HOUSE CONCURRENT RESOLUTION NO. 135

(By Delegates Ellington, Householder, Arvon, Cooper, Hill, Kurcaba, Pasdon, Rohrbach, Sobonya, Stansbury, Waxman, Westfall, Fleischauer, Campbell, Longstreth, Moore, Pushkin and Rodighiero)

[Originating in the Committee on Health and Human Resources; Reported March 10, 2015]

Requesting the Joint Committee on Government and Finance to study state hospitals in regards to the Hartley Case.

            WHEREAS, In 1982, the West Virginia Supreme Court found that it was contrary to West Virginia Mental Health Law for the Department of Health and Human Resources to merely “warehouse” an individual in a state mental institution; and

            WHEREAS, Both parties entered into a massive consent order dealing with every aspect of the state mental health system, with a judge and court monitor to aggressively oversee the state mental health system; and

            WHEREAS, In 2001, an order was issued terminating this case except for nine unresolved issues, and creating a behavioral health ombudsman within the department to replace the court monitor; and

            WHEREAS, In 2005 the judge issued a series of orders addressing the forensic needs of the state; and

            WHEREAS, In 2009 a hearing was held to explore the problem of overcrowding, lack of community supports and traumatic brain injuries provided by DHHR to people with mental illness; and

            WHEREAS, Several terms where reached in the order requiring that the DHHR comply with the improvement of conditions; and

            WHEREAS, The State of West Virginia has dedicated and is dedicating large amounts of it’s budget on attempting to comply with ongoing orders and legal fees; and

            WHEREAS, It is the legislatures intent to review the current status of state mental hospitals and determine available options in order to maintain a financially sound yet responsible approach in meeting patient needs as it affects the Hartley case; therefore be it

Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study and assist in the conclusion of the Hartley case as it affects the state’s two psychiatric hospitals; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.