CLARK COUNTY, Wash. — Daybreak Youth Services is filing a lawsuit against the Washington State Department of Health just days after the DOH suspended its license.
DOH argues that two Daybreak facilities are operating without a license, as both Spokane and Brush Prarie locations still have patients. Daybreak was reportedly given four days to submit a plan for moving or discharging patients.
The suspension came after Daybreak failed to cooperate with DOH on public safety investigations, failed to make mandatory reports and failed to respond to allegations of staff misconduct.
In a statement, Daybreak's attorney David H. Smith said the DOH violated the facility's right to due process with the license suspension.
“They are causing irreparable harm to Daybreak's patients, their parents, and the organization itself," Smith said.
In addition, Daybreak says the issues the DOH highlighted regarding patient safety in its suspension were resolved in 2021 and 2022.
“This is a pretext that will never hold up in court, “Smith said. “Faced with losing on the merits of their case in the current litigation over Daybreak’s license, DOH has hoped for the kill shot.”
Daybreak says Washington state will lose "an indispensable suite of services that help some of Washington’s most vulnerable youth" if the suspension goes through. Daybreak also argues many of the children they serve are likely to end up "on the street, jail or in a morgue" if the suspension carries.
At this time, the DOH says it is working with other agencies to ensure all of Daybreak's patients have access to safe healthcare.
“Daybreak Youth Services has demonstrated continuous disregard for the law,” said Lacy M. Fehrenbach, MPH, Chief of Prevention. “Their refusal to cooperate with DOH investigations into serious allegations, and now their refusal to comply with the lawful suspension orders of two separate health law judges, are evidence Daybreak believes it can operate outside the law. DOH is committed to doing everything possible to protect the safety of all patients in both of those facilities."
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