fbpx
Connect with us

Mississippi News

Disability Rights Mississippi sues DMH twice this year

Published

on

Watchdog group again sues mental health agency

A watchdog group tasked with overseeing the state's psychiatric facilities is suing the Department of Mental for withholding information – again.

Disability Rights Mississippi, a nonprofit organization that advocates for with disabilities, filed its second lawsuit this year against the state Department of Mental Health (DMH) after the agency denied records requests related to an investigation of the treatment of individuals with mental illness in the forensic unit of Mississippi State Hospital.

The investigation was partially inspired by Raffell Franklin who was charged with first-degree murder in April 2017. Franklin has been in the Jasper County Jail for three years despite being found incompetent to stand trial by doctors at the Mississippi State Hospital in 2019.

Advertisement

DRMS initiated an investigation into the treatment of Franklin after receiving a call from Franklin's family and other . After receiving Franklin's medical records, the advocacy group sought to investigate how patients similar to Franklin are treated in the state hospital's forensic unit. The unit serves patients who have been diverted from correctional settings, typically due to a mental illness that renders them unfit for trial. 

The advocacy group additionally requested waiting lists for individuals needing evaluation or services from the hospital's forensic unit, as well as records from Regional Center after being contacted by an anonymous whistleblower who alleged there was potential abuse and neglect at the facility. 

The agency denied both requests. 

“Ensuring people with disabilities are protected from abuse and neglect is our mission, always,” Polly Tribble, executive director of Disability Rights Mississippi, said in a press release. “We would hope that would be DMH's same goal. Why they have chosen, yet again, to deny vulnerable Mississippians access to meaningful and effective protection and advocacy remains a mystery.”

Advertisement

DMH declined to comment and referred Mississippi to the 's office. The attorney general's office also declined, saying they do not comment on active cases.

The agency's attorneys are using similar arguments used to deny the requests at the center of the initial lawsuit. In regards to the request for a list of MSH patients who have pled “not guilty by reason of insanity or mental defect,” the mental health agency is arguing that Disability Rights of Mississippi hasn't shown it has enough evidence to warrant an investigation.

DMH also says since the list of individuals waiting to be evaluated or admitted to the state hospital are not under the direct care of the hospital at this time, the watchdog group has no basis for investigating it. 

“Once again, DMH has deemed itself the judge and jury on the determination of probable cause, which is not the case,” the lawsuit reads. 

Advertisement

The U.S. Department of Justice pointed out in an amicus brief filing in the first lawsuit that protection and advocacy groups like Disability Rights of Mississippi have the authority to make probable cause determinations, and they do not have to justify them with specific evidence.

“The applicable regulations also do not require that any specific type of evidence the (protection and advocacy system's) probable cause determination,” the amicus brief reads.

Disability Rights of Mississippi maintains that the state mental health agency is continuing to violate federal law in denying its request and is preventing the oversight group from doing its job.

“This goes far beyond paperwork and records,” Tribble said. “It is about the fact that, in denying access and in refusing to be transparent, DMH is interfering with (our) ability to carry out our federal mandate to protect people with disabilities in Mississippi.”

Advertisement

The U.S. Department of Justice, which originally sued the state over its lack of community-based services for people with mental illness in 2016, sided with the watchdog group on the issue. 

Attorneys for the federal filed an amicus brief, in which a non-party in the case with expertise on the issue weighs in with a legal filing.

“Access to this limited set of records is entirely consistent with DRMS' broad investigative authority and statutory mandate to ensure that individuals with mental illness or disabilities are not abused or neglected,” the brief reads.

Advertisement

U.S. District Court Judge Carlton Reeves will soon weigh in on whether the state agency must release the records.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi News

Events happening this weekend in Mississippi: March 29-31

Published

on

www.wjtv.com – Kaitlin Howell – 2024-03-29 09:17:37

SUMMARY: This in Mississippi, there are various in central Mississippi and the Pine Belt region. Activities include disco events, Easter egg hunts, food and wine festivals, music, yoga classes, theater shows, and exhibits. There are also -friendly events such as Easter egg hunts, screenings, and gardening workshops. Additionally, there are farmers' markets with fresh produce, a dinosaur adventure, and Easter brunch options. In the Pine Belt area, there are clay shoots, exhibits, and Easter egg hunts taking place. Overall, there are plenty of options to enjoy with friends and family this weekend in Mississippi.

Read the full article

The post Events happening this weekend in Mississippi: March 29-31 appeared first on www.wjtv.com

Advertisement
Continue Reading

Mississippi News

What stores, restaurants in Mississippi are open for Easter 2024?

Published

on

www.wjtv.com – Addy Bink – 2024-03-29 08:57:36

SUMMARY: Easter is approaching, and families will be gathering for egg hunts and meals. Stores like Big Lots, CVS, Dollar General, and Kroger will be open for regular hours, while restaurants like Denny's, Dunkin', and Olive Garden will also be open. However, hours may vary depending on location. Some places like Chick-fil-A, Chipotle, and In-N-Out will be closed on Easter. It's recommended to check online or over the phone before out to any stores or restaurants to confirm hours and staffing.

Read the full article

The post What stores, restaurants in Mississippi are open for Easter 2024? appeared first on www.wjtv.com

Advertisement
Continue Reading

Mississippi News

Enjoyable Friday and Easter weekend – Home – WCBI TV

Published

on

www.wcbi.com – Belle Oliver – 2024-03-29 07:45:56

SUMMARY: Enjoy plenty of sunshine this in Columbus, Mississippi, with warm temperatures in the mid-70s during the day and cooler overnight lows in the upper 40s. The Easter weekend looks bright with some clouds but still plenty of sunshine for activities. Highs will be in the upper 70s and 80s, cooling down to the upper 50s and low 60s at night. Next brings a of showers and thunderstorms on Tuesday ahead of a cold front, so stay tuned for updates on any severe weather risks. Overall, a pleasant weekend is ahead before the possibility of rain next week.

Read the full article

The post Enjoyable Friday and Easter weekend – Home – WCBI TV appeared first on www.wcbi.com

Advertisement
Continue Reading

News from the South

Trending