Or. Admin. R. 309-033-0280

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-033-0280 - Procedures for Persons under Civil Commitment and on Outpatient Commitment or Trial Visit

(1) Outpatient commitment. At the time of the civil commitment hearing the director may place a person under civil commitment on an outpatient commitment if adequate treatment services are available in the county. The director shall be responsible for:

(a) Enrolling the person under civil commitment in treatment services and assuring that the person has an opportunity to participate in the development of the treatment plan;

(b) Distributing the conditions of placement as pursuant to ORS 426.278 and OAR 309-033-0280 below;

(c) Monitoring and documenting the provision and consumption of services which fulfill the conditions set for the outpatient commitment;

(d) Petitioning the court for a revocation hearing if the best interests of the person under civil commitment require a modification in the conditions of placement for a treatment option which is more restrictive;

(e) With the participation of the person under civil commitment, changing the conditions to less restrictive conditions, if appropriate; and

(f) Documenting in the clinical record any conditions of placement requiring modification by means of a report which:

(A) Documents the need for a change in the conditions of outpatient commitment;

(B) Sets new conditions of civil commitment;

(C) Describes the reasons for the new conditions;

(D) Is signed by the person under civil commitment and the mental health professional assigned to the case. If the person under civil commitment will not sign or is otherwise unable to sign the new conditions of placement, such fact shall be documented in the report; and

(E) Documents that a copy of the changes with the reasons for the changes was distributed to appropriate persons described in ORS 426.278 and OAR 309-033-0280.

(2) Trial visit. A director may, upon approval of the director of the county of placement, grant a trial visit to any person under civil commitment during a period of community inpatient treatment. While it may be clinically advisable, the director is not required to obtain the consent or signature of the committed person:

(a) Trial visit of a person under civil commitment shall not exceed the time remaining in the period of civil commitment;

(b) Conditions for trial visit shall include designation of a facility, hospital, program, service, or other provider to provide care or treatment;

(c) The director shall place the person on trial visit in accordance with OAR 309-033-0290;

(d) The director shall evaluate any complaints received from any person concerning the behavior or treatment of a person on trial visit. The director shall document the results of the evaluation in the clinical record;

(e) Modification of the conditions of trial visit. The director may modify the conditions of placement for trial visit:

(A) Any modification shall not include a treatment option which is more restrictive than the current conditions of placement;

(B) The director shall petition the court for a revocation hearing if the best interests of the person under civil commitment require a modification in the conditions of placement for a treatment option which is more restrictive;

(C) The director shall document in the clinical record any conditions of placement requiring modification by means of a report which:

(i) Documents the need for a change in the conditions of the trial visit;

(ii) Sets new conditions of the trial visit;

(iii) Describes the reasons for the new conditions;

(iv) Is signed by the person under civil commitment and the mental health professional assigned to the case, or, if the person under civil commitment will not sign the new conditions of placement or is otherwise unable to sign, such fact shall be documented in the clinical record; and

(v) Documents that a copy of the changes and the reasons for the changes was distributed to appropriate persons provided under ORS 426.278 and OAR 309-033-0280.

(f) Transfer of trial visit to another county. The director may transfer a person on trial visit to another county only if the director for the county where the person will reside agrees to accept the trial visit:

(A) The director of the county where the person currently resides shall provide the director of the county where the person will reside a copy of the current treatment plan for the person on trial visit;

(B) Immediately upon accepting the trial visit the director of the county where the person will reside shall enroll the person on trial visit in treatment services and shall make any modifications to the trial visit conditions as necessary and distribute the modified conditions of placement as required under OAR 309-033-0280.

(3) Distribution of the conditions of placement. When a person under civil commitment is placed on conditional release, outpatient commitment, or trial visit, or when the conditions of placement are modified in any manner, the current conditions of placement shall be distributed by the director to the following persons, pursuant to ORS 426.278:

(a) The person under civil commitment;

(b) The director of the county in which the person under civil commitment is to receive hospital, nonhospital, or outpatient treatment;

(c) The administrator of any facility, hospital, program, service, or other provider designated to provide care or treatment;

(d) The current court of commitment; and

(e) The appropriate court of the county in which the person under civil commitment lives during the civil commitment period if the person is living in a different county than the county of the court that made the current civil commitment.

Or. Admin. R. 309-033-0280

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0090; BHS 9-2023, amend filed 04/04/2023, effective 4/7/2023; BHS 7-2024, amend filed 04/30/2024, effective 5/28/2024

Statutory/Other Authority: ORS 413.042, 426.127, 426.273 & 426.278

Statutes/Other Implemented: ORS 426.005 - 426.395