Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 570 - CONDITIONAL RELEASE OF YOUTHS
Section 859-570-0025 - Modification Of/Discharge From Conditional Release
Universal Citation: OR Admin Rules 859-570-0025
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Modification. Modification of an order of conditional release may be proposed by the youth, the person supervising the youth, or staff of the mental health facility providing treatment to the youth, or the Board on its own motion upon a review of the status of the youth.
(a) Modifications of conditional release may
be considered by the Board at a hearing after giving proper notice.
(b) The individual designated by the Board as
having primary reporting responsibility shall provide the Board with a written
summary of the youth's progress which shall include the specific nature of the
request for modification, evidence of recent behavior supporting the
modification, and any evidence of recent behaviors that would not support
modification, as well as what precautions will be taken to off-set any changes
in plan.
(c) If the Board considers
the request for modification at a full hearing, the designated individual
having primary reporting responsibility shall be available to testify, in
person, if possible, or telephonically on these issues at the Board hearing.
(2) Discharge.
(a) A request for discharge from Board
jurisdiction may be proposed by the youth on conditional release, the person
supervising the youth, or the staff of the facility providing treatment to the
youth. The Board must be notified of the request as soon as practicable before
the scheduled hearing to provide reasonable notice, per ORS
419C.540(2).
If a request for discharge is not made prior to this date, either party may
request a continuance or the Board may, of its own motion, continue the
matter.
(b) This request shall be
accompanied by a psychiatric/psychological evaluation of the youth that has
been performed within 30-days of the hearing date by his community treatment
practitioner. This evaluation shall address what the youth's current diagnosis
is; whether the qualifying mental disorder is active or in remission; and
whether the youth's qualifying mental disorder, with reasonable medical
probability, will occasionally become active, and when active, render the youth
a substantial danger to others. This report shall be submitted to the Board no
later than 10 days prior to hearing. The individual making the request shall be
available to testify in person, if possible, or telephonically on these issues
at the Board hearing. The psychiatrist/psychologist evaluator shall also be
available to testify either in person or by phone.
(c) All requests for discharge shall be
considered only at a full hearing.
Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.332, ORS 161.336, ORS 161.346, ORS 161.390, ORS 419C.520, ORS 419C.529, ORS 419C.532, ORS 419C.538 & ORS 419C.540
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