Current through Register Vol. 63, No. 9, September 1, 2024
(1) Within 7 Judicial Days of receiving
notice from the State Hospital that a defendant has been admitted to the State
Hospital under ORS 161.370, the CMHP Director must notify the State Hospital of
the name and contact information of the person designated to work with the
State Hospital on behalf of the CMHP Director regarding the
defendant.
(2) The person
designated as required in OAR 309-088-0130 must be the CMHP point of contact
for the State Hospital until the State Hospital is informed by the CMHP of a
newly designated person.
(3) The
CMHP Director is responsible for Community Transition Planning and Forensic
Care Coordination while an individual is in commitment until the defendant is
returned to their county of responsibility or county of residence and the Court
has terminated commitment. Community Transition Planning must include:
(a) An in-person meeting, phone call, or
video conference with the defendant for the purpose of creating, reviewing,
updating, or implementing a Community Transition Plan;
(b) Consultation with the facility of
commitment, the Federally Recognized Tribe of Oregon that the defendant is a
member of, CCOs, Exceptional Needs Care Coordinators (ENCCs), and the defendant
for the purpose of Community Transition Planning;
(c) A written Community Transition Plan
completed using the "Community Transition Plan Template" available at
https://www.oregon.gov/oha/hsd/amh/pages/intensive-services.aspx;
(d) Completion or coordination of any
referrals, screenings, or other work to implement the Community Transition
Plan: and
(e) Monitoring the status
of any referrals, screenings, or other work to implement the Community
Transition Plan.
(4) The
CMHP Director must initiate Community Transition Planning upon defendant's
admission to the facility of commitment. An initial Community Transition Plan
must be completed within 30 calendar days of the defendant's admission. The
CMHP Director must review and update the Community Transition Plan at least
once every 30 days. The Community Transition Plan must:
(a) Be consistent with clinical best practice
and existing legal standards regarding the ADA's integration mandate and
Olmstead; and
(b)
Include a written Community Transition Plan that:
(A) Is individualized and specific to the
clinical needs of the defendant;
(B) Is person-centered;
(C) Includes information on any clinically
appropriate referral options;
(D)
Includes what providers, agencies, CCOs, ENCCs, and Tribes were consulted with
in development of the Community Transition Plan; and
(E) Includes both a primary Community
Transition Plan and at least one backup Community Transition Plan.
(5) For defendants
committed to the State Hospital:
(a) The
CMHP's Community Transition Planning must be primarily guided by the State
Hospital's treating clinical team's recommendations. The CMHP may provide
information to the State Hospital's treating clinical team to inform their
recommendations.
(b) The CMHP
Director must provide information about the availability of the State Hospital
treating clinical team's clinical recommendations in the community, including
any reasonable and clinically appropriate alternatives if the State Hospital
treating clinical team's clinical recommendations are not present or available
in the community.
(6)
The CMHP Director must submit copies of the original and any updated Community
Transition Plans described in OAR 309-088-0130 to the Authority by emailing
aidand.assistadmin@odhsoha.oregon.gov and to the State Hospital QMHP assigned
to the defendant
(7) Throughout any
period of commitment, to facilitate an efficient transition to treatment in the
community when ordered, the CMHP Director must at least every 30 days:
(a) Review the available Community
Restoration Services to identify if Community Restoration Services have become
present and available as outlined in OAR 309-088-0125. If Community Restoration
Services that are appropriate for the defendant have become available, the CMHP
should follow the procedures and requirements set out in OAR 309-088-0125;
and
(b) Speak with the defendant
about Community Transition Planning; and
(c) Communicate with the Superintendent of
the State Hospital or director of the facility for purposes of Community
Transition Planning and Forensic Care Coordination by:
(A) Attending a treatment team meeting;
or
(B) Speaking with the QMHP
assigned to the defendant.
(8) The Community Transition Plan required in
OAR 309-088-0130 must be completed by a QMHP.
Statutory/Other Authority: ORS 413.042, 430.640 & SB 295
(2021)
Statutes/Other Implemented: 430.640, ORS 430.630, ORS 161.365 & 161.370
