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For immediate release June 14, 2023
Contact: Sarah Spier, Director of External Relations
sspier@daybreakyouthservices.org 509.828.9963   

The post DOH asked Daybreak to do the impossible and now kids are paying the price  appeared first on Daybreak Youth Services.

Contact: Sarah Spier, Director of External Relations
sspier@daybreakyouthservices.org 509.828.9963

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 1^st 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 9^th 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.

The post Judge strikes DOH’s temporary restraining order against Daybreak appeared first on Daybreak Youth Services.

Contact: Sarah Spier, Director of External Relations 

sspier@daybreakyouthservices.org 509.828.9963   

DOH failed to disclose material facts to get a TRO.  Daybreak files a motion to strike DOH’s TRO due to “ethical lapses” 

Daybreak Youth Services filed a motion today in Thurston County Superior Court to strike the Court’s   order that yesterday granted the Washington Department of Health a TRO against Daybreak Youth Services.  The motion out lines ethical and legal violations including a key “ethical lapse.”   

“Ethical lapse,” is legalese for “outrageous conduct.”  In this case, Assistant Attorney General Jack Bucknell, acting on behalf of the DOH, had a duty to inform the Court of adverse material facts that he was aware of.  But Bucknell withheld them from the Court.  Bucknell was aware that David H Smith, attorney for Daybreak was going to file a temporary restraining order against the DOH and did so on June 1st, the same day that Bucknell filed for DOH against Daybreak.   

Bucknell made both verbal and written promises to Smith that he would inform the Court about Daybreak’s intent to file a TRO against DOH if he filed for TRO against Daybreak.  On the morning of May 31st, Bucknell said in an email to Smith, “If the Department proceeds this morning, I will let the Court know about this matter,” referring to Daybreak’s TRO.   

But that’s not what happened.  Bucknell later tried to justify his failure by saying, “Because the presentation was ex parte, I was unable to provide the Court with any information that was not in the motion we sent you by email on the evening of the 30th…” referring to his motion for a TRO.    

It’s not clear why Bucknell was “unable” to provide information that he had a legal obligation to disclose to the Court.  Applicable law related to ex parte hearings states, “In ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.”  (see attached motion) 

Bucknell did not have to have an ex parte hearing.  Ex parte hearings are generally used when there are no unsettled issues or the parties agree.  In this case, dealings between Daybreak and DOH have been contentious.   

This raises the question as to whether the reason Bucknell chose an ex parte hearing was to avoid having to disclose adverse facts to the Court.  Whatever the reason, Bucknell violated the rules governing ex parte hearings and the rules of professional conduct. 

Smith has a hearing before Superior Court Judge Indu Thomas on Monday morning.  “The AG’s office on behalf of DOH has repeatedly trampled Daybreak’s due process rights,” said Smith.  “I hope the Court will strike DOH’s TRO gained through unethical and unlawful behavior.” 

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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.  

The post DOH failed to disclose material facts to get a TRO.  Daybreak files a motion to strike DOH’s TRO due to “ethical lapses”  appeared first on Daybreak Youth Services.

Contact: Sarah Spier, Director of External Relations 

sspier@daybreakyouthservices.org 509.828.9963   

DOH “Played” Thurston County Judge 

There are rules which govern our legal process.  And, then, there are “dirty tricks.”    

One of the rules holds that during litigation, when going before a judge, especially in “ex parte” hearings where only one of the two parties is present, the attorneys for one side are supposed to keep the judge informed as to what the other side is doing. 

The Assistant Attorney General representing the Department of Health was told last night by Daybreak attorney David H. Smith that Daybreak would file a temporary restraining order (TRO) against the Department of Health today.  The DOH’s attorney intended to, and did file, a TRO this morning for DOH today against Daybreak.  Dueling TROs. 

 One problem.  The Assistant Attorney General failed to notify the judge of Daybreak’s TRO. 

 That’s both a dirty trick and a violation of the rules of professional conduct.  DOH has a history of denying Daybreak due process. 

DOH is trying to deprive Daybreak’s patients’ life-saving treatment.  Daybreak’s TRO includes letters from patients and parents testifying to the value of the organization. “I can say with certainty that Daybreak saved my life,” wrote a former patient who completed treatment at Daybreak and has been sober for one year.1 “While I was an in-patient, I began to work through why I was using, I found joy in being alive and sober. I had a safe place to be filled with support. I began to see a future for myself.” 

Other patients and parents express similar sentiments. “Daybreak Youth services has gone above and beyond for my son whom is in their care at this very moment.,” wrote one parent.  “I, as a mother, cannot be more thankful and grateful for this facility. They not only saved my son’s life but gave him a real second chance at life.”   

Current actions by the DOH are already causing grave harm to the 98 distraught kids at Daybreak and their families, some of whom are being uprooted by Managed Care Organizations at the behest of the DOH.  At least one patient who wanted to stay at Daybreak was told that if she didn’t agree to be moved that she would be “homeless.” 

“Being shady and sneaky to try to take down a good thing is absolutely despicable and I don’t really understand how you [the DOH] look in the mirror knowing you are taking away a real lifeline for so many families. I [name deleted] mother of a current resident at Daybreak Youth Services am so beyond grateful and will stand and fight with Daybreak forever.”   

# # #  

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.  

The post DOH “Played” Thurston County Judge appeared first on Daybreak Youth Services.

Contact: Sarah Spier, Director of External Relations 

sspier@daybreakyouthservices.org 509.828.9963   

Daybreak challenges the DOH in Superior Court 

Daybreak Youth Services is filing suit in Clark County Superior Court against the Washington Department of Health (DOH) seeking injunctive relief from the department’s vindictive effort to suspend Daybreak’s licenses.  DOH and Daybreak are currently in the midst of an administrative process over Daybreak’s license, and it appeared that Daybreak would prevail in its motion for summary judgment. 

Faced with defeat, DOH used an “ex parte” procedure that required no notice to Daybreak and issued a “summary action” to suspend both of Daybreak’s licenses on Friday afternoon before the long Memorial Day weekend in order to close down Daybreak before they could appeal within the four-day window to comply with the summary action. “The Department of Health violated Daybreak’s right to due process,” said David H. Smith, Daybreak’s attorney.  “They are causing irreparable harm to Daybreaks patients, their parents, and the organization itself.” 

DOH said that they took the extraordinary action of issuing the “summary action” because they claimed there is an immediate danger of harm to Daybreaks patients—but they relied on events that occurred and were resolved in 2021 and 2022.  “This is a pretext that will never hold up in court, “said Smith.  “Faced with losing on the merits of their case in the current litigation over Daybreak’s license, DOH has hoped for the kill shot.”       

What will happen if DOH is successful?  The state will lose an indispensable suite of services that help some of Washington’s most vulnerable youth including: 

• Two residential inpatient facilities for substance use disorder and mental health conditions (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.  

In its most recent report to the legislature, the Washington State Health Care Authority reported that one in three youth covered by Medicaid in need of mental health services did not receive them.  They also reported that three out of four youth covered by Medicaid, who needed care for substance abuse, did not receive treatment.    

Daybreak is the largest youth Medicaid facility in Washington State.  It is also one of the few in-patient facilities for youth in the state.  But for Daybreak, the kids they serve are likely to end up on the street, in jail, or in the morgue.  In addition, the state would also have to bear the costs for increased crime, law enforcement, and incarceration.   

Current actions of the DOH are already causing grave harm to the families and their 98 distraught kids at Daybreak, some of whom are being uprooted by Managed Care Organizations at the behest of the DOH.  “The DOH is now in the process of harming those they are supposed to protect,” said Smith. “It’s time to stop the madness.” 

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The post Daybreak challenges the DOH in Superior Court  appeared first on Daybreak Youth Services.

Contact: Sarah Spier, Director of External Relations 

sspier@daybreakyouthservices.org 509.828.9963   

The Empire strikes back.  DOH’s supposed efforts to protect children at Daybreak is making their mental health worse. 

Despite a breathtaking abuse of power by the Department of Health, Daybreak Youth Services remains open and is still serving youth.  Faced with having its “intent to suspend” Daybreak’s license thrown out via the rehab’s motion for summary judgement, the DOH used an “ex parte” procedure which required no notice to Daybreak and issued a “summary notice” to suspend their licenses on a Friday afternoon before a long holiday weekend in an effort to close down Daybreak before they could appeal within the four-day window to file.    

“In my 20 years as an attorney, I have never seen a more harmful, vindictive, or retaliatory action,” said David Smith, Daybreak’s attorney, who will file an appeal. 

DOH said that they needed to take such action because there is an immediate danger of harm to Daybreak’s patients, but relied on events that occurred and were resolved in 2021 and 2022. In so doing, they violated Daybreak’s right to due process.   

“These actions have been taken without the DOH having proven these allegations and are inconsistent with due process,” said Julian Gonzales, a Behavioral Health Services expert with   25 plus years of experience conducting and supervising certification and licensing for matters related to substance use disorder and behavioral health for the Washington State Department of Social and Health Services.  

Ironically, while Daybreak poses no threat to the wellbeing of its patients, the action of the DOH does.  “The DOH’s actions compromise Daybreak’s ability to provide safe and effective treatment services to patients,” said Gonzales “by diverting staff time and financial resources to defend against unproven, false, defamatory and malicious accusations.” 

 There are now more than 98 distraught kids and families who don’t know where they or their kids are supposed to go.   

Daybreak is one of the few in-patient facilities in Washington and the largest youth Medicaid facility in the state. But for Daybreak, the kids they serve are likely to end up on the street, in jail, or in the morgue. “One of the most important aspects of mental health treatment is consistency and stability” said Sandi Skok, Daybreak’s Mental Health Director. “The abrupt actions of DOH   is increasing the kid’s anxiety and depression. The negative impacts of disrupting their treatment like this could have irrevocable, long-lasting consequences.”    

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The post The Empire strikes back.  DOH’s supposed efforts to protect children at Daybreak is making their mental health worse.  appeared first on Daybreak Youth Services.

Contact: Sarah Spier, Director of External Relations

sspier@daybreakyouthservices.org 509.828.9963

DOH says they intend to suspend Daybreak’s licenses. Daybreak intends to appeal and finds this is vindictive and retaliatory. 

The Washington Department of Health posted a press release today saying that they intend  to suspend licenses for both of Daybreak Youth Services facilities.  The question is, can they really do that while they are in the midst of litigation over that very issue.

DOH gave Daybreak four days to appeal the determination. “The fact that they did this at 3 pm on a holiday weekend illustrates the department’s lack of fair play and due process,” said David Smith, Daybreak’s attorney. “This is a continuation of a dispute that began in August of 2022 and when Daybreak was on the verge of winning, they sought to amend their allegations because they thought Daybreak win. This is a vindictive and retaliatory filing.”

Daybreak will appeal.

DOH has long alleged that Daybreak is “uncooperative,” and listed that as one of the reasons they suspended they took this action.  However, in a deposition, while under oath, DOH’s lead investigator said she didn’t have any evidence of non-cooperation, that it was only a “feeling.”

In its ongoing campaign against Daybreak, the DOH tried to slip in documents never seen before in its litigation against the recovery center nearly a month after the cutoff date for discovery.

Faced with the prospect of losing what was a dubious case, DOH attached the documents that had not been seen before to a declaration made by another Department investigator whose filings contained stories from former Daybreak staff members that painted a bleak picture of a lawless and dangerous place.  By slipping them in after the discovery period it deprived Daybreak of the opportunity to vet the reports for accuracy, context and coercion.

In one such story, a former employee inferred something illegal or “sketchy” was happening at Daybreak.  He said that four girls were brought to Daybreak’s Restorative Receiving Center, a place for girls who are victims of sex trafficking, under unusual circumstance. The patients were brought in at night from Arizona.  “Staff were instructed not to tell anyone outside of who was supposed to be working on that side that these patients were in the facility,” he said.

Here’s what actually happened.  Daybreak was contacted by Washington State’s Department of Children, Youth and Families with an urgent request for help.  As it turned out, this was part of an interstate FBI sting to rescue girls who were being sex trafficked.  For the girl’s safety, the FBI requested secrecy.

DOH has used unfair and legally questionable tactics against Daybreak in the past.  A recent Freedom of Information Act request showed the employees of DOH and The Health Care Authority have colluded to shut down Daybreak.

“In my view, what the Department of Health did was an act of desperation,” said Smith. “Actions like this leads me to believe the DOH no longer believes that it can prove the accusations they made in their original notice of intent.  Their actions are vindictive and retaliatory.”

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As someone who has dedicated their career to the mental health field, you understand the importance of supporting individuals who are struggling with their mental health. But what about your own mental health? As May is recognized as Mental Health Month, it’s the perfect time to prioritize your own well-being and reflect on the unique challenges that may come with working in this field.

It’s no secret that working in the mental health field can be incredibly rewarding, but it can also be demanding and emotionally taxing. As someone who is constantly supporting others, it’s essential to take care of yourself too. Here are some tips and strategies for mental health professionals to prioritize their own mental health and well-being:

Practice Self-Care: It can be easy to put your own needs on the back burner, but self-care is crucial for your own well-being. Make sure you’re getting enough sleep, eating well, and engaging in regular exercise. Additionally, take time to do things you enjoy, whether that’s reading, listening to music, or spending time with loved ones.

Connect with Colleagues: It can be incredibly helpful to connect with others who understand the unique challenges of working in the mental health field. Consider setting up regular meetings or check-ins with colleagues to share your experiences and support one another. You could also consider joining a professional organization or participating in online forums where you can connect with others who share your passion for mental health.

Seek Support: Mental health professionals often feel like they should have all the answers, but it’s important to remember that everyone needs support from time to time. If you’re struggling, don’t hesitate to reach out to a therapist or counselor for support.

Engage in Mindfulness: Mindfulness practices can be powerful tools for reducing stress and promoting relaxation. Consider incorporating meditation, yoga, or deep breathing exercises into your daily routine to help manage the demands of your work and promote overall well-being.

By prioritizing your own mental health and well-being, you’ll be better equipped to support your clients and colleagues. This Mental Health Month, take the time to reflect on your own mental health needs and commit to making self-care a priority. Your mental health matters.

The post Your Mental Health Matters – Working in the Field appeared first on Daybreak Youth Services.