Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 33 - CIVIL COMMITMENT PROCEEDINGS
Section 309-033-0310 - Recertification for Continued Civil Commitment
Universal Citation: OR Admin Rules 309-033-0310
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Recertification for continued civil commitment of persons placed in a state hospital:
(a) After consulting with the director of the
person's county of residence, the superintendent shall issue a recertification
to:
(A) The person whose 180-day period of
civil commitment is due to expire, if the person is still a person with mental
illness as defined by ORS
426.005 and is in need of
further treatment; and
(B) The
director.
(b) The
superintendent shall notify the court concerning:
(A) The date the recertification was issued
to the person; and
(B) Whether the
person, within 14 days of the issuance of the recertification, protests to
continued civil commitment.
(2) Recertification for continued civil commitment of persons placed in a community hospital or nonhospital facility:
(a) After consulting with the director of the
person's county of residence, the director shall issue a recertification to:
(A) The person whose 180-day period of civil
commitment is due to expire, if the person is still a person with mental
illness and in need of further treatment; and
(B) The director of the person's county of
residence.
(b) The
director shall notify the court concerning:
(A) The date recertification was issued to
the person; and
(B) Whether the
person, within 14 days of the issuance of the recertification, protests
continued civil commitment.
(3) Documentation of recertification for continued civil commitment in the clinical record. The director or the superintendent making the recertification shall include in the clinical record:
(a) The date and time the director's approval
of continued civil commitment was obtained prior to the recertification being
issued to the person;
(b) The date
and time the recertification was issued to the person;
(c) A copy of the recertification issued to
the person;
(d) Concerning the
notification to the court of the date the recertification was issued to the
person:
(A) The date and time that the court
was notified of the issuance of the recertification to the person;
and
(B) A copy of the
notification.
(e)
Concerning the notification to the court of whether the person, within 14 days
of the issuance of the recertification, protests continued civil commitment:
(A) The date and time that the court was
notified of whether the person protests; and
(B) A copy of the notification to the court
whether the person protests.
(f) If an examination is requested by the
person:
(A) The name of the psychiatrist or
the certified mental health examiner ordered by the court to conduct the
examination;
(B) The date that the
examination was conducted; and
(C)
A copy of the examination report sent to the court.
(g) If the court orders continued civil
commitment, a copy of the order continuing the civil commitment; and
(h) If the court orders the release of the
person:
(A) A copy of the order requiring
release;
(B) If the person consents
to services upon discharge, a copy of an aftercare plan signed by the person
and the name of the case manager responsible for arranging outpatient services;
or
(C) If the person refuses
services upon discharge, a statement signed by the person indicating the
person's refusal of outpatient services; and
(D) The date and time the person was released
from the facility.
Statutory/Other Authority: ORS 413.042, 426.301 & 426.307
Statutes/Other Implemented: ORS 426.005 - 426.395
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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