Or. Admin. Code § 309-088-0130

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

Section 309-088-0130 - CMHP Responsibilities During Commitment

(1) Within 7 Judicial Days of receiving notice from the State Hospital that a defendant has been admitted to the State Hospital under ORS 161.370, the CMHP Director must notify the State Hospital of the name and contact information of the person designated to work with the State Hospital on behalf of the CMHP Director regarding the defendant.

(2) The person designated as required in OAR 309-088-0130 must be the CMHP point of contact for the State Hospital until the State Hospital is informed by the CMHP of a newly designated person.

(3) The CMHP Director is responsible for Community Transition Planning and Forensic Care Coordination while an individual is in commitment until the defendant is returned to their county of responsibility or county of residence and the Court has terminated commitment. Community Transition Planning must include:

(a) An in-person meeting, phone call, or video conference with the defendant for the purpose of creating, reviewing, updating, or implementing a Community Transition Plan;

(b) Consultation with the facility of commitment, the Federally Recognized Tribe of Oregon that the defendant is a member of, CCOs, Exceptional Needs Care Coordinators (ENCCs), and the defendant for the purpose of Community Transition Planning;

(c) A written Community Transition Plan completed using the "Community Transition Plan Template" available at https://www.oregon.gov/oha/hsd/amh/pages/intensive-services.aspx;

(d) Completion or coordination of any referrals, screenings, or other work to implement the Community Transition Plan: and

(e) Monitoring the status of any referrals, screenings, or other work to implement the Community Transition Plan.

(4) The CMHP Director must initiate Community Transition Planning upon defendant's admission to the facility of commitment. An initial Community Transition Plan must be completed within 30 calendar days of the defendant's admission. The CMHP Director must review and update the Community Transition Plan at least once every 30 days. The Community Transition Plan must:

(a) Be consistent with clinical best practice and existing legal standards regarding the ADA's integration mandate and Olmstead; and

(b) Include a written Community Transition Plan that:

(A) Is individualized and specific to the clinical needs of the defendant;

(B) Is person-centered;

(C) Includes information on any clinically appropriate referral options;

(D) Includes what providers, agencies, CCOs, ENCCs, and Tribes were consulted with in development of the Community Transition Plan; and

(E) Includes both a primary Community Transition Plan and at least one backup Community Transition Plan.

(5) For defendants committed to the State Hospital:

(a) The CMHP's Community Transition Planning must be primarily guided by the State Hospital's treating clinical team's recommendations. The CMHP may provide information to the State Hospital's treating clinical team to inform their recommendations.

(b) The CMHP Director must provide information about the availability of the State Hospital treating clinical team's clinical recommendations in the community, including any reasonable and clinically appropriate alternatives if the State Hospital treating clinical team's clinical recommendations are not present or available in the community.

(6) The CMHP Director must submit copies of the original and any updated Community Transition Plans described in OAR 309-088-0130 to the Authority by emailing aidand.assistadmin@odhsoha.oregon.gov and to the State Hospital QMHP assigned to the defendant

(7) Throughout any period of commitment, to facilitate an efficient transition to treatment in the community when ordered, the CMHP Director must at least every 30 days:

(a) Review the available Community Restoration Services to identify if Community Restoration Services have become present and available as outlined in OAR 309-088-0125. If Community Restoration Services that are appropriate for the defendant have become available, the CMHP should follow the procedures and requirements set out in OAR 309-088-0125; and

(b) Speak with the defendant about Community Transition Planning; and

(c) Communicate with the Superintendent of the State Hospital or director of the facility for purposes of Community Transition Planning and Forensic Care Coordination by:

(A) Attending a treatment team meeting; or

(B) Speaking with the QMHP assigned to the defendant.

(8) The Community Transition Plan required in OAR 309-088-0130 must be completed by a QMHP.

Or. Admin. Code § 309-088-0130

BHS 3-2022, adopt filed 01/24/2022, effective 2/1/2022; BHS 22-2024, amend filed 08/30/2024, effective 9/1/2024

Statutory/Other Authority: ORS 413.042, 430.640 & SB 295 (2021)

Statutes/Other Implemented: 430.640, ORS 430.630, ORS 161.365 & 161.370