CHARLESTON — After 40 years, a lawsuit involving mental health has finally been dismissed.
The case, known as the Hartley case, was filed in 1981. It was filed to address patients' rights to humane conditions and theraputic treatment.
West Virginia Department of Health and Human Resources Secretary Bill Crouch said though the lawsuit is over, the fight to make sure caring for those with mental health conditions will continue.
“This has been a very long journey for the state of West Virginia and for DHHR,” Crouch said in a statement. “It took an open dialogue and the development of trust among all parties to bring this matter to conclusion. Our journey in caring for those with mental health conditions and disabilities, however, does not end here. We must continue what we have started, and we still have much to do.”
Crouch said he appreciated Kanawha Circuit Judge Louis "Duke" Bloom's treatment in the case.
“I am grateful for Judge Bloom’s firm commitment to the care and treatment of those in need of DHHR’s services for those with mental health conditions,” Crouch said. “I began these discussions by saying that we all wanted the same thing for those we serve, and I believe these shared goals contributed to the resolution of this case. Additionally, the partnership with Court Monitor David Sudbeck, and the advocates from Disability Rights of West Virginia and Mountain State Justice, all recognize that DHHR shares the same vision of safety and offering the highest quality of care to our patients while maintaining positive working conditions for our staff.”
The case has covered many issues related to mental health over the last 40 years and was under several Kanawha Circuit Court judges over the years. Bloom was the last judge on the case.
With the dismissal, the DHHR must continue to fund community-based mental health services and independent patient advocates inside two hospitals. They must also create a new Office of the Mental Health Ombudsman to move judicial oversight to a departmental administrative process.
