York still fighting with state over committed man in jail

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By OSKAR GARCIA / The Associated Press

OMAHA, Neb. — York County officials were still battling with the state Tuesday over a man who remains in their jail even though he was committed to a state psychiatric hospital nearly two months ago.

Officials with the Nebraska Department of Health and Human Services have said there’s no room at the state-run Lincoln Regional Center, meaning they can’t yet fulfill a judge’s order to send 52-year-old Gilbert Hendricks there.

Charged with the attempted murders of his mother and sister, Hendricks was found not guilty by reason of insanity.

Now, the judge might order top state officials — including Gov. Dave Heineman and HHS CEO Christine Peterson — into court for an explanation if Hendricks doesn’t get out of jail soon.

“Somewhere in the chain of command, someone has the ability to comply with the judge’s order. That’s our theory,” public defender Eric Williams said Tuesday.

Scot Adams, director of the health department’s Division of Behavioral Health, said he expected the situation would be resolved in about a month.

Adams said the number of people waiting for court-ordered treatment by the state increased earlier this year when the state was ordered to revamp security at the Lincoln hospital or face losing national accreditation.

The state renovated the unit meant for court-ordered patients, temporarily displacing the people who were there and stalling those waiting to come in, Adams said. The unit reopened in February.

Tuesday, the backlog was down to nine or 10 people. Adams said he could not say where Hendricks was in line, citing privacy reasons.

Heineman spokeswoman Jen Rae Hein said the governor was aware of the situation, was monitoring it and wanted to see it resolved.

The bed crunch traces back to 2004, when the state’s mental health reform plan called for moving patients out of big hospitals and into community-based care. Since it was implemented, some local jurisdictions have complained that they have been stuck too long housing people who should be in state care.

Williams asked York County District Judge Alan Gless on Monday to order Heineman and others to show why they shouldn’t be held in contempt of court for failing to accommodate Hendricks.

Gless said he talked himself to HHS officials and a doctor at the Lincoln hospital and was told it would be at least three or four weeks before Hendricks could be moved, Williams said.

Gless said that if things haven’t progressed by then, he’ll order Heineman and others to be served, Williams said.

Meanwhile, an office manager in the public defender’s office said she was calling around to various hospitals to find a place for Hendricks.

Hendricks was ordered to the Lincoln hospital for evaluation and treatment in February, five months after Hendricks attacked his mother at her house.

Hendricks stabbed her and his sister before they could escape. His mother had serious cuts to the throat, chest and hands, while his sister had deep cuts on her arms.

Eventually they got out of the house and drove to a fire station for help.

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On the Net:

Nebraska Health and Human Services: http://www.hhs.state.ne.us/index.htm

York County: http://www.yorkcounty.ne.gov/