Appeals Court Overturns Contempt Order in Daybreak Case

Appeals Court Overturns Contempt Order in Daybreak Case
Judges Rule That The Department of Health’s Demands Were Impossible to Meet

In a significant legal victory for Daybreak Youth Services, the Washington State Court of Appeals has overturned a contempt order issued against the organization, finding that the Washington Department of Health (DOH) had imposed requirements that were fundamentally impossible to fulfill.

In its ruling, the court concluded that the contempt order could not stand because it was impossible for Daybreak to meet the demands of the DOH. “Daybreak’s inability to perform the acts ordered in the TRO within the timeframe provided are a complete defense to contempt,” said the court in an opinion released on April 1st (See attached).

The DOH had previously obtained an emergency temporary restraining order (TRO) during an ex-parte proceeding—meaning Daybreak was not present to defend itself—that required the organization to transfer all youth in its care in three days over the 2023 Memorial Day weekend. They then accused Daybreak of contempt when it could not meet the impossible timeline.

“The court recognized that it was physically and logistically impossible to safely relocate dozens of vulnerable youth in that timeframe,” said Tom Russell, CEO of Daybreak. “This ruling confirms what we’ve said all along.”

Daybreak, a non-profit that operated Washington’s largest residential treatment program for youth on Medicaid, was forced to cease operations following the DOH’s suspension orders. Despite having passed all regulatory surveys and upholding federal privacy laws that protect youth privacy while in treatment, Daybreak was systematically targeted by DOH investigators.

“We did everything in our power to protect the kids entrusted to us,” said Russell. “And we are fighting to protect vulnerable youth, uphold the law, and stand up to government overreach.”

“This is an important milestone in restoring the truth,” said David H. Smith, legal counsel for Daybreak.
“We’ve always maintained that the state’s actions were illegal, retaliatory, and driven by personal vendetta—not evidence. With this ruling, the courts are beginning to expose just how far the DOH overstepped.”

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About Daybreak Youth Services
Daybreak Youth Services was one of Washington State’s largest residential treatment providers for adolescents facing substance use and behavioral health crises. For more than 45 years, Daybreak served youth across the state with trauma-informed care, including inpatient treatment, mental health evaluation, suicide prevention, and specialized support for victims of sex trafficking. Daybreak’s services helped thousands of youth reclaim their futures.

For more information, visit www.daybreakyouthservices.org.

Attachment: Washington State Court of Appeals Unpublished Opinion