Current through Register Vol. 63, No. 9, September 1, 2024
(1) Outpatient
commitment. At the time of the civil commitment hearing the director may place
a person under civil commitment on an outpatient commitment if adequate
treatment services are available in the county. The director shall be
responsible for:
(a) Enrolling the person
under civil commitment in treatment services and assuring that the person has
an opportunity to participate in the development of the treatment
plan;
(b) Distributing the
conditions of placement as pursuant to ORS
426.278 and OAR
309-033-0280 below;
(c) Monitoring and documenting the provision
and consumption of services which fulfill the conditions set for the outpatient
commitment;
(d) Petitioning the
court for a revocation hearing if the best interests of the person under civil
commitment require a modification in the conditions of placement for a
treatment option which is more restrictive;
(e) With the participation of the person
under civil commitment, changing the conditions to less restrictive conditions,
if appropriate; and
(f) Documenting
in the clinical record any conditions of placement requiring modification by
means of a report which:
(A) Documents the
need for a change in the conditions of outpatient commitment;
(B) Sets new conditions of civil
commitment;
(C) Describes the
reasons for the new conditions;
(D)
Is signed by the person under civil commitment and the mental health
professional assigned to the case. If the person under civil commitment will
not sign or is otherwise unable to sign the new conditions of placement, such
fact shall be documented in the report; and
(E) Documents that a copy of the changes with
the reasons for the changes was distributed to appropriate persons described in
ORS 426.278 and OAR
309-033-0280.
(2) Trial visit. A director may, upon
approval of the director of the county of placement, grant a trial visit to any
person under civil commitment during a period of community inpatient treatment.
While it may be clinically advisable, the director is not required to obtain
the consent or signature of the committed person:
(a) Trial visit of a person under civil
commitment shall not exceed the time remaining in the period of civil
commitment;
(b) Conditions for
trial visit shall include designation of a facility, hospital, program,
service, or other provider to provide care or treatment;
(c) The director shall place the person on
trial visit in accordance with OAR
309-033-0290;
(d) The director shall evaluate any
complaints received from any person concerning the behavior or treatment of a
person on trial visit. The director shall document the results of the
evaluation in the clinical record;
(e) Modification of the conditions of trial
visit. The director may modify the conditions of placement for trial visit:
(A) Any modification shall not include a
treatment option which is more restrictive than the current conditions of
placement;
(B) The director shall
petition the court for a revocation hearing if the best interests of the person
under civil commitment require a modification in the conditions of placement
for a treatment option which is more restrictive;
(C) The director shall document in the
clinical record any conditions of placement requiring modification by means of
a report which:
(i) Documents the need for a
change in the conditions of the trial visit;
(ii) Sets new conditions of the trial
visit;
(iii) Describes the reasons
for the new conditions;
(iv) Is
signed by the person under civil commitment and the mental health professional
assigned to the case, or, if the person under civil commitment will not sign
the new conditions of placement or is otherwise unable to sign, such fact shall
be documented in the clinical record; and
(v) Documents that a copy of the changes and
the reasons for the changes was distributed to appropriate persons provided
under ORS 426.278 and OAR
309-033-0280.
(f) Transfer of trial visit to another
county. The director may transfer a person on trial visit to another county
only if the director for the county where the person will reside agrees to
accept the trial visit:
(A) The director of
the county where the person currently resides shall provide the director of the
county where the person will reside a copy of the current treatment plan for
the person on trial visit;
(B)
Immediately upon accepting the trial visit the director of the county where the
person will reside shall enroll the person on trial visit in treatment services
and shall make any modifications to the trial visit conditions as necessary and
distribute the modified conditions of placement as required under OAR
309-033-0280.
(3) Distribution of the conditions of
placement. When a person under civil commitment is placed on conditional
release, outpatient commitment, or trial visit, or when the conditions of
placement are modified in any manner, the current conditions of placement shall
be distributed by the director to the following persons, pursuant to ORS
426.278:
(a) The person under civil
commitment;
(b) The director of the
county in which the person under civil commitment is to receive hospital,
nonhospital, or outpatient treatment;
(c) The administrator of any facility,
hospital, program, service, or other provider designated to provide care or
treatment;
(d) The current court of
commitment; and
(e) The appropriate
court of the county in which the person under civil commitment lives during the
civil commitment period if the person is living in a different county than the
county of the court that made the current civil commitment.
Statutory/Other Authority: ORS
413.042,
426.127,
426.273 &
426.278
Statutes/Other Implemented: ORS
426.005 -
426.395