Or. Admin. Code § 309-033-0250

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-033-0250 - Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention

(1) Criteria for placement into custody. Only persons who are a danger to self or others and who are in need of treatment for mental illness shall be placed in custody at a facility approved by the Division.

(2) Warrant of detention.

(a) Upon the receipt of a warrant of detention issued by the court pursuant to ORS 426.070, the director or the sheriff of the county shall take the person into custody and remove the person to a community hospital or nonhospital facility that is licensed under ORS Chapter 441, other than an institution listed in ORS 426.010. Whoever takes the person into custody shall inform the person of their rights with regard to representation by or appointment of counsel as described in ORS 426.100 and be given the warning described under ORS 426.123 and OAR 309-033-0540. The director of the community hospital or nonhospital facility may refuse to detain the individual if a Licensed Independent Practitioner (LIP), after reviewing the documents accompanying the individual, is not satisfied that an emergency exists or that the individual is dangerous to self or others and in need of immediate care, custody or treatment for mental illness.

(b) In cases where the state hospital initiated the civil commitment proceeding and the patient is already at the state hospital, the patient shall remain at the state hospital upon the receipt of the warrant of detention.

(3) Hospital hold. Only a LIP with admitting privileges or on staff at a hospital approved by the Division and who has completed a face-to-face examination of the person may retain the person in custody in the hospital as provided by ORS 426.232. When implementing a hospital hold, the LIP shall document the following information on the Notice of Mental Illness (NMI), retaining a copy of the NMI in the clinical record:

(a) Examples of indicators that support the LIP's belief that the person is a person with mental illness;

(b) Examples of thoughts, plans, means, actions, history of dangerousness, or other indicators that support the LIP's belief that the person is imminently dangerous.

(4) Peace officer custody requested by director. This section establishes standards and procedures for a director to direct a peace officer to take into custody a person who the director has probable cause to believe is dangerous to self or any other person and who the director has probable cause to believe is in need of immediate care, custody or treatment for mental illness:

(a) A county governing body may authorize the director, or a person named and recommended by the director, to direct a peace officer or approved secure transport provider to take alleged persons with mental illness into custody. Such an authorization shall be made formally and in writing by the county governing body of the director. The director shall keep a copy of each authorization in each person's personnel file;

(b) Prior to directing a peace officer or approved secure transport provider to take a person into custody, a director shall have face-to-face contact with the person and document on forms approved by the Division, the evidence for probable cause to believe that the person is:

(A) Dangerous to self or others; and

(B) In need of immediate care, custody or treatment for a mental illness.

(5) When a person in custody can be released. A person who is detained, in custody, or on a hold shall be released as described:

(a) LIP's release of a person on peace officer custody. When a person is brought to a hospital by a peace officer or approved secure transport provider pursuant to ORS 426.228 the treating LIP shall release the person if, upon initial examination prior to admission, the LIP makes the determination that the person is not dangerous to self or others. It is not necessary to notify the court of the release;

(b) LIP's release of a person on transport custody. At any time during the 12-hour detention period, the treating LIP shall release a person detained pursuant to ORS 426.231 if the LIP makes the determination that the person is not dangerous to self or others. In no case shall a LIP involuntarily detain a person at a hospital approved solely for Transport Custody under OAR 309-033-0550 longer than 12 hours. It is not necessary to notify the court of the release;

(c) LIP's release of a person on a hospital hold. The treating LIP shall release a person retained or admitted to a hospital pursuant to ORS 426.232 whenever the LIP makes the determination that the person is not dangerous to self or others. The treating LIP shall immediately notify the director and the circuit court where the NMI was filed. See OAR 309-033-0240; or

(d) Director's release of a person on a nonhospital hold. The director shall release a person detained in a nonhospital facility, approved under OAR 309-033-0530, pursuant to ORS 426.233, whenever the director, in consultation with a LIP, makes the determination that the person is not dangerous to self or others. The director shall immediately notify the circuit court.

(6) When a person in custody cannot be released. Once the person is admitted to a hospital or nonhospital facility, a person taken into custody pursuant to ORS 426.070, may only be released by the court. However, a person may be discharged from a hospital or nonhospital facility when the person is transferred to another approved facility.

Or. Admin. Code § 309-033-0250

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0060; MHD 2-2000(Temp), f. & cert. ef. 1-25-00 thru 7-22-00; MHD 9-2000, f. & cert. ef. 7-21-00; BHS 16-2021, temporary amend filed 07/30/2021, effective 07/30/2021 through 01/25/2022; BHS 23-2021, amend filed 12/13/2021, effective 12/13/2021; 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, 426.070, 426.231, 426.232, 426.233 & 426.234

Statutes/Other Implemented: ORS 426.005 - 426.395