Report finds increasing waitlist for mental health treatment in jail despite court orders to improve

A recent report indicates troubling trends in mental health treatment for those in Oklahoma waitlists. Data from independent consultants revealed a concerning 58% increase in the number of individuals awaiting court-ordered mental health services in the past two months. The accumulation of 218 individuals awaiting care in county jails as of January 13, compared to 138 in November 2025, signifies the growing delays in the state’s mental health system.

The Department of Mental Health and Substance Abuse Services’ progress towards rectifying these issues, as mandated by a consent decree arising from a class action lawsuit, has been labeled as irregular and sluggish by consultants overseeing the agency. Initially filed in 2023, the lawsuit highlighted the substandard treatment of individuals with severe mental illnesses in the criminal justice system. Legal action was taken against the department due to prolonged waits in jail for competent restoration treatment, hindering defendants from partaking in court proceedings and aiding their legal defense accurately.

Moreover, the escalating numbers of individuals on the waitlist raise concerns about the sustainability of the mental health system’s capacity to meet demands. If left unchecked, the influx of individuals awaiting treatment threatens to surpass the waitlist’s original size when the consent decree was implemented. Consultants emphasized the urgent need for action to address these issues promptly.

Despite an agreement made by the state in March the previous year to reform the competency restoration system, consultants revealed discrepancies in the data cited by the agency, indicating a lack of precision in estimating the number of individuals seeking care. A call for an external auditor to certify the accuracy of the figures reported by the department has been reiterated by consultants, underlining persisting uncertainties regarding the validity of reported data.

Responding to the growing demands for mental health care, plans to establish improvement strategies and pilot programs to treat individuals within jails were outlined in the consent decree. However, the Department of Mental Health has reportedly failed to implement these plans effectively. The absence of a structured strategy to expedite treatment processes and enhance competency restoration measures has been highlighted as a significant infringement by consultants monitoring the agency’s compliance with the consent decree.

The department’s failure to meet the agreement’s stipulations, including developing pilot programs and required plans, has placed considerable strain on the mental health system. Substantial fines amounting to over $3.1 million have been imposed on the department since November for non-compliance with the agreed-upon changes. Consequently, it is essential for the Department of Mental Health to act promptly to address these discrepancies before they overpower the criminal justice system and further exacerbate the crisis facing individuals in dire need of mental health care.