Current through Register Vol. 63, No. 9, September 1, 2024
(1) Placement
authority. The Authority, pursuant to ORS
426.060, delegates the
responsibility for the placement of a person under civil commitment to the
director of the county of commitment:
(a) The
director, in consultation with the appropriate administrator, may place or
transfer placement of a person under civil commitment to any facility or
program approved by the Authority which, in the opinion of the director, will
appropriately meet the mental health needs of the person under civil commitment
and is consistent with applicable rules and statutes;
(b) Pursuant to ORS
426.300, the director may
discharge a person from civil commitment by notifying, in writing, the court
having jurisdiction, when voluntary status is in the best interest of the
person, or if the director determines the person is no longer a person with
mental illness defined by ORS
426.005;
(c) Placement outside the county of
residence. The director of the county of commitment may place the person under
civil commitment at a facility in a county other than the county of residence
or county of commitment if the director determines that such placement is in
the best interest of the person under civil commitment;
(d) Placement at a state hospital. The
director of the county of commitment shall only place a person under civil
commitment in a state hospital with the consent of the
superintendent.
(2)
Placement procedure. The director of the county of commitment shall make the
initial placement in writing immediately upon the civil commitment of a person
by the court or at the time the person under civil commitment is transferred to
another placement during the civil commitment period. The director shall:
(a) Retain an original placement order on
file, in paper or electronic, in safe keeping for seven years;
(b) Deliver a signed original copy, paper or
electronic, of the placement order to the person under civil commitment prior
to placement;
(c) Enter into the
Division's current electronic data systems a copy of the director's written
placement order, and information about the person under civil commitment
including:
(A) Name and any known
aliases;
(B) Date of
birth;
(C) Residential address or
description of physical location if there is no residential address;
(D) Address of the facility, hospital,, or
program where the person is placed for treatment, if different from
residence;
(E) Name and telephone
number of the administrator of the hospital, facility, or program providing the
person's treatment; and
(F) Any
other data as requested by the Division.
(d) Should the Division's current electronic
data system(s) be unavailable to upload and communicate the written placement
order, within three business days the director shall submit a copy of the
placement order to the Division by email at
civil.commitment@odhsoha.oregon.gov;
(e) Petition for transfer of jurisdiction
when placement is outside the county of commitment. The director of the
transferring county of commitment shall petition its court to transfer
jurisdiction to the court in the county where the person is to reside, pursuant
to ORS 426.275.
(3) Appeal of placement procedure. At any
time during the period of civil commitment, a person under civil commitment may
appeal to the Authority for a change in placement made by a director. The
Division shall, in addition to the person under civil commitment, accept
completed and submitted appeals from advocates; a person's legal
representation, authorized healthcare representatives; a person's social worker
or caseworker; and others who submit the appeal on behalf of the person under
civil commitment and with the person's documented consent.
(a) How to make an appeal. The person under
civil commitment shall make the appeal in writing and shall include the
following information in the appeal:
(A) A
statement that the person under civil commitment appeals the current
placement;
(B) The reason(s) the
person under civil commitment believes the current placement is inappropriate;
and
(C) The proposed alternate
placement and the reasons the person under civil commitment is requesting the
alternate placement.
(b)
Appeal of a placement. When an appeal to a placement has been made, the
Authority shall determine the placement for the person under civil commitment
and notify the person under civil commitment of the placement decision, in
writing or verbally, within five judicial days of the receipt of the written
appeal. The Authority's determination shall be final:
(A) In determining an appealed placement, the
Authority:
(i) Shall review the written
appeal;
(ii) Shall contact the
director making the placement, and consider the director's reason(s) for making
the placement;
(iii) Shall consider
the opinion of the person's treating licensed independent practitioner
(LIP);
(iv) May require the
director to submit a written statement which gives the reason(s) for the
placement;
(v) May consider the
consultation or opinion of any person that the Authority believes has knowledge
relevant to the case; and
(vi)
Shall consider whether the person has been accepted at the person's preferred
placement.
(B) The
Authority shall consider the following criteria in making a determination of an
appealed placement:
(i) The best interests of
the person under civil commitment;
(ii) The safety of the person and the
community; and
(iii) The
availability of the least restrictive, most integrated setting depending on
available resources.
Statutory/Other Authority: ORS
413.042 &
426.060
Statutes/Other Implemented: ORS
426.005 -
426.395
