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Judge strikes Department of Health's temporary restraining order against Daybreak Youth Services

In addition, Judge Indu Thomas also denied a motion to "shorten time" for a hearing on the DOH's motion for contempt against Daybreak.

SPOKANE, Wash. — Thurston County Superior Court Judge Indu Thomas ordered that the Washington State Department of Health's (DOH) temporary restraining order (TRO) against Daybreak Youth Services be stricken from the lawsuit.

According to a statement from Daybreak, the TRO was removed because "the court must hear from both sides prior to a decision" on the restraining order.

This news comes after the DOH suspended Daybreak's licenses when the facility failed to respond to allegations of staff misconduct. Now, the DOH argues that two Daybreak facilities are operating without a license, as both Spokane and Brush Prairie locations still have patients. Daybreak was reportedly given four days to submit a plan for moving or discharging patients.

In addition, Judge Thomas also denied the department's motion to "shorten time" for a hearing on the DOH's motion for contempt against Daybreak.

“These rulings are a massive blow to the Department of Health and the credibility of Assistant Attorney General Jack Bucknell," Daybreak’s attorney David H. Smith said in a statement. “It also signals a change in the trajectory of this litigation.” 

Daybreak says the judge scheduled a hearing for Friday, June 9 at 11 a.m. when all parties will be heard regarding evidence to support the Department of Health's restraining order.

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