Or. Admin. R. 309-033-0320

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

Section 309-033-0320 - [Effective 5/28/2024] Revocation of Conditional Release, Outpatient Commitment or Trial Visit

(1) Conditional release. A caregiver appointed by the court to care for a person under civil commitment while on conditional release is responsible for reporting to the court any violation of the conditions of placement. If a person on conditional release, whose conditions of placement include any service agreed to be provided by a Community Mental Health Program (CMHP), violates the conditions of conditional release, the director shall include in the clinical record a revocation report which documents the following:

(a) The person's noncompliance with those conditions of placement that include services provided by the CMHP;

(b) Efforts by the CMHP to inform the caregiver of the noncompliance and the caregiver's response to these efforts;

(c) Requests by the caregiver for the CMHP to assist in obtaining compliance from the person on conditional release, or in notifying the court of the person's failure to comply with the conditions of placement, and the CMHP response to the requests for assistance;

(d) Documentation of the disposition made by the court, if the caregiver submits notification to the court; and

(e) The date the person was transported to an inpatient facility, and the name of the facility, if appropriate.

(2) Outpatient commitment and trial visit. The director is responsible for reporting to the court any violation of the conditions of placement for persons on outpatient commitment or trial visit. For persons on outpatient commitment or trial visit, the director shall include in the clinical record a revocation report which includes the following:

(a) Documentation of the person's noncompliance with the conditions of placement;

(b) Documentation of efforts from all parties attempting to obtain compliance from the person under civil commitment and the response of the person to these efforts;

(c) A copy of the notification to the court of the person's failure to comply with the conditions of placement;

(d) Documentation of the disposition made by the court;

(e) Documentation of the distribution of any modified conditions of placement or disposition placing the person in inpatient treatment to all parties originally receiving copies of the conditions of placement; and

(f) Date the person was transported to an inpatient facility, and the name of the facility, if appropriate.

Or. Admin. R. 309-033-0320

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0130; 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 & 426.275

Statutes/Other Implemented: ORS 426.005 - 426.395