Current through Register Vol. 63, No. 9, September 1, 2024
(1) Transfers
between classes of facilities. The director may transfer a person under civil
commitment from one class of facility to another in the same class or in a less
restrictive class as provided by ORS
426.060. However, the director
shall transfer a person under civil commitment who has voluntarily agreed to
placement at the facility only with the written consent of the person. The
director shall transfer persons under civil commitment as provided by OAR
309-033-0400 through
309-033-0440 and OAR
309-033-0290. The director shall
modify the conditions of trial visit to reflect the change of placement and
shall notify the following persons of the transfer:
(a) The person under civil
commitment;
(b) The court in the
county where the person was civilly committed;
(c) The court in the county where the person
is to be placed;
(d) The director
in the county where the person is to reside;
(e) The administrator of the facility
designated to provide care or treatment; and
(f) Any other provider designated to provide
care or treatment.
(2)
Transfers restricted by rule. The director may transfer a person under civil
commitment from a facility of one class to another facility of a same class or
lower class by:
(a) Placing the person under
civil commitment at the new facility; and
(b) Modifying the person's civil commitment
status as follows:
(A) Persons transferred to
a Class 2 or Class 3 facility. When the director transfers a person under civil
commitment to a Class 2 or Class 3 facility, the director shall place the
person on trial visit (see OAR
309-033-0290);
(B) Transfers between Class 1 hospitals or
facilities. The director shall transfer a person between Class 1 hospitals or
facilities without placing the person on trial visit; or
(C) Transfer to any facility and discharged
from civil commitment. When the director determines a person under civil
commitment is no longer a person with mental illness as defined by ORS
426.005, or the person agrees to
voluntary treatment and does so in good faith, the director of the county of
placement shall discharge the person from civil commitment pursuant to OAR
309-033-0330 and enroll the
person in services voluntarily at the receiving
facility.
(3)
Transfers from a facility of one class to a facility of a more restrictive
class:
(a) Involuntary transfers of persons
under civil commitment. The director shall transfer a person who is on trial
visit to a facility of a more restrictive class only:
(A) By order of the court after a hearing,
pursuant to ORS 426.275; or
(B) Initiate involuntary procedures as
provided in OAR 309-033-0300(3)(c)
and as provided by ORS
426.233.
(b) Voluntary transfers of persons on trial
visit. The director may transfer a person who is on trial visit to a facility
of a more restrictive class with the person's consent. However, if the person
revokes his/her consent to the current more restrictive placement and requests
to be placed at another facility of a less restrictive class, as soon as
reasonably possible the director shall:
(A)
Transfer the person to a facility where the person consents to receive
services; or
(B) Initiate
involuntary procedures as provided in this paragraph and by ORS
426.233.
(c) Emergency transfers of persons on trial
visit. As provided by ORS
426.233, the director may
transfer a person who is on trial visit to a hospital or nonhospital facility
approved by the Division when the director has probable cause to believe the
person is dangerous to self or others or unable to provide for basic personal
needs and is not receiving the care that is necessary for health and safety,
and is in need of care, custody or treatment for mental illness. Upon the
recommendation of the investigator, the director shall request the court to
revoke the person's trial visit or recertify the person for continued civil
commitment at a more restrictive facility as provided by ORS
426.275.
(4) Authority to retake persons. A Class 1 or
Class 2 facility shall immediately notify a peace officer and the Division of
any person who has left the facility without lawful authority and shall
immediately request the assistance of a peace officer(s) in retaking and
returning the person to a Division-approved hospital or facility. The director
shall show the peace officer a copy of the order of civil commitment.
Statutory/Other Authority: ORS
413.042,
426.060,
426.223,
426.233,
426.273,
426.275 &
426.278
Statutes/Other Implemented: ORS
426.005 -
426.395
