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Earlier this month, we shared with you the State of Mississippi’s proposed remedial plan to address the ways the state’s mental health system was found in violation of the Americans with Disabilities Act in September 2019.  The United States Department of Justice filed its proposed remedial plan on May 20.  The plan begins with the United States’ Response to the Court Order that highlights these points:

“1. The Proposed Remedial Plan sets forth provisions to remedy the violations identified in the Court’s September 3, 2019, Memorandum Opinion and Order, ECF No. 234. It is firmly rooted in the evidence admitted in the June 2019 trial, and it is appropriately tailored to comply with the requirements for injunctive relief.

2. The Proposed Remedial Plan requires the State to expand its existing core services— Mobile Crisis Teams, Crisis Stabilization Units, Program of Assertive Community Treatment (PACT), Permanent Supported Housing, Supported Employment, Peer Support, and Community Support Services—to prevent unnecessary hospitalizations of adults with serious mental illness.

3. The Proposed Remedial Plan also addresses failures relating to discharge planning, oversight of the core services, and technical assistance to community mental health providers that the Court found contributed to unnecessary hospitalizations.

4. Finally, the Proposed Remedial Plan provides for a Monitor to assess the State’s compliance and includes clear termination provisions. ”

The Proposed Remedial Plan begins with a background of the case and then describes what the plan will require.  The US Memorandum in Response to the Court’s Order provides more detail and clarification about the plan.  We appreciate that the plan includes stakeholder input and appears to create a path for better coordination and stronger infrastructure within the mental health system.

Dr. Michael Hogan, Special Master for the Case, has until June 4 to review both plans and make recommendations to Judge Reeves. A hearing on the remedies is set for July 12, 2021 at 9:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves.

We encourage all of you to read through both plans and thoughtfully consider what you think would most benefit people with mental illnesses and their families. If you have feedback or questions for either side in US v. Mississippi, here is their contact information:

For the State of Mississippi:
Doug T. Miracle, Civil Litigation
Office of Attorney General Lynn Fitch
601.359.3680
doug.miracle@ago.ms.gov

For the United States:
Sarah L. Malks
Outreach Specialist
Civil Rights Division, US Department of Justice
iPhone 202.598.5344
Sarah.Malks@usdoj.gov