Or. Admin. Code § 309-033-0300

Current through Register Vol. 63, No. 10, October 1, 2024

Section 309-033-0300 - Transfers Between Classes of Facilities

(1) Transfers between classes of facilities. The director may transfer a person under civil commitment from one class of facility to another in the same class or in a less restrictive class as provided by ORS 426.060. However, the director shall transfer a person under civil commitment who has voluntarily agreed to placement at the facility only with the written consent of the person. The director shall transfer persons under civil commitment as provided by OAR 309-033-0400 through 309-033-0440 and OAR 309-033-0290. The director shall modify the conditions of trial visit to reflect the change of placement and shall notify the following persons of the transfer:

(a) The person under civil commitment;

(b) The court in the county where the person was civilly committed;

(c) The court in the county where the person is to be placed;

(d) The director in the county where the person is to reside;

(e) The administrator of the facility designated to provide care or treatment; and

(f) Any other provider designated to provide care or treatment.

(2) Transfers restricted by rule. The director may transfer a person under civil commitment from a facility of one class to another facility of a same class or lower class by:

(a) Placing the person under civil commitment at the new facility; and

(b) Modifying the person's civil commitment status as follows:

(A) Persons transferred to a Class 2 or Class 3 facility. When the director transfers a person under civil commitment to a Class 2 or Class 3 facility, the director shall place the person on trial visit (see OAR 309-033-0290);

(B) Transfers between Class 1 hospitals or facilities. The director shall transfer a person between Class 1 hospitals or facilities without placing the person on trial visit; or

(C) Transfer to any facility and discharged from civil commitment. When the director determines a person under civil commitment is no longer a person with mental illness as defined by ORS 426.005, or the person agrees to voluntary treatment and does so in good faith, the director of the county of placement shall discharge the person from civil commitment pursuant to OAR 309-033-0330 and enroll the person in services voluntarily at the receiving facility.

(3) Transfers from a facility of one class to a facility of a more restrictive class:

(a) Involuntary transfers of persons under civil commitment. The director shall transfer a person who is on trial visit to a facility of a more restrictive class only:

(A) By order of the court after a hearing, pursuant to ORS 426.275; or

(B) Initiate involuntary procedures as provided in OAR 309-033-0300(3)(c) and as provided by ORS 426.233.

(b) Voluntary transfers of persons on trial visit. The director may transfer a person who is on trial visit to a facility of a more restrictive class with the person's consent. However, if the person revokes his/her consent to the current more restrictive placement and requests to be placed at another facility of a less restrictive class, as soon as reasonably possible the director shall:

(A) Transfer the person to a facility where the person consents to receive services; or

(B) Initiate involuntary procedures as provided in this paragraph and by ORS 426.233.

(c) Emergency transfers of persons on trial visit. As provided by ORS 426.233, the director may transfer a person who is on trial visit to a hospital or nonhospital facility approved by the Division when the director has probable cause to believe the person is dangerous to self or others or unable to provide for basic personal needs and is not receiving the care that is necessary for health and safety, and is in need of care, custody or treatment for mental illness. Upon the recommendation of the investigator, the director shall request the court to revoke the person's trial visit or recertify the person for continued civil commitment at a more restrictive facility as provided by ORS 426.275.

(4) Authority to retake persons. A Class 1 or Class 2 facility shall immediately notify a peace officer and the Division of any person who has left the facility without lawful authority and shall immediately request the assistance of a peace officer(s) in retaking and returning the person to a Division-approved hospital or facility. The director shall show the peace officer a copy of the order of civil commitment.

Or. Admin. Code § 309-033-0300

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0110; 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, 426.223, 426.233, 426.273, 426.275 & 426.278

Statutes/Other Implemented: ORS 426.005 - 426.395