ST. THOMAS — Department of Health Commissioner Michelle Davis will be at the Superior Court here on Wednesday to explain why she shouldn’t be held in contempt of court for failure to carryout directives that the court issued to D.O.H. on December 23.
The development stems form a case last year that concluded with the court issuing an order granting a defendant’s motion for psychiatric evaluation, and referred the defendant, Malik Gabriele, to D.O.H. for examination and evaluation — which was to be completed on February 28, 2017.
Stating that D.O.H. is statutorily responsible for assisting prosecution, Judge Judge Denise M. Francois wrote, “The commissioner shall establish comprehensive and coordinated programs for the treatment of the mentally ill, alcoholics, intoxicated and drug dependent persons.” The order to show cause added, “The term “treatment” is expansive and includes a ‘broad range of emergency, outpatient, intermediate and inpatient services and care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons.’ Furthermore the Department of Health is directed to expend its funds in the execution of the foregoing statutory duties.”
The show cause order made known that although the deadline for the written evaluation had not yet passed, during a pretrial conference held on January 9, counsel for the defendant informed the court that she was told that D.O.H.’s Division of Mental Health does not have a psychiatrist on staff to perform examination and evaluation.
Asked about the order, D.O.H. Director of Public Relations Nykole Tyson told The Consortium, “the Department of Health won’t provide a comment until after the hearing on Wednesday.”
The judge’s order directs Ms. Davis to appear before the court on Wednesday at 10:00 a.m. at the Alexander A. Farrelly Justice Center.
Tags: department of health, Michelle Davis, us virgin islands
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