Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 33 - CIVIL COMMITMENT PROCEEDINGS
Section 309-033-0930 - Investigation of Persons Alleged to Have a Mental Illness
Universal Citation: OR Admin Rules 309-033-0930
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Initiation and timelines for investigation. Upon receipt of a Notice of Mental Illness (NMI) the Community Mental Health Program (CMHP) shall conduct an investigation of the person to determine probable cause for mental disorder. The person conducting the investigation shall not be the same as the person filing the NMI.
(a) Investigation of NMIs by two
persons, a county health officer, or a magistrate. At a minimum, if the person
can be located, the investigator must contact the person by telephone within
three judicial days of the receipt of the NMI by the director:
(A) The investigator shall complete an
investigation and submit an investigation report to the circuit court within 15
days of the director's receipt of the NMI;
(B) The investigator may request an extension
from the court if a treatment option less-restrictive than involuntary
inpatient commitment is actively being pursued or if the person cannot be
located.
(b)
Investigation of persons in custody. The investigator shall investigate persons
in custody in an approved hospital under ORS
426.232 or 426.033 as soon as
reasonably possible but no later than one judicial day after the initiation of
the detention and 24-hours prior to the hearing. Whenever feasible, the
investigator shall:
(A) Make face-to-face
contact with the person within 24 hours of admission to a hospital or
nonhospital facility, including weekends; and
(B) Meet with the person one additional time
prior to making a recommendation for the court to hold a commitment
hearing.
(2) Procedures for the investigation. Only certified mental health investigators, senior mental health investigators or mental health investigator residents shall conduct an investigation of a person.
(a) While conducting an investigation, the
investigator shall:
(A) Present photo
identification, authorized and provided by the county mental health authority,
to the person; and
(B) Explain the
reason for the investigation orally and, if doing so would not endanger the
investigator, in writing.
(b) Information from relatives. The
investigator shall solicit information about the person from person's parents
and relatives, whenever feasible.
(c) Information from the Nine Federally
Recognized Tribes of Oregon. When the person is identified as an enrolled
member of a federally recognized tribe in Oregon, the investigator shall
solicit information from that tribe, whenever feasible.
(d) Disclosure of names. The investigator
shall disclose the names of the persons filing the NMI to the person alleged to
have a mental illness except when, in the opinion of the investigator,
disclosure will jeopardize the safety of the persons filing the NMI. The
investigator may withhold any information that is used in the investigation
report, only until the investigation report is delivered to the court and
others as required under ORS
426.074. The investigator may
withhold any information that is not included in the investigation report if
the investigator determines that release of the information would constitute a
clear and immediate danger to any person (see ORS
426.370).
(e) Encourage voluntary services. The
director shall attempt, as appropriate, to voluntarily enroll in the least
restrictive community mental health services a person for whom an NMI has been
filed.
(f) Clinical record
required. The director shall maintain a clinical record for every person
investigated under this rule. The clinical record shall document to the extent
possible the following:
(A) A brief summary of
the events leading to the filing of an NMI, the circumstances and events
surrounding the interview of the person and the investigator's attempts to
engage the person in voluntary mental health services;
(B) Identifying information about the
person;
(C) A copy of the
NMI;
(D) A copy of the
investigation report submitted to the court;
(E) Names, addresses and telephone numbers of
family, friends, relatives, or other persons who the investigator interviewed
for pertinent information. This list shall include the names of the persons
filing the NMI with the director; and
(F) Summary of the disposition of the
case.
(g) Coordination of
services. In the event the person is released or agrees to voluntary treatment,
the investigator shall coordinate with the CMHP for the purpose of referral and
offering voluntary treatment services to the person as soon as reasonably
possible.
(3) Access to clinical records. The investigator shall have access to clinical records of the person being investigated as follows:
(a)
When the person is in custody. The investigator shall have access only to
clinical records compiled during the hold period. Without valid consent, the
investigator shall not have access to clinical records compiled as part of
treatment that is provided to the person at any time outside the hold period
except as provided by OAR
309-033-0930(3)(b).
(b) When the person investigated is eligible
for commitment pursuant to ORS
426.074. The investigator shall
have access to any clinical record necessary to verify the existence of the
criteria which make the person eligible for commitment pursuant to ORS
426.074.
Statutory/Other Authority: ORS 413.042 & 426.060 - 426.500
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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