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Plans for a 54-bed restoration and psychological well being middle for youth on the former Dawn Youth Providers constructing in Brush Prairie are nonetheless underway, regardless of a lawsuit filed by Dawn towards the state making its method by courtroom.
Dawn filed the lawsuit in September in Clark County Superior Court docket towards the Washington State Division of Commerce and its director, Mike Fong, arguing it shouldn’t be required to repay a portion of some state grants it beforehand obtained. The nonprofit claims that the rationale it failed to satisfy the grants’ 10-year requirement was as a result of the state well being division pressured the ability to close down.
“Despite Daybreak’s vigorous objections, it was forced to close its Brush Prairie facility by the Thurston County orders requested by (Department of Health),” based on the lawsuit.
The now-closed facility supplied assets to stabilize youth who had extreme psychological sickness and substance use circumstances. In June 2023, each its Brush Prairie and Spokane amenities closed after the state well being division revoked the nonprofit’s license. The well being division stated workers at each amenities didn’t cooperate with investigations since March 2022 into a number of allegations of worker misconduct with teenage sufferers.
A listening to is scheduled later this month in Thurston County Superior Court docket, the place the lawsuit was transferred earlier this yr, to set a trial date.
A Commerce spokeswoman declined to touch upon the lawsuit, citing the pending litigation. In keeping with the spokeswoman, the Brush Prairie property is now owned by the state and leased to Tigard, Ore.-based Madrona Restoration by way of the Division of Enterprise Providers. Madrona Restoration is within the means of planning for enhancements to the constructing earlier than it’s operational.
Madrona Restoration didn’t reply to The Columbian’s request for remark.
Lawsuit
In April 2024, Reps. Stephanie McClintock, R-Vancouver, and Greg Cheney, R-Battle Floor, who’re each from the 18th Legislative District, helped safe funding for Madrona Restoration to buy the Brush Prairie facility.
The Madrona Restoration mannequin is a residential, short-term program for youth fighting behavioral well being and substance use points. Madrona Restoration’s operation of the Brush Prairie property is partially funded by $16.2 million put aside in Washington’s 2024-2025 supplemental capital finances.
“To avoid bankruptcy filing, Daybreak’s board determined it should sell the Brush Prairie facility, which was independently valued at $15,000,000,” based on the lawsuit.
The sale required the Division of Commerce’s approval, and on April 12, 2024, Dawn wrote to the director formally requesting the sale to Madrona Restoration, based on the lawsuit. Fong didn’t reply to the April letter, and Dawn despatched a follow-up in June.
The request for state funding required Dawn and Madrona Restoration to increase their cut-off date a number of occasions, based on the lawsuit.
The legislative seizure additionally required Madrona Restoration and the Washington State Division of Enterprise Providers to enter right into a long-term lease settlement for the Brush Prairie facility. Madrona Restoration, Dawn and the state division entered into an settlement in July.
Fong responded to the letters June 24, approving the sale to Madrona Restoration. However he stated that Commerce wouldn’t waive the recapture provisions or Dawn’s compensation obligations famous in its contract. A recapture provision is a payback of advantages or grants.
Constancy Nationwide Title Firm of Washington is dealing with closing of the Dawn property sale. The Division of Commerce is requesting greater than $5.9 million as recapture of the grants.
In keeping with the lawsuit, Dawn alleges Commerce’s recapture request is unjust as a result of it disregards that Dawn was pressured to shut its Brush Prairie facility as a result of Thurston County orders, that are being appealed.
The requested quantity of $5,995,633.40 would exceed the unique grant by $1,545,633.40, with out crediting Dawn for its years of operation, based on the lawsuit. If Dawn prevails in its enchantment, the Thurston County orders shall be vacated, and the ability would have continued working as supposed below the grant.
“The actions of DOH and the Thurston County Superior Court are the sole reason Daybreak was unable to operate the Brush Prairie facility for the full 10-year period provided in the grants,” based on the lawsuit.
