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AG fights to limit court monitor oversight in mental health lawsui

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Mental health agency, AG at odds over court-appointed monitor’s work

While the Department of Mental works to expand community-based mental health services for , the Attorney General’s Office continues to fight oversight of that effort.

State attorneys filed an objection to the most recent report by the court-appointed monitor reviewing the department’s progress toward reducing unnecessary hospitalizations of people with serious mental illness โ€“ the latest example of the disconnect between the state’s top law enforcement agency and the mental health department.ย 

โ€œThe State is concerned that the volume of general commentary, discussion in the nature of perceived best practices, and recommendations in the Second , coupled with the Monitor’s 3-part framework for assessing compliance, is resulting in mission creep โ€“ i.e., the incremental expansion of the Remedial Order well beyond its terms,โ€ the objection, filed on Sept. 22, said.ย 

In 2016, the Department of Justice sued the state over its mental health system. U.S. District Court Judge Carlton W. Reeves sided with the federal government in 2019, finding that Mississippi had violated the Americans with Disabilities Act by segregating people with mental illness in hospitals far from their homes and families.ย 

Last year, Reeves appointed Michael Hogan, a former New York State Commissioner on Mental Health with 40 years of mental health experience, to create twice-yearly reports monitoring the state’s progress toward providing community-based services to help people avoid hospitalization.ย 

Hogan filed his second report in early September. The 62-page document found that Mississippi had reduced hospitalizations, but that problems with care coordination at community mental health centers to people falling through the cracks.ย 

Hogan told Mississippi Today that he sees the case as two sides of a coin. On one side, he believes the Department of Mental Health is working in good faith to comply with Reeves’ remedial order.ย 

โ€œ of the coin is legal, and on that side, the state has fought โ€“ as far as I can tell โ€“ every aspect of the case from the beginning, and continues to,โ€ he said.ย 

The state appealed Reeves’ ruling to the U.S. 5th Circuit Court of Appeals, arguing he had installed โ€œperpetual federal oversightโ€ of Mississippi’s mental health system. Oral arguments are set to take place in New Orleans next .ย 

Meanwhile, Department of Mental Health leadership has publicly praised Hogan’s work.

โ€œThe Department of Mental Health values working with Dr. Hogan and appreciates his willingness to provide feedback as the agency continues to implement new data and validation measures, protocols, and audit processes that have begun over the past year,โ€ department spokesman Adam Moore said earlier this month when Hogan filed his report. โ€œAs both reports have mentioned, much has been accomplished and there is much to be done.โ€

Moore said on Tuesday that the Department had nothing further to add and referred Mississippi Today to the Attorney General’s Office for questions regarding the litigation.

Michelle Williams, chief of staff for Attorney General Lynn Fitch, said the office does not comment on pending litigation and will let the filing speak for itself.

In September of last year, shortly before the state filed its appeal with the 5th Circuit, Department of Mental Health Director Wendy Bailey told lawmakers the agency would move forward regardless.

โ€œWe will comply with the judge’s order and do everything that we need to do as a state agency,โ€ she told lawmakers. โ€œAs far as the appeal, that would be a question for the Attorney General’s office.โ€

Reeves’ order appointing Hogan requires him to โ€œassess complianceโ€ with each part of the remedial order, but it doesn’t spell out how exactly he should do that. Some components of the order are quantitative โ€“ for example, the state must operate one or more mobile crisis response teams in each region. But others are not, like the requirement that community mental health centers โ€œmake reasonable effortsโ€ to reach people with serious mental illness and connect them with care.ย ย 

So Hogan developed a โ€œthree-part frameworkโ€ in consultation with the state and the Department of Justice. For each element of the order, he looks at whether the state took action to address the requirement. Then he asks how well the action is working. Finally, he tries to assess whether the action is reducing unnecessary hospitalizationsโ€“ the key goal of the .ย 

Hogan discussed that framework in his first monitoring report in March, and the state filed no objection. Now, the state claims the framework is โ€œproblematicโ€ because it is not discussed in the remedial order and because it is not objective.ย 

โ€œThe Monitor cannot call balls and strikes without an objectively defined strike zone,โ€ the state’s objection says. โ€œThe Remedial Order does not provide an objectively defined strike zone for the vast majority of its provisions. The rules for balls and strikes are not dependent on the professional judgment of the umpire. Likewise, compliance with the Remedial Order should not be dependent on the professional judgment of a monitor.โ€

Both the state โ€“ represented by the Attorney General’s Office โ€“ย  and the Department of Justice have a to provide comments and suggested revisions before Hogan files each report with the court. Hogan said the state had raised many of the issues that now appear in its objection. He responded to those points but did not make all the changes the state wanted.ย 

โ€œMy view is, it is what it is,โ€ he said. โ€œAnd I proceed ahead on my side of the road or my side of the coin, which is to look at compliance and make the best judgments that are available.โ€

Read the state’s objection here:

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

Mississippi News

News anchor dropped after social media post telling Trump-haters supporting Harris: ‘Stay home, donโ€™t vote’

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www.foxnews.com – – 2024-11-04 11:51:00

SUMMARY: David “Dave” Elliott, a local anchor for in for nearly 40 years, was fired after expressing political views on social . He revealed on Facebook that his termination was due to his political opinions, specifically mentioning a where he advised people not to vote out of hatred for Donald Trump. Elliott characterized his social media posts as satire, distinguishing them from his professional work. He noted that the discussion with his station’s general about his dismissal was brief, and the topic of social media was raised. WLOX’s management declined to comment on the matter.

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Mississippi News

National Women’s March held in Tupelo brings locals together

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www.wcbi.com – Kaleb Green – 2024-11-02 22:19:00

SUMMARY: The Women’s March in , Mississippi, joined national marches advocating for women’s rights, coinciding with in Washington D.C. and other . Organized by Indivisible Northeast Mississippi, the march influential speakers who emphasized the importance of personal autonomy and women’s involvement in societal issues. Participants expressed gratitude for the ‘s significance in a small town, with speakers urging women to fight for their rights and control their own bodies. The message for young women included themes of independence and empowerment, encouraging them to pursue their goals bravely. The Tupelo march was part of a larger movement encompassing similar events in and Hattiesburg.

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Mississippi News

‘Get Out to Vote’ rally encourages citizens to cast their ballots

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www.wcbi.com – Khamari Haymer – 2024-11-02 20:01:00

SUMMARY: Elected in Columbus, Mississippi, are promoting voter participation ahead of election day through a โ€œGet Out to Voteโ€ rally hosted by Representative Kabir Karriem and District Supervisor Leroy Brooks. The provided food and drinks while emphasizing the significance of exercising rights. Karriem stressed the importance of voting, stating every citizen should participate. Brooks, reflecting on the historical struggles for voting rights, underscored that voting should be a natural part of civic engagement. The rally took place in front of the Lowndes County Courthouse, encouraging community members to take action.

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