Or. Admin. R. 309-033-0290

Current through Register Vol. 63, No. 5, May 1, 2024

Section 309-033-0290 - [Effective 5/28/2024] Placement of Persons under Civil Commitment

(1) Placement authority. The Authority, pursuant to ORS 426.060, delegates the responsibility for the placement of a person under civil commitment to the director of the county of commitment:

(a) The director, in consultation with the appropriate administrator, may place or transfer placement of a person under civil commitment to any facility or program approved by the Authority which, in the opinion of the director, will appropriately meet the mental health needs of the person under civil commitment and is consistent with applicable rules and statutes;

(b) Pursuant to ORS 426.300, the director may discharge a person from civil commitment by notifying, in writing, the court having jurisdiction, when voluntary status is in the best interest of the person, or if the director determines the person is no longer a person with mental illness defined by ORS 426.005;

(c) Placement outside the county of residence. The director of the county of commitment may place the person under civil commitment at a facility in a county other than the county of residence or county of commitment if the director determines that such placement is in the best interest of the person under civil commitment;

(d) Placement at a state hospital. The director of the county of commitment shall only place a person under civil commitment in a state hospital with the consent of the superintendent.

(2) Placement procedure. The director of the county of commitment shall make the initial placement in writing immediately upon the civil commitment of a person by the court or at the time the person under civil commitment is transferred to another placement during the civil commitment period. The director shall:

(a) Retain an original placement order on file, in paper or electronic, in safe keeping for seven years;

(b) Deliver a signed original copy, paper or electronic, of the placement order to the person under civil commitment prior to placement;

(c) Enter into the Division's current electronic data systems a copy of the director's written placement order, and information about the person under civil commitment including:

(A) Name and any known aliases;

(B) Date of birth;

(C) Residential address or description of physical location if there is no residential address;

(D) Address of the facility, hospital,, or program where the person is placed for treatment, if different from residence;

(E) Name and telephone number of the administrator of the hospital, facility, or program providing the person's treatment; and

(F) Any other data as requested by the Division.

(d) Should the Division's current electronic data system(s) be unavailable to upload and communicate the written placement order, within three business days the director shall submit a copy of the placement order to the Division by email at civil.commitment@odhsoha.oregon.gov;

(e) Petition for transfer of jurisdiction when placement is outside the county of commitment. The director of the transferring county of commitment shall petition its court to transfer jurisdiction to the court in the county where the person is to reside, pursuant to ORS 426.275.

(3) Appeal of placement procedure. At any time during the period of civil commitment, a person under civil commitment may appeal to the Authority for a change in placement made by a director. The Division shall, in addition to the person under civil commitment, accept completed and submitted appeals from advocates; a person's legal representation, authorized healthcare representatives; a person's social worker or caseworker; and others who submit the appeal on behalf of the person under civil commitment and with the person's documented consent.

(a) How to make an appeal. The person under civil commitment shall make the appeal in writing and shall include the following information in the appeal:

(A) A statement that the person under civil commitment appeals the current placement;

(B) The reason(s) the person under civil commitment believes the current placement is inappropriate; and

(C) The proposed alternate placement and the reasons the person under civil commitment is requesting the alternate placement.

(b) Appeal of a placement. When an appeal to a placement has been made, the Authority shall determine the placement for the person under civil commitment and notify the person under civil commitment of the placement decision, in writing or verbally, within five judicial days of the receipt of the written appeal. The Authority's determination shall be final:

(A) In determining an appealed placement, the Authority:

(i) Shall review the written appeal;

(ii) Shall contact the director making the placement, and consider the director's reason(s) for making the placement;

(iii) Shall consider the opinion of the person's treating licensed independent practitioner (LIP);

(iv) May require the director to submit a written statement which gives the reason(s) for the placement;

(v) May consider the consultation or opinion of any person that the Authority believes has knowledge relevant to the case; and

(vi) Shall consider whether the person has been accepted at the person's preferred placement.

(B) The Authority shall consider the following criteria in making a determination of an appealed placement:

(i) The best interests of the person under civil commitment;

(ii) The safety of the person and the community; and

(iii) The availability of the least restrictive, most integrated setting depending on available resources.

Or. Admin. R. 309-033-0290

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0100; BHS 17-2022, temporary amend filed 10/14/2022, effective 10/14/2022 through 4/11/2023; 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 & 426.060

Statutes/Other Implemented: ORS 426.005 - 426.395