Nurse says 48-hour law contributing to continued safety concerns at mental hospital

ANOKA COUNTY, Minn. (FOX 9) - A career in nursing is about more than just a paycheck for Alecia Roberts. 

"It was a long hard road, so it's something that is very dear to me."

After facing her own mental health struggles for many years, she feels a special connection to the patients she treats at the Anoka Metro Regional Treatment Center, the state's largest psychiatric hospital. 

"I always tell my patients, 'This is a road bump. This is something that is slowing you down, but you are going to get past it,'" said Roberts. 

But the important work she and her co-workers do every day has been overshadowed by concerns for their physical safety. Roberts claims staff members are being assaulted by patients there on a weekly basis, and we're not talking about just a slap or a kick.  

"One of the patients came out of their room behind him (a nurse) and was able to take one of the light switch plates off of the wall and basically lash him," said Roberts. 

Photos shared with FOX 9 show the aftermath of that attack which left a nurse with lacerations to the head and a broken wrist. It's not just workers being hurt. 

"We've seen things where patients come out of their rooms, dripping blood. They don't know what happened because they were in their room sleeping and they were violently attacked by other patients," said Roberts. 

If an incident is so bad it warrants a call to 911, Roberts says patients are often back at the facility by the end of the day.

"Yeah, they are going to be held accountable for their actions for a few hours, but then because of all these laws and stuff we have, they are going to come right back, and you have to work with that person again. It's a slap in the face," she said.

The law she's referring to is Minnesota's 48-hour rule, which mandates mental health patients accused of a crime be transferred out of jail and into a facility within two days of civil commitment. 

In 2016, the FOX 9 Investigators dug deep into the issue and found because of the rule, Anoka became almost a de-facto prison, creating a mix of the mentally ill and criminally dangerous. 

Right now, nearly every patient at Anoka was admitted there from jail. 

"We are taking in patients that come in with shackles with the Sheriff, and then they get in our sally port...they take the shackles off, and we walk down the hallway, inches from each other, like nothing happened," said Roberts. 

In 2019, the Department of Human Services and Anoka police mutually ended their contract to provide security services at the hospital. Police reserve officers were replaced by a safety support team specially trained to respond to incidents using patient-centered, de-escalation techniques. 

Roberts says the team in place now does a good job but is not adequately staffed. Without more bodies, nurses often feel like sitting ducks. 

"It's horrible and it's sad. We can't provide the care we really want to provide for these individuals," said Roberts. 

For its part, a DHS spokesperson claims they are adding 30 more full-time employees to the team, so two safety support members can be embedded on the hospital's six units. 

The agency also points to a downward trend in OSHA recordable injuries due to patient aggression at the hospital. An OSHA recordable injury is defined as when a staff member lost consciousness, broke a bone or required medical treatment beyond first aid. 

As of May 8, 2023, DHS records list 21 OSHA recordable injuries at Anoka so far this year, but Roberts says the actual number of attacks and injuries happening is far greater. 

One of the major problems she believes has to be addressed is in the pre-screening process that sends inmates to the facility in the first place. More staff and security support are also essential. 

"We signed up for this job, but we expect to be protected then in that same breath," said Roberts. 

Wade Brost, DHS executive director of Mental Health and Substance Abuse Treatment Services, sent FOX 9 the following statement: 

"Nothing is more important than providing a safe workplace for our staff and a safe, therapeutic treatment environment for our patients. Because we care for individuals with severe mental illnesses and challenging behaviors, we cannot eliminate all risk of patient aggression toward staff. But we take many steps to greatly reduce those risks. We work continuously to identify and address safety issues quickly. We’re dedicated to giving staff the training, tools and support they need. And when employees share safety concerns, we listen, take those concerns to heart, and make necessary adjustments."