it is interested in the defendants’ compliance with these statutes because it is affected by noncompliance,” Kantor said in his order. “Being interested in the defendants’ compliance with the statutes and being damaged by alleged noncompliance does not satisfy the DJA’s requirement that the County be ‘affected’ by these statutes themselves. The statutes do not affect the County’s ‘rights, legal status or relations.’”
Kantor also said the court cannot rule for the county to receive financial relief because the power to allocate the Oregon Health Authority budget lies with the governor and state Legislature.
If the county fails to file an amended complaint within 30 days, the lawsuit would be dismissed.
Jane Vetto, the county’s lawyer, said Marion County intends to file an amended complaint this week.
Year of disputes between Marion County, Oregon State Hospital
Marion County filed its initial lawsuit the day after a federal judge invoked the supremacy clause of the U.S. Constitution, forcing the county to accept patients from the state hospital who had stayed beyond limits set by the judge.
U.S. District Court Judge Michael Mosman in September 2022 set strict limits on how long aid and assist patients, those unable to aid in their defense due to a behavioral health condition, can stay at the state hospital before returning to the county in which they were charged.
Marion County has been one of multiple counties and organizations that have pushed back on the federal order, claiming there are not enough community-based resources to treat defendants who need secure, intensive care once released.
Marion and other counties appealed Mosman’s order, which was denied by the judge.
In July 2023, Mosman amended his order to allow counties to request longer stays for patients who needed more treatment before being able to aid in their defense.
After the amendment, Marion County held hearings resulting in orders prohibiting the release of defendants from the state hospital, which led Mosman to invoke the supremacy clause, saying his federal orders took precedence over state orders.
The county’s resulting lawsuit contends community restoration programs that provide behavioral health treatment to defendants still unable to aid in their defense were not designed to provide care to individuals in need of a hospital level of care.
Sydney Wyatt covers healthcare inequities in the Mid-Willamette Valley for the Statesman Journal. Send comments, questions, and tips to her at SWyatt@gannett.com, (503) 399-6613, or on Twitter @sydney_elise44
The Statesman Journal’s coverage of health care inequities is funded in part by the M.J. Murdock Charitable Trust, which seeks to strengthen the cultural, social, educational, and spiritual base of the Pacific Northwest through capacity-building investments in the nonprofit sector.
This article originally appeared on Salem Statesman Journal: Marion County must amend Oregon State Hospital suit, judge says
