Current through Register Vol. 63, No. 9, September 1, 2024
(1) Criteria for
placement into custody. Only persons who are a danger to self or others and who
are in need of treatment for mental illness shall be placed in custody at a
facility approved by the Division.
(2) Warrant of detention.
(a) Upon the receipt of a warrant of
detention issued by the court pursuant to ORS
426.070, the director or the
sheriff of the county shall take the person into custody and remove the person
to a community hospital or nonhospital facility that is licensed under ORS
Chapter 441, other than an institution listed in ORS
426.010. Whoever takes the
person into custody shall inform the person of their rights with regard to
representation by or appointment of counsel as described in ORS
426.100 and be given the warning
described under ORS 426.123 and OAR
309-033-0540. The director of
the community hospital or nonhospital facility may refuse to detain the
individual if a Licensed Independent Practitioner (LIP), after reviewing the
documents accompanying the individual, is not satisfied that an emergency
exists or that the individual is dangerous to self or others and in need of
immediate care, custody or treatment for mental illness.
(b) In cases where the state hospital
initiated the civil commitment proceeding and the patient is already at the
state hospital, the patient shall remain at the state hospital upon the receipt
of the warrant of detention.
(3) Hospital hold. Only a LIP with admitting
privileges or on staff at a hospital approved by the Division and who has
completed a face-to-face examination of the person may retain the person in
custody in the hospital as provided by ORS
426.232. When implementing a
hospital hold, the LIP shall document the following information on the Notice
of Mental Illness (NMI), retaining a copy of the NMI in the clinical record:
(a) Examples of indicators that support the
LIP's belief that the person is a person with mental illness;
(b) Examples of thoughts, plans, means,
actions, history of dangerousness, or other indicators that support the LIP's
belief that the person is imminently dangerous.
(4) Peace officer custody requested by
director. This section establishes standards and procedures for a director to
direct a peace officer to take into custody a person who the director has
probable cause to believe is dangerous to self or any other person and who the
director has probable cause to believe is in need of immediate care, custody or
treatment for mental illness:
(a) A county
governing body may authorize the director, or a person named and recommended by
the director, to direct a peace officer or approved secure transport provider
to take alleged persons with mental illness into custody. Such an authorization
shall be made formally and in writing by the county governing body of the
director. The director shall keep a copy of each authorization in each person's
personnel file;
(b) Prior to
directing a peace officer or approved secure transport provider to take a
person into custody, a director shall have face-to-face contact with the person
and document on forms approved by the Division, the evidence for probable cause
to believe that the person is:
(A) Dangerous
to self or others; and
(B) In need
of immediate care, custody or treatment for a mental illness.
(5) When a person in
custody can be released. A person who is detained, in custody, or on a hold
shall be released as described:
(a) LIP's
release of a person on peace officer custody. When a person is brought to a
hospital by a peace officer or approved secure transport provider pursuant to
ORS 426.228 the treating LIP shall
release the person if, upon initial examination prior to admission, the LIP
makes the determination that the person is not dangerous to self or others. It
is not necessary to notify the court of the release;
(b) LIP's release of a person on transport
custody. At any time during the 12-hour detention period, the treating LIP
shall release a person detained pursuant to ORS
426.231 if the LIP makes the
determination that the person is not dangerous to self or others. In no case
shall a LIP involuntarily detain a person at a hospital approved solely for
Transport Custody under OAR
309-033-0550 longer than 12
hours. It is not necessary to notify the court of the release;
(c) LIP's release of a person on a hospital
hold. The treating LIP shall release a person retained or admitted to a
hospital pursuant to ORS
426.232 whenever the LIP makes
the determination that the person is not dangerous to self or others. The
treating LIP shall immediately notify the director and the circuit court where
the NMI was filed. See OAR
309-033-0240; or
(d) Director's release of a person on a
nonhospital hold. The director shall release a person detained in a nonhospital
facility, approved under OAR
309-033-0530, pursuant to ORS
426.233, whenever the director,
in consultation with a LIP, makes the determination that the person is not
dangerous to self or others. The director shall immediately notify the circuit
court.
(6) When a person
in custody cannot be released. Once the person is admitted to a hospital or
nonhospital facility, a person taken into custody pursuant to ORS
426.070, may only be released by
the court. However, a person may be discharged from a hospital or nonhospital
facility when the person is transferred to another approved facility.
Statutory/Other Authority: ORS
413.042,
426.070,
426.231,
426.232,
426.233 &
426.234
Statutes/Other Implemented: ORS
426.005 -
426.395
