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S.C. Judge: Mental Health Must Explain Backlog
By Charlotte Observer
Published: 08/06/2003

South Carolina's top judge said recently that she wants the Department of Mental Health to return to court to explain why more than 70 mentally ill people sat in jail waiting for court-ordered treatment.
Department officials had initially told judges, advocates and the public that budget cuts were the reason it couldn't treat the inmates. Mental Health director George Gintoli now says an administrative mistake was the reason the department's forensic unit filled up and couldn't admit more criminal defendants who had been deemed mentally incompetent to stand trial.
S.C. Supreme Court Chief Justice Jean Toal said she was disappointed after reading an Observer article July 20 in which Gintoli admitted the mistake. 'When it turns out that management was the problem, not underfunding, it is clear we were not told accurately what the situation was,' Toal said. 'We were misled. ... It certainly disappoints me that the first reaction was to blame it on somebody else.'
A spokesman for Gov. Mark Sanford said July 21 that Gintoli's statement strengthens Sanford's case for putting mental health directly under the governor.
Waiting for lawmakers when they reconvene in January is Sanford's reorganization plan that includes giving him the power to hire and fire the mental health director. Now, the director is hired by and reports to a part-time, seven-member board appointed by the governor.
The reorganization bill has already passed the House and is pending in a Senate committee.
One of the authors of that bill, S.C. House Majority Leader Rick Quinn, R-Richland, nevertheless defended Gintoli recently.
'I really think it may be much more of an issue of communication than credibility,' Quinn said. 'Just from what I've seen, I feel that he's trying to correct a lot of problems that exist there ... They've been under a real transition in terms of leadership. They haven't had any continuity.' Gintoli is the fifth director in six years.
But Quinn, who heads the House Ways and Means subcommittee that handles the Department of Mental Health's budget requests, said that in one-to-one conversations with Gintoli, 'He's been pretty clear that there were some administrative issues.''
The Department of Mental Health came under Toal's scrutiny when a Richland County public defender took the department to court, saying it was violating judicial orders to treat mentally ill inmates. In 2001, when the department's forensic unit reached its 178-patient capacity, the department began putting inmates on a waiting list.
The inmates stayed in local jails an average of seven months -- many of them getting sicker -- while waiting for treatment.
Toal appointed Circuit Court Judge Henry Floyd to oversee the case, and in September 2002, Floyd ruled the department was in contempt of court. Even though the department discovered the cause of the backups in summer 2002, Toal said the department never told the courts there was any reason other than budget cuts for the forensic unit being filled.
Due to administrative errors, Gintoli said, the department failed to discharge patients on time, creating a backlog.
When the department was found in contempt, Toal said, the department went on a 'public relations offensive.'
'An attempt was made to portray the courts as the bullies in the process,' Toal said. 'Had it not been for my orders and Judge Floyd's orders, these people would still be in jail.'
Floyd said recently he expects to hold a hearing in the matter soon. He said the recent events now have him questioning the department's claim that it has since reduced the backlog to four people with an average wait of 28 days.
'I am a bit concerned about the lack of candor, and I'm going to be making some contact with the department,' he said. 'It concerns me a bit that they tried to make it appear that we were being unreasonable.'
Department of Mental Health spokeswoman Alyce McEachern said the department is willing to respond to any questions asked by judges. She said the department provides quarterly updates to the court.
David Almeida, head of the S.C. chapter of the National Alliance for the Mentally Ill, said he also has asked Gintoli for an explanation. But Almeida said he thinks budget cuts did hamper the department's ability to react once the forensic unit filled.
'I strongly believe that part of the difficulty in getting command and control over the situation had to do with budget cuts.'


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