HOUSE CONCURRENT RESOLUTION 133

(By Delegate Hill and Delegate Pack)

[Introduced February 29, 2020]

Requesting a study of involuntary commitment practices for persons suffering from severe psychiatric illnesses.

Whereas, those with the most severe mental illnesses frequently go without needed care, leading to dire consequences for them, their families, and society at large.

Whereas, efforts to make needed reforms are complicated by the fact that the United States does not possess one uniform mental health system, and responsibility falls to the fifty states and assorted local governments.

Whereas, each political subdivision has their own unique laws, regulations, policies, budgetary restrictions, and politics that contemporaneously influence the administration of our national mental health system.

Whereas, the system in each state is vastly different from its neighbors and the treatment of an individual for acute psychiatric crisis or chronic psychiatric disease is almost entirely dependent on the state they are in when they experience this crisis.

Whereas, the involuntary commitment treatment and hospitalization of a person for a psychiatric illness is complicated and involves the judicial system, medical professionals, and recovery practices.

Whereas, West Virginia, among a ranking of states, is substantially less well-suited to timely and sufficiently provide for the evaluation and treatment of is affected citizens.

Whereas, our neighboring states are significantly better situated to deal with the psychiatric needs its citizens, and West Virginia is among the bottom fifth of states in regard to availability of care and quality of services provided.

Whereas, it is recommended that West Virginia adopt a psychiatric deterioration standard for involuntary hospitalization, that West Virginia provides additional procedural detail, that it require periodic reporting to the court, that it codifies the process for the renewal of an order, and that it requires a written treatment plan be submitted to the court.

Whereas, West Virginia has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily, and it is our duty to research and strengthen our policies to provide the best care possible to those afflicted with mental illness; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance conduct a comprehensive, holistic study of the current state of the involuntary hospitalization practices in the state to determine deficiencies, shortcomings, improvements, and best practices that will align the state with those whose systems are ranked above ours in terms of quality of care, due process, and transparency.

Such a study should include emergency hold durations, quality of criteria for psychiatric deterioration, inpatient criteria for psychiatric deterioration, procedures to guide practitioners, duration of initial order, and other areas where the state is lacking substantial standards and procedures; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2021, on its findings, conclusions and recommendations together with drafts of any legislation 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.