IN FOCUS: Mental health agency misses court-ordered deadline, faces scrutiny and leadership change

Oklahoma’s Department of Mental Health and Substance Abuse Services (ODMHSAS) is under fire after missing a major deadline tied to a federal consent decree meant to improve treatment for people found incompetent to stand trial.

The consent decree, approved earlier this year, is a legally binding agreement between the state and plaintiffs that outlines the overhaul of the way Oklahoma restores individuals deemed incompetent for trial. Currently, those individuals face months-long delays to access care, often waiting in jail for a bed at the state’s lone treatment facility, which has only 200 beds.

What Does the System Look Like Now?

Oklahoma’s mental health competency restoration system is under federal oversight following a consent decree aimed at reducing long wait times for people deemed incompetent to stand trial.

Currently, anyone deemed incompetent is placed on a waiting list for the state’s only treatment facility. That facility has just 200 beds, meaning some defendants wait months in county jails without access to proper care.

Once admitted, individuals receive treatment with the goal of restoring their competency. If, after two years, they are not restored, charges are often dismissed, and the person is released.

State Sen. Paul Rosino (R-OKC) said the goal of the new court-ordered agreement is to “make sure those people have the mental health resources to become competent and stand trial.”

ODMHSAS Missed Deadline

Despite the urgency, Oklahoma has already missed one of the key deadlines outlined in the consent decree.

“One of the first measures that we had was they gave us a certain time frame and then we had to have a plan, the state of Oklahoma had to have a plan ready to go,” said Sen. Rosino. “We missed that measure.”

Rosino added that “the initial plan they gave to the consultants was not acceptable,” and “they rejected the measures that were sent to them to initiate, get the plan going.”

Attorney General Gentner Drummond echoed that concern in a letter to Interim Commissioner Greg Slavonic, saying:

“The information that ODMH has provided to the consultants this far has been incomplete and inaccurate, which undermines the objectives of the decree.”

Drummond continued in a public statement:

“Given the failed leadership of the department’s former director and the Governor’s inexplicable refusal to correct course, the lack of progress is hardly surprising. It is, however, inexcusable.”

Rosino warned that missing these court-ordered benchmarks could lead to penalties:

“If we don’t meet certain measures within that time frame, it can be extended — and if that happens it just costs us more money, there’s more fines and fees, and the people that need the restoration, the mental health, they’re not getting it.”

Governor Vetoes Consent Decree Bill

Lawmakers had attempted to pass legislation this year that would have created a point person within the department to oversee the implementation of the consent decree.

“The bill that the Governor pocket vetoed was basically some guardrails to make sure that we had the right person to put the steps in place to make sure the consent decree was successful,” Rosino said. “Somebody that had mental health experience, somebody that knew the system, somebody that knew what was going to be required.”

Despite Governor Kevin Stitt’s veto, Rosino said he believes the situation may still turn around under the new leadership.

“I think it’s okay because we have someone else in charge right now and we have to give the Admiral an opportunity to take care of business at the Department of Mental Health.”

Admiral Greg Slavonic took over as interim commissioner on June 9, after lawmakers voted out former Commissioner Allie Friesen on June 1, citing financial and performance concerns. An audit revealed a $30 million shortfall, and earlier this year, the department had to request $27 million to cover payroll.

What’s Next

With the consent decree offering a five-year window for compliance, the pressure is on.

“If we don’t come up with an initial plan, I think we will get a penalty at some point,” Rosino said. “We’ve got to keep our foot on the gas.”

The Department of Mental Health and Substance Abuse Services stated in a press release that Slavonic “has made aligning the agency with the consent decree a top priority, including targeted restructuring to enhance implementation and oversight.”

Drummond added that while he respects the interim commissioner, “my office will be watching closely.”

Rosino remains cautiously optimistic:

“He will find the right team, he will put the leadership structure in where it needs to be, but it’s going to take time. It’s not going to happen overnight.”

“If you don’t put the right people in the right positions to succeed, then nothing works.”