Current through Register Vol. 63, No. 9, September 1, 2024
(1) Goals. The
goals of the Division in implementing these civil commitment standards are:
(a) To promote the well-being of persons
alleged to have a mental illness and those who are a person with mental illness
during involuntary care, custody and treatment of mental illness pursuant to
ORS Chapter 426;
(b) To promote the
protection of the civil rights of each person who is a person alleged to have
amental illness and who is a person with mental illness;
(c) To encourage consistent application of
ORS Chapter 426 as it specifically pertains to each of the following groups:
(A) Persons alleged to have a mental illness;
and
(B) Persons with a mental
illness.
(d) To encourage
the provision of care, custody and treatment of persons in the least
restrictive environment that currently is available within existing
resources;
(e) To encourage
voluntary enrollment of persons in available mental health services in lieu of
pursuing involuntary treatment through civil commitment, whenever
possible;
(f) To encourage that the
director monitors the commitment process in their county, is knowledgeable of
the statutes and administrative rules pertaining to civil commitment, provides
leadership so that persons being held are afforded their civil rights and are
treated with dignity in the implementation of ORS Chapter 426;
(g) To provide for the safety of the
community when threatened by a person who is dangerous to others as a result of
mental illness.
(2)
State's interest. The state's interest is to establish sufficient facts for the
court to make a decision that is consistent with the intent of ORS Chapter
426.
(3) Declaration for mental
health treatment. The director shall establish procedure and policy which
assures that every person who may become incapacitated by mental illness and
unable to consent to treatment is educated about the Declaration for Mental
Health Treatment at the time of admission or at the time of discharge from a
hospital.
