RICHMOND, Va. -- Legislation inspired by a Henrico County man who died at Central State Hospital last March cleared its first hurdle at the Virginia General Assembly.
The House Committee for Courts of Justice Criminal Subcommittee unanimously approved HB 1242, also called Irvo's Law, on Monday following testimony from loved ones of the bill's namesake.
The bill aims to preserve a family member or caregiver's access to a loved one being treated at a health facility for a mental health crisis under an emergency custody order (ECO) or temporary detention order (TDO).
Irvo Otieno, a Henrico County man, was suffering from a mental health crisis in March 2023 and was taken to Parham Doctor's Hospital under an emergency custody order (ECO). He was eventually taken to Henrico jail, before being transferred to Central State Hospital where he died after being held on the ground for 12 minutes by Henrico County Sheriff's deputies and hospital staff.
Seven deputies and one Central State employee have been charged with second-degree murder in his death (charges against two hospital workers have been dropped) and are all set for individual trials later this year.
The legislation aims to address a problem Otieno's mother, Caroline Ouko, said she experienced at Parham Doctor's Hospital.
Ouko said when her son was taken to the hospital while in crisis in the past, she was able to go back to see him to help calm him down and be his advocate.
"However, on March 3, I was prevented from seeing Irvo. I literally pleaded to see my son -- asked several times, but was completely denied from doing so. I later learned that Irvo calling out for me," Ouko told the subcommittee while testifying in favor of the bill. "We were kept separate. This separation prevented me from advocating for my son. I believe that had I been able to see my son he would never have been taken from the hospital. Irvo would be alive today."
Otieno's death garnered national attention and Gov. Glenn Youngkin (R - Virginia) called for this legislation in December as part of his ongoing efforts to reform Virginia's mental health care system.
“The system failed you," Youngkin told Otieno's mother and brother at a news conference in December. “The system failed Irvo. And we’re going to work together to fix it.”
The legislation is being carried by Del. Rodney Willett (D - Henrico) in the House.
"This bill provides access to a family member or legal guardian for the individual undergoing an emergency customer custody order, ECO, or temporary detention order, TDO, assessment during a mental health crisis in a hospital, emergency department, or health care facility in which the individual is being evaluated, so long as the person's presence does not create a medical, clinical or safety risk," Willett explained. "This legislation is acknowledging the important role of family members or legal guardian and facilitating informed decision making and support during a mental health emergency, while also improving short term and long term mental health outcomes."
No one spoke in opposition to the bill and Willett said they have worked with the Youngkin administration, hospital systems, and Virginia State Police to craft legislation that struck balance between family access and safety.
"Requires the hospitals to involve family where it's medically appropriate. There can be certain situations where that's not going to work and there's still discretion left to the physicians, to the evaluators. They're in the facilities. But the impetus for the bill is to have families involved," said Willett. "It's tragic story…a situation that never should happen. And [Otieno's family is] here, I'm here, because looking forward, we wanted to save families the angst that they went through."
A companion bill in the Senate has yet to be heard.
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