While it details non-compliance in meeting a court order that led to Piedmont Behavioral Healthcare being held in contempt of court, a September opinion from the NC Court of Appeals also cites the agency’s arguments that it is literally above the law, at least as far as the state’s mental health statutes are concerned.
And in ruling against PBH’s arguments that it is protected from court action by sovereign immunity, the Appeals judges added yet another interesting twist to the unique and dysfunctional chaos that is the state’s mental health system.
The Court of Appeals findings stem from a March 26, 2010, order from Davidson County District Court that PBH provide PRTF placement and other necessary services to meet the mental health needs of a minor child under DSS guardianship or to appear in court and explain why it was not meeting the order. DSS had been seeking services for the child since August 2009. [Read more...]