Federal suit for violations
at State Hospital could
be ended in 2 or 3 years

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By Helen Altonn
haltonn@starbulletin.com

An 11-year-old lawsuit against the state for federal violations at Hawaii State Hospital could be ended in two to three years, pending an acceptable community system of mental health services.

This is among points made in a report filed today in federal court by U.S. Magistrate Kevin Chang, appointed by Chief U.S. District Judge David Ezra in May, 2001, as special master in the case. Chang said he has selected an evaluation team that will make its first visit to the hospital on Sept. 23 to review compliance with court orders.

In his second report to the court, Chang said "noteworthy progress" has been made in implementing and monitoring changes needed at the psychiatric hospital in Kaneohe.

However, he said a plan by experts for a community mental health system was "vague, overly broad, did not provide sufficient detail as to how the plan was to be implemented or how services will be developed and delivered and did not prioritize or set out points in time for measurement of progress sufficient to warrant conclusion of this litigation."

As a result, Chang said Dr. Peter Forster was retained to assist with preparing a community-based service plan for patients being transferred or diverted from the State Hospital.

A plan was submitted in June and will be discussed by all parties concerned at a meeting Monday and Tuesday. It will focus on how services will be developed and a system sustained over time, he said.

Resolution of disputed items will be in a community system plan that he will recommend and discuss in his third report to be filed about Oct. 31. He said he expects the combined hospital and community system reports to constitute "an omnibus plan" integrating the state's overall mental health system. He said it should provide "a road map and the big picture for attaining a positive outcome to this litigation."

Chang commended Hospital Administrator Paul Guggenheim and his staff for expediting renovations to the old Guensberg building and movement of 60 inmates there last month to relieve overcrowding in smaller units. The hospital population as of Monday, including 15 patients at Kahi Mohala and two at Kauai's Samuel Mahelona Memorial Hospital, totaled 188, he said.

But increasing hospitalizations in recent months are "of growing concern" and the state should "promptly develop and evaluate alternatives" to assure beds are available for those who need such care, he said.

Chang said dialogue between Kris McLoughlin, court-appointed special monitor, Dr. Tom Hester, Adult Mental Health Division chief, and others "has enabled the parties to move forward in large steps and is critical to maintaining momentum throughout this litigation."