South Carolina Involuntary Commitment (DMH)
| Submitted | Nov. 20, 2020 |
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Communications
From: HIJ Action Lab
To Whom It May Concern:
The Health in Justice Action Lab at Northeastern University is interested in South Carolina’s involuntary commitment programs under S.C. Code Ann. § 44-52-70. Specifically, we are looking for data concerning individuals civilly committed for substance use and addiction treatment, the programmatic offerings for those individuals, and South Carolina’s response to COVID-19 in its civil commitment system.
In order to permit the public to understand how the state of South Carolina is administering involuntary commitment, the outcomes of that program, and the impact on South Carolina’s public health, the Health in Justice Action Lab is making this request pursuant to S.C. Code Ann. §§ 30-4-10 et. seq. for the following records:
1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available.
2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.
3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a) Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available.
b) For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities
c) Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine.
d) Number of individuals each facility is licensed to house.
e) State agency managing each facility housing people civilly committed for substance use disorder.
f) Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015.
4. Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015.
5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a) Overdose education and naloxone distribution
b) Linkage to treatment in the community
c) Linkage to housing in the community
d) Insurance assistance
e) Any other support or health services
6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for substance use disorder/addiction in each year since 2015.
Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.
Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within 15 business days, as the statute requires after receipt.
Thank you for your assistance. We look forward to your response.
Sincerely,
Louis Miyara
Health in Justice Action Lab
Northeastern University
From: Department Of Mental Health
November 23, 2020
Louis Miyara
Health in Justice Action Lab
Northeastern University
c/o requests@muckrock.com
Mr. Miyara:
The South Carolina Department of Mental Health’s Office of Public Affairs has received your Freedom of Information Act request, dated November 20, 2020. This office will provide a determination letter listing responsive materials and an estimate of cost, if applicable, on or before Wednesday, December 9, 2020. For your reference, SCDMH's FOIA fee schedule is posted online at the following URL:
https://scdmh.net/wp-content/uploads/2019/04/FOIA_Fee_Schedule.pdf.
Sincerely,
Tracy LaPointe
SCDMH Office of Public Affairs
Tracy.lapointe@scdmh.org<mailto:Tracy.lapointe@scdmh.org>
CC: Elizabeth Hutto, SCDMH General Counsel
From: Department Of Mental Health
December 8, 2020
Louis Miyara
Health in Justice Action Lab
Northeastern University
c/o requests@muckrock.com
Mr. Miyara:
The South Carolina Department of Mental Health’s Office of Public Affairs has received your Freedom of Information Act request, dated November 20, 2020.
In order to properly process your request and to calculate an estimate of costs, the Agency needs clarification from you. Please see below:
The South Carolina Department of Mental Health does not have information regarding all individuals committed to substance use treatment in South Carolina. In South Carolina, County Probate courts maintain these records for their respective areas.
In addition, SCDMH is the public mental health provider for South Carolina, with only one facility dedicated to substance use treatment. The State's public substance use disorder treatment agency is called the Department of Alcohol and Other Drug Abuse Services. In addition, Probate courts commit individuals to SCDMH's facility as well as private providers. As such, the information SCDMH can provide will not be a comprehensive representation of substance use commitments for the State of South Carolina or the associated treatment facilities.
The above applies to all items within your request. Please advise as soon as possible as to whether you wish SCDMH to provide the requested information for its substance use facility, Morris Village Treatment Center.
SCDMH will provide a determination message and estimate of fees, if applicable, on or before December 9, 2020.
Sincerely,
Tracy LaPointe
SCDMH Office of Public Affairs
Tracy.lapointe@scdmh.org<mailto:Tracy.lapointe@scdmh.org>
CC: Elizabeth Hutto, SCDMH General Counsel
From: HIJ Action Lab
Ms. LaPointe,
Thank you for your response. Any information you can provide about the Morris Village Treatment Center that would be relevant to our original request would be greatly appreciated.
Best,
Louis Miyara
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following South Carolina Public Records Law request, copied below, and originally submitted on . You had previously indicated that it would be completed on Dec. 9, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Department Of Mental Health
Hello,
Due to the clarification required, and the time period of the data requested, SCDMH will require more time to identify and collect the responsive information, in accordance with SC Code of Laws Per 30-4-30 (C).
As such, a determination will be provided on or before January 13, 2021.
Thank you,
Tracy LaPointe
From: Department Of Mental Health
January 13, 2021
Louis Miyara
Health in Justice Action Lab
Northeastern University
c/o requests@muckrock.com<mailto:requests@muckrock.com>
Mr. Miyara:
The South Carolina Department of Mental Health’s Office of Public Affairs has received your Freedom of Information Act request, dated November 20, 2020.
SCDMH has identified items for which it has responsive materials, please see below.
Please note, per your clarification provided on December 13, 2020, the information provided will represent ONLY SCDMH's Morris Village Treatment Center, not statewide substance use/addiction civil commitments in South Carolina.
1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available.
* SCDMH has material responsive to this item.
2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.
* SCDMH has material responsive to this item.
3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a) Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available.
* SCDMH has material responsive to this item.
b) For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities.
* SCDMH has material responsive to this item.
c) Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine.
* SCDMH has material responsive to this item.
d) Number of individuals each facility is licensed to house.
* SCDMH has material responsive to this item.
e) State agency managing each facility housing people civilly committed for substance use disorder.
* SCDMH has material responsive to this item.
f) Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015.
* Morris Village Treatment Center is a specialty hospital; as such, this information is privileged, in accordance with SC Code 44-7-392. SCDMH has no material responsive to this item.
4. Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015.
* SCDMH has no material responsive to this item.
5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a) Overdose education and naloxone distribution
b) Linkage to treatment in the community
c) Linkage to housing in the community
d) Insurance assistance
e) Any other support or health services
* SCDMH has material responsive to these items.
6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for substance use disorder/addiction in each year since 2015.
* Morris Village Treatment Center is a specialty hospital; as such, this information is privileged, in accordance with SC Code 44-7-392. SCDMH has no material responsive to this item.
The requested information will be provided electronically, via e-mail, on or before Friday, February 12, 2021. There will be no fee associated with this request.
Sincerely,
Tracy LaPointe
SCDMH Office of Public Affairs
Tracy.lapointe@scdmh.org<mailto:Tracy.lapointe@scdmh.org>
CC: Elizabeth Hutto, SCDMH General Counsel
From: Department Of Mental Health
February 11, 2021
Louis Miyara
Health in Justice Action Lab
Northeastern University
c/o requests@muckrock.com<mailto:requests@muckrock.com>
Mr. Miyara:
The South Carolina Department of Mental Health’s Office of Public Affairs has received your Freedom of Information Act request, dated November 20, 2020.
The responsive information is attached and below.
Please note, per your clarification provided on December 13, 2020, the information provided will represent ONLY SCDMH's Morris Village Alcohol and Drug Treatment Center; the data provided are therefore not representative of statewide substance use/addiction civil commitments in South Carolina.
1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available.
* See attachment labeled "Item 1".
2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.
* See attachments labeled "Item 2".
3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a) Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available.
* As this FOIA request relates ONLY to SCDMH's Morris Village Drug and Alcohol Treatment Center, see attachment labeled "Item 1".
b) For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities.
* As of December 2020, there were no patients with criminal charges awaiting admission to Morris Village Alcohol and Drug Treatment Center.
c) Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine.
* Morris Village Drug and Alcohol Treatment Center employs staff licensed to prescribe buprenorphine. The facility does not prescribe methadone.
d) Number of individuals each facility is licensed to house.
* Morris Village Alcohol and Drug Treatment Center is licensed for 174 beds by the South Carolina Department of Health and Environmental Control. The number of functional beds Pre-COVID is 103.
e) State agency managing each facility housing people civilly committed for substance use disorder.
* The South Carolina Department of Mental Health manages the Morris Village Drug and Alcohol Treatment Center.
f) Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015.
* Morris Village Treatment Center is a specialty hospital; as such, this information is privileged, in accordance with SC Code 44-7-392<https://www.scstatehouse.gov/code/t44c007.php>.
4. Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015.
* SCDMH has no material responsive to this item.
5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a) Overdose education and naloxone distribution
b) Linkage to treatment in the community
c) Linkage to housing in the community
d) Insurance assistance
e) Any other support or health services
* Each individual case manager discusses resources including outpatient treatment, housing, and other support services with his/her patient before discharge, but this information is not outlined formally. Each discharge plan is tailored specifically to each patient and mostly before discharge. This is then documented in the medical record, primarily on the Transition Plan, including their appointments.
* See attachment labeled "Item 5".
6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for substance use disorder/addiction in each year since 2015.
* Morris Village Treatment Center is a specialty hospital; as such, this information is privileged, in accordance with SC Code 44-7-392. SCDMH has no material responsive to this item.
There is no fee associated with this request.
Sincerely,
Tracy LaPointe
SCDMH Office of Public Affairs
Tracy.lapointe@scdmh.org<mailto:Tracy.lapointe@scdmh.org>
CC: Elizabeth Hutto, SCDMH General Counsel
From: HIJ Action Lab
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
HIJ Action Lab
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