For immediate release June 7, 2023
Contact: Sarah Spier, Director of External Relations
Judge strikes DOH’s temporary restraining order against Daybreak
In a stunning turn of events that undermines the Washington Department of Health’s legal and media campaign against Daybreak Youth Services, Thurston County Superior Court Judge Indu Thomas granted Daybreak’s motion to stay the Department’s TRO granted June 1st during an ex parte hearing—and, in addition, ordered that the TRO be “stricken” because the court must hear from both sides prior to a decision.
Judge Thomas also denied DOH’s “Motion to Shorten Time” for a hearing on DOH’s motion for contempt against Daybreak. Now that the TRO has been stricken, it follows that the motion for contempt for not complying with the stricken motion is no longer relevant.
“These rulings are a massive blow to the Department of Health and the credibility of Assistant Attorney General Jack Bucknell, “said David H. Smith, Daybreak’s attorney. “It also signals a change in the trajectory of this litigation.”
In a recitation of facts relevant to this case, Judge Thomas noted that “The Court was not advised of Daybreak’s Clark County filings” for a temporary restraining order against DOH, something that Assistant Attorney General Jack Bucknell was required by law to present.
Judge Thomas scheduled a hearing for 11:00 am June 9th when all parties will be heard on whether there is any evidence to support DOH’s temporary restraining order, which Daybreak will vigorously protest.
“I want everyone to be aware of systematic abuse of the legal system,” said Smith, “which has harmed Daybreak, its patients and its families.”
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Note: Daybreak provides an indispensable suite of services that help some of Washington’s most vulnerable youth including:
- Two residential inpatient facilities for substance use disorder (Spokane and Vancouver);
- A Restorative Receiving center, focusing on stabilizing youth that have been or who are at risk of being commercially and sexually exploited;
- An Evaluation & Treatment Center, focusing on mental health crises and suicide;
- Three WISE teams in Spokane (family-focused wrap around intensive services for clients and their families);
- Fully accredited schools in both Spokane & Vancouver.