DOJ Reports Oklahoma City Discriminates Against People With Behavioral Health Disabilities

The United States Department of Justice announced Friday that it has found that the State of Oklahoma, Oklahoma City and Oklahoma City Police Department (OKCPD) discriminate against people with behavioral health disabilities.

Here is an overview of the allegations in the report's findings:

1. Unnecessary institutionalization
2. Discriminatory practices when responding to behavioral health calls
3. Only police responding to behavioral health emergencies, even when there is no safety threat
4. Needless escalation of crisis situations, leading to use of force

What's being done to improve, according to the report:

1. Oklahoma expanded the state's crisis system
2. Updated plan to make sure those with disabilities receive services, known as an Olmstead plan
3. Oklahoma City announced plans to provide behavioral health response to 911 calls
4. Improvements began within the Oklahoma City Police Department.

More Details on the Department of Justice Findings

According to the Justice Department, Oklahoma unnecessarily institutionalizes adults with behavioral health disabilities in the Oklahoma County area, in violation of Title II of the Americans with Disabilities Act (ADA).

The department also cited that Oklahoma City and OKCPD engage in discriminatory practices when responding to emergency calls involving individuals with behavioral health disabilities, violating both the ADA and the Violent Crime Control and Law Enforcement Act of 1994.

"People with behavioral health disabilities in the Oklahoma County area are not receiving the support they need," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "Instead of accessing treatment in the community, they are institutionalized repeatedly. Further, when they call 911 for a behavioral health emergency, they get a response by armed police, even when there is no public safety issue identified. As a result, urgent mental health needs often go unaddressed and crisis situations are needlessly escalated, sometimes leading to avoidable use of force."

The Justice Department’s investigation said that thousands of people with behavioral health disabilities are admitted to psychiatric hospitals in Oklahoma County each year, many with long or repeated stays and said many individuals also experience long-term stays in nursing or residential care facilities.

According to the department, these individuals could live successfully in their communities with access to critical community-based services that help prevent unnecessary institutionalization.

However, they said Oklahoma lacks sufficient services to prevent this, leading many people to end up in crisis situations that involve law enforcement.

The investigation also said that when individuals call 911 for assistance with behavioral health issues, armed police officers from OKCPD are typically the sole responders.

The Justice Department noted that behavioral health professionals would better address these situations, but the city rarely involves such professionals in the response.

As a result, they said crises are often escalated, and in some cases, unnecessary force is used.

The Justice Department said that during their investigation, the state and city have made efforts to improve services.

The report said the state has expanded its crisis system and released an updated Olmstead plan, while the city has announced plans to provide a behavioral health response to 911 calls and improve the OKCPD’s handling of such incidents.

Registration is open for a virtual community meeting on Jan. 7 at 6 p.m. Central time.

Response from state and city officials

Oklahoma City Police Chief Ron Bacy responded to the report with this statement:

“We will be thoroughly reviewing the DOJ’s report. In the meantime, the employees of the Oklahoma City Police Department will continue to work with our community partners to provide the best available resources to our residents.”

Oklahoma Attorney General Gentner Drummond responded with this statement, and said his office is representing the state of Oklahoma in the matter:

“While I strongly support reform of the mental health system, I am wary of yet another top-down approach in this 11th-hour report by the Biden Administration’s Department of Justice. We will closely review the findings, but the DOJ report appears to be an attempt to bully Oklahoma into compliance with ever-changing and undefined targets. Such federal overreach has been part and parcel with this White House.”

Oklahoma Governor Kevin Stitt released this statement in response to the report:

"This is another Biden administration overreach on their way out the door. Allie Friesen and her team are working hard to reform our mental health system, but they can't do that if they're burdened with heavy handed, out of touch mandates from the federal government."

The City of Oklahoma City released a statement in response to the DOJ's finding that reads:

"The City of Oklahoma City is reviewing the findings from a two-year investigation by the U.S. Department of Justice. The report was not shared with the City prior to its release and the process to analyze and consider its contents will take time. The City remains focused on providing the best services to its residents now and into the future."

Speaker-Elect Kyle Hilbert (R-Bristow) released this statement in reaction to Friday's U.S. Department of Justice report:

"With merely 17 days until Donald Trump moves back into the White House, this is a last-minute attack by the Biden administration. The fact is, we are already working collectively with our members, state agencies and service providers toward continual improvement in how Oklahomans with mental health challenges are served in our state. Oklahomans are far better equipped to make decisions on how to improve our mental health system than are bureaucrats in Washington."

Mark Nelson, President of the OKC Fraternal Order of Police said in a statement:

"Our officers routinely respond to all different types of calls -- robberies, burglaries, domestic violence situations, child abuse and mental health-related calls, among other things. They do so honorably and with a commitment to serving all members of the community equally and fairly.

We haven’t had an opportunity to fully review the DOJ’s report, and we will be able to comment further in the future. In the meantime, citizens can rest assured our officers will continue to respond in their time of need."

News 9 reached out to the Oklahoma Department of Mental Health and Substance Abuse Services which released this statement:

“Oklahoma continues to lead the way in mental health care, guided by evidence-based practices and national standards. Through programs like 988, statewide Certified Community Behavioral Health Clinics (CCBHCs), crisis stabilization centers (CSUs), transportation initiatives, and telehealth innovations, we are delivering high-quality, accessible care across our state.

While tragic stories exist, as in any health system, the DOJ focuses on a select few cases to overshadow what it acknowledges are the State's laudable efforts to build out its crisis system in recent years. We disagree with the report's adverse findings as well as the DOJ's subjective recommendations on how we should run our mental health system. As the report itself notes, the DOJ's recommended remedial measures are consistent with the priority areas the State already identified in the comprehensive 60-page action plan we previously provided to DOJ.

Our priority remains working with community partners to deliver the best care in the most appropriate settings. There is always room for improvement, and we are committed to continuous progress—not because of investigations, but because it’s the right thing to do. Mental health policy should be shaped by professionals, not litigation. We will be committed to protecting tax dollars for our most vulnerable.” – Commissioner Friesen

House Rep. Jason Lowe, (D-OKC), released the following statement:

“The recent findings by the United States Department of Justice on our state's treatment of those with behavioral health disabilities is quite upsetting, but not surprising,” Lowe said. “This past year, I hosted an interim study on mental health treatment in our state's jails, and we heard from several behavioral health experts and organizations affiliated with the criminal justice system. What was learned in that study was that Oklahoma severely lacks mental health resources and often defaults to incarceration of individuals in crisis, instead of connecting them with beneficial resources that could keep them in their communities. The DOJ investigation highlighted all of the deficiencies in our state's handling of those with behavioral health disabilities and showed how we as a state can improve our services. We must do better going forward.”

House Democratic Leader Cyndi Munson, D-Oklahoma City, released the following statement:

“Oklahoma, Oklahoma City, and the Oklahoma City Police Department should carefully review this report from the U.S. Department of Justice. These investigation results are extremely concerning and show a disregard for our most vulnerable Oklahomans as well as a disregard for federal law. 

“Law enforcement should be trained to properly handle situations involving people with behavioral health disabilities so we can set them up with the best opportunities for a successful future. The report also indicates with more sufficient community-based services in Oklahoma, we can stop placing unnecessary strain on psychiatric hospitals, residential care facilities, and nursing facilities and give those with behavioral health disabilities a chance to reintegrate into society instead of being regularly institutionalized as the current system allows. 

“It is disappointing to see the Governor use this investigation to push a political narrative instead of taking the feedback to improve the State of Oklahoma and the way we serve our people. All Oklahomans deserve the care and treatment they need, and it is my hope the Oklahoma Legislature can use this report to make necessary changes to a system that is evidently letting down those with behavioral health disabilities. The findings of this investigation indicate a significant threat to public safety, and they should be thoroughly reviewed and circumvented.”