Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 88 - PLACEMENT OF DEFENDANTS WHO LACK FITNESS TO PROCEED
Section 309-088-0125 - CMHP Consultations

Universal Citation: OR Admin Rules 309-088-0125

Current through Register Vol. 63, No. 12, December 1, 2024

(1) When ordered by the Court the CMHP Director must consult with the defendant and with any local entity that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released in the community, which includes tribal entities and the defendant's CCO, to determine whether appropriate Community Restoration Services are present and available in the community.

(2) If the CMHP Director determines that appropriate Community Restoration Services are not present and available in the community the Community Consultation must include information concerning the specific services necessary to safely allow the defendant to gain or regain Fitness to Proceed in the community and must specify the necessary services that are not present and available in the community.

(3) Community Consultations must occur through either an in-person meeting or video conference depending on the defendant's individual clinical needs.

(4) Within five Judicial Days of the Court issuing a Community Consultation order the CMHP Director must:

(a) Review available records related to defendant's medical or service needs;

(b) Consult with the defendant to assess whether appropriate Community Restoration Services are present and available in the community;

(c) Consult with any local agency that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released in the community;

(d) Submit to the Court and parties a findings report describing the outcome of the Community Consultation regarding whether appropriate Community Restoration Services are present and available in the community. The findings report must be completed using the "Consultation Report Template" available at http://www.oregon.gov/oha/OSH/LEGAL/Pages/information-mental-health-providers.aspx; and

(e) Submit copies of the findings report described in OAR 309-088-0125 to the Authority by emailing aidand.assistadmin@odhsoha.oregon.gov. When a defendant has been committed to the State Hospital copies must be submitted to both the Authority at aidand.assistadmin@odhsoha.oregon.gov and the State Hospital at CMHP.Consults@odhsoha.oregon.gov

(5) The CMHP Director must individually assess what services are appropriate for each defendant to gain or regain Fitness to Proceed. Lacking Fitness to Proceed does not automatically mean that Legal Skills Training is necessary to gain or regain Fitness to Proceed.

(6) If the CMHP Director determines that the Community Restoration Services that would mitigate any risk posed by the defendant are present and available in the community, the CMHP Director may file notice of the determination with the Court. If the CMHP Director files such a determination with the Court, the CMHP must utilize the standardized Community Consultation template available at http://www.oregon.gov/oha/OSH/LEGAL/Pages/information-mental-health-providers.aspx and titled "Consultation Report Template".

(7) The Community Consultation required in OAR 309-088-0125 must l be completed by a QMHP.

(8) Any CMHP that has not met one or more of the requirements in OAR 309-088-0125, OAR 309-088-0130, and OAR 309-088-0146 must submit a written plan of correction to the Authority within 7 Judicial Days of discovering that it has not met one or more of the requirements. Plans of corrections must:

(a) Identify the requirement(s) that was not met and the date, name of the corresponding defendant, Court of jurisdiction, and case number;

(b) Describe the reason(s) for not meeting the requirement(s;

(c) Describe the step(s) that the CMHP has taken to prevent recurrence, and describe the timeline and person responsible to complete future step(s) to prevent recurrence;

(d) Be signed and dated by the CMHP Director or designee; and

(e) Be submitted to the Authority by emailing it to aidand.assistadmin@odhsoha.oregon.gov.

Statutory/Other Authority: ORS 413.042, ORS 430.640 & SB 295 (2021)

Statutes/Other Implemented: ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370

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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