NC disability rights group points to ‘misuse’ of involuntary commitment in report
Good morning and welcome to Under the Dome. I’m Caitlyn Yaede.
A disability rights group says a legal procedure used to administer psychiatric treatment is being misused in emergency departments across the state.
Patients can be held against their consent for treatment of mental health or substance abuse issues if a petition is filed and granted by a magistrate — a process that Disability Rights North Carolina says is overused and potentially traumatic.
The report, published this week, analyzes the lived experiences of patients in 10 emergency departments across the state over a year, and found the pervasive use of involuntary commitment for North Carolina children and adults.
DRNC reports 63% of petitions for involuntary commitments in the last six years did not result in commitment, meaning a majority of patients underwent examination and were deemed to not meet the criteria for commitment. The organization says this is evidence that such petitions are overused and misused — calling it “the easy button” for handling those in crisis. Instead, DRNC says involuntary commitment should be pursued as a last resort in the absence of alternative treatments.
The group contends that such petitions were misused — in some cases, to remove someone from a nursing home or assisted living facility or to exert control over a spouse or partner.
Involuntary commitment also can include drastic measures intended to keep hospital staff safe, like restraining patients.
DRNC also sees a lack of judicial oversight, saying some patients were denied due process while in emergency departments. Meanwhile, magistrates are not required to be lawyers in North Carolina and may lack specialized training on involuntary commitment petitions.
There are also gaps in how data about involuntary commitment is collected, according to DRNC. County clerks are required to submit information to the N.C. Administrative Office of the Courts about petitions, but some local offices did not file reports every month.
Read the full report from DRNC.
NCDOT UNVEILS PLAN FOR I-40 RECONSTRUCTION
Several miles of Interstate 40 in the Pigeon River Gorge were destroyed in flooding caused by Helene. Now, the state says it has plans to reconstruct and open the highway’s eastbound lanes.
These plans would require tons of stone, $1.3 billion and an estimated three years to complete.
The nearest commercial quarry to supply stone in such quantities is in Tennessee — 20 miles from the gorge.
But the N.C. Department of Transportation is making plans with the National Forest Service, the U.S. Army Corps of Engineers and the Federal Highway Administration to mine up to 3 million cubic yards of stone from Pisgah National Forest — a quicker and more cost-effective option.
The NCDOT predicts this section of I-40 eastbound will be open in 2028.
Richard Stradling has the full story.
RAW MILK DEBATE BUBBLES UP AT THE LEGISLATURE
Milk probably isn’t the first thing that comes to mind when thinking of controversial legislation. But this year, it’s stirring up debate at the North Carolina General Assembly.
Amid the rush leading up to the House’s full budget release, Senate lawmakers were working out whether to close what some describe as loopholes that let people access unpasteurized milk in the state.
One proposal added to the annual Farm Act by senators would have banned herd share agreements — arrangements that allow consumers to buy part of a dairy animal and, in turn, legally obtain its unpasteurized milk. Letting people drink raw milk has drawn concerns about health dangers, especially with the spread of avian flu. Republican Agriculture Commissioner Steve Troxler requested the restrictions, according to multiple news outlets.
But in early May, during a Senate Judiciary Committee meeting, Sen. Brent Jackson, a Sampson County Republican, removed that provision and instead added language to create a commission to study the facts surrounding raw milk, including its sale through herd shares.
“This is sort of trying to appraise the thousands of emails I’ve had, text messages, phone calls,” he said, as a packed committee room broke into cheers and loud applause.
Less popular with the group of raw milk enthusiasts was another amendment by Jackson that would repeal a law allowing raw milk sales as pet feed — another workaround.
After those changes, the bill passed through more committees and then was added to the Senate calendar for a vote. But it never made it there.The bill was pulled from the calendar and hasn’t been added back. Lawmakers aren’t expected to meet this week. Once they’re back, it remains to be seen who wins this round.
The Farm Act has also drawn scrutiny for new protections shielding pesticide companies from lawsuits.
Even if it passes in the Senate, the House might not agree with the raw milk changes. In early April, a bipartisan group of House members sponsored separate legislation — House Bill 609, also known as the “Option for Raw Milk Consumption” — which would legalize raw milk sales.
— Luciana Perez Uribe Guinassi
WHAT ELSE WE’RE WORKING ON
Raleigh’s proposed pay increases for law enforcement exceed those proposed by its neighbors, Anna Roman reports. The city’s $1.78 billion budget plan, set to be voted on next month, would bring an 11% raise for public safety personnel, and raises of either 9% or 11% for other city employees. This increase outpaces those proposed in Durham, Carrboro, Cary and Chapel Hill’s budgets, and puts the starting pay for police officers in Raleigh higher than it is in Winston-Salem, Fayetteville and Wilmington.
Charlotte-Mecklenburg Police Chief Johnny Jennings announced earlier this week that he plans to retire at the end of the year, ending more than 30 years with the department. The Charlotte Observer’s Jeff A. Chamer details Jennings’ $305,000 settlement with Charlotte’s City Council, including a copy of the separation agreement Jennings shared in an interview with The Charlotte Optimist and The Assembly.
WHAT ELSE WE’RE READING (AND WATCHING)
Morrisville-based company IEM International alleges the NC Department of Commerce “improperly” rejected its request to manage homebuilding in Western North Carolina following Hurricane Helene. The agency says IEM’s bid was “non-responsive” due to a lack of financial information, but the firm says it included “three years of audited financial data” in its application. The $81.5 million contract was instead awarded to Horne LLP, which managed rebuilding in Eastern North Carolina from 2019 to 2022. Galen Bacharier with NC Newsline has the story.
The News & Observer’s Dawn Vaughan joined Kelly McCullen on PBS’s State Lines late last week to talk about the House-approved budget plan. They’re joined by Rep. Allison Dahle, Sen. Amy Galey and the State Policy Network’s Brooke Medina.
Today’s newsletter was by Caitlyn Yaede and Luciana Perez Uribe Guinassi. Check your inbox tomorrow for more #ncpol.
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