Youngkin pledges to seek mental health legislation in honor of Irvo Otieno

Virginia families would have the right to be near a relative who is having a medical, mental health or substance-use emergency, and that person could be given previously prescribed medications, under legislation Republican Gov. Glenn Youngkin said Thursday he’ll pursue in the coming year.

Younkin said the proposed reforms would honor Irvo Otieno, a 28-year-old Black man whose death in March while in custody at a state mental hospital sparked outrage and led to both legal charges and a wrongful death settlement.

Otieno was initially taken to a hospital for treatment in March amid a mental health episode. But he was later taken to jail after police said he "became physically assaultive toward officers," and from there was transported to a state mental hospital south of Richmond.

Otieno’s family and their attorneys have said that while Otieno was in the first hospital, his mother was prevented from seeing him. And they have said that while Otieno was in jail — where they argue he never should have been taken — he was for days denied access to needed medications. 

"The system failed you," Youngkin told Otieno’s mother and brother, who attended the event. "The system failed Irvo. And we’re going to work together to fix it."

Related

Family of Irvo Otieno agrees to $8.5M settlement after Virginia psychiatric hospital restraint tragedy

The family of a man who died while handcuffed and pinned to the floor for about 11 minutes as he was being admitted to a Virginia psychiatric hospital has reached an $8.5 million settlement with the state and the county and sheriff whose deputies were involved in restraining him.

Youngkin outlined that legislation — which he said he thought would pass unanimously — and other mental health-related priorities for next year’s legislative session in a speech in Richmond. A year ago, the governor rolled out a plan he calls "Right Help, Right Now" intended to overhaul the state’s mental health care system, in part by expanding crisis services and tackling substance abuse challenges.

Otieno’s mother, Caroline Ouko, and his brother, Leon Ochieng, said in an interview Thursday that they welcomed the governor’s push for the legislation, as well as his focus on improving mental health care services.

"If Irvo’s mental crisis was taken seriously, you know, treated as such, I would not be having an empty chair at the Christmas table," his mother said.

Related

Surveillance footage released after deputies charged in Irvo Otieno's death

The video shows a group of sheriff’s deputies and employees at a Virginia mental hospital pinning Irvo Otieno to the floor until he was motionless and limp as they tried to resuscitate him.

Ochieng said the family plans to celebrate what would have been Otieno’s 29th birthday on Sunday.

Youngkin also pledged in his speech to push for legislation that would ban TikTok for users under 18. Dozens of other states have taken steps to ban or otherwise limit TikTok, including Montana, where a first-in-the-nation law banning the video-sharing app has met a legal challenge.

The governor also said he would push for legislation intended to otherwise protect children and their data privacy online, by banning targeted advertising to minors and requiring verifiable parental consent for children to establish a social media profile.

Youngkin will need to build support for his priorities among Democrats, who will have narrow majorities in both General Assembly chambers come January.

The Associated Press contributed to this report.