Or. Admin. Code § 859-510-0005

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

Section 859-510-0005 - Definitions

(1) "Administrative Hearing" means a meeting of the Board at which a quorum is present but the youth is not for the purpose of deliberating about a youth's status or conditional release plan based upon the written record before the Board.

(2) "Administrative Meeting" means any meeting of the Board at which a quorum is present for the purpose of considering matters relating to Board policy and administration, at which minutes are taken, and approved at a subsequent administrative meeting by a majority of members present.

(3) "Board" means the juvenile panel of Oregon Psychiatric Security Review Board as constituted under ORS 161.385.

(4) "Burden of proof" means the responsibility of the youth or the state to convince the Board of the truth of its version or interpretation of facts or issues in dispute.

(5) "Commit" means order of placement in a secure facility.

(6) "Community Evaluation" is a written report ordered by the Board or other court and conducted by a qualified mental health professional from a local mental health program designated by the Board to determine if a youth can be adequately controlled with supervision and treatment if conditionally released and that necessary supervision and treatment are available.

(7) "Conditional Release" means an order by the court or Board authorizing a youth to reside outside a Secure Adolescent In-patient Program (SAIP), Secure Children's In-patient Program (SCIP), or Intensive Treatment Services (ITS), in the community under conditions established for the monitoring and treatment of the youth's mental and physical health.

(8) "Department of Human Services" and "Department" mean the Oregon Department of Human Services as constituted under ORS 409.010.

(9) "Discharge" means the termination of a youth's jurisdiction under the Board because the youth is either no longer affected by a serious mental condition or no longer affected by a qualifying mental disorder that presents a substantial danger to others and requires regular medical care, medication, supervision or treatment; or term of jurisdiction has lapsed.

(10) "Escape" means:

(a) A youth committed to a state hospital, SAIP, SCIP, or SITP who:

(A) Leaves the supervision of treatment staff without permission;

(B) Leaves the facility without permission; or

(C) Fails to return at the appointed time to the facility.

(b) Any youth who leaves the State of Oregon without authorization of the Board;

(c) Any youth who fails to return to the State of Oregon as directed by the Board.

(11) "Full Hearing" means a meeting of the Board at which a quorum is present, the youth is present, evidence is received, a youth's status is reviewed pursuant to Chapter 419C and at the conclusion of which the Board makes findings of fact and conclusions of law as required by law from which written orders will issue.

(12) "Incident Report" means a report completed by the JPSRB case monitor or supervisor that describes any significant behavioral or mental health changes, serious violations of conditional release requirements, psychotropic medication refusals, or any other information that is relevant to a youth's ability to be safely managed in a community setting. The incident report should contain the following information:

(a) A description of incident;

(b) A summary of the interventions that were used by community mental health provider staff;

(c) A summary of the debrief with the youth or a summary of why a debrief did not occur; and

(d) Any recommendations on how to mitigate future incidents, including but not limited to modifications to the youth's conditional release plan.

(13) "Jurisdictional Report" means a report completed by a psychiatrist, psychiatric mental health nurse practitioner, or licensed psychologist that assists the Board in making the determinations described in ORS 419C.532, and includes the following information:

(a) An opinion as to the mental condition of the youth;

(b) Whether the youth presents a substantial danger to others; and

(c) Whether the youth could be adequately controlled with treatment as a condition of release.

(14) "Monthly Progress Report" means a template report available on the PSRB's website that is required to be completed for all youth who are on conditional release by the community agency mental health provider that includes the following information attached, if applicable:

(a) Prescriber and specialty progress notes that occurred within the reporting month of the monthly progress report; and

(b) Any incident reports that that occurred within the reporting month of the monthly progress report.

(15) "Qualifying Mental Disorder" (formerly "Mental disease or defect") means:

(a) that which is manifested by developmental delay or disability if a mental deficiency exists concurrently with qualitative deficits in activities of daily living and is not otherwise attributable to mental illness or substance abuse or influenced by current situational trauma; or

(b) any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric Association.

(16) The term "qualifying mental disorder" does not include an abnormality manifested solely by repeated criminal or otherwise antisocial conduct; nor constituting solely a conduct or a personality disorder; nor solely an alcohol or drug abuse or dependence diagnosis.

(17) "Mental status" is defined as the mental, emotional, and behavioral functioning of a youth.

(18) "Patient" means any youth under the jurisdiction of the JPSRB, residing in a SAIP or SCIP.

(19) "Proof" means the achievement of a designated legal standard for persuading the trier of fact that a proposition is true. The standard of proof on all issues at hearings of the Board is by the preponderance of the evidence.

(20) "Quorum" means the presence at a hearing or meeting of at least three members of the Board.

(21) "Reasonable medical probability" means the finding by a physician or other qualified health professional that a given condition or illness is more likely than not to exist.

(22) "Responsible Except for Insanity" means the affirmative defense one must successfully assert in order to be placed under the jurisdiction of the JPSRB; or a finding by a judge that a youth, as a result of a qualifying mental disorder at the time the youth committed the act(s) alleged in the petition, lacked substantial capacity either to appreciate the nature and quality of the act or to conform the youth's conduct to the requirements of law.

(23) "Revocation" means the return to a secure residential adolescent or children's treatment facility of a youth pursuant to an order of the Board when the youth has violated the terms of a conditional release order or has experienced a change in mental status giving reasonable cause to believe that the youth may present a danger to others and cannot be controlled by appropriate interventions.

(24) "SAIP" means secure adolescent in-patient treatment program designated by the Oregon Health Authority.

(25) "SCIP" means secure child in-patient treatment program designated by the Oregon Health Authority.

(26) "SITP" means a secure child and adolescent Seniors and People with Disabilities (SPD) in-patient treatment program designated by Department of Human Services.

(27) "Secure" means that the doors to the facility are locked at all times. Ingress and egress are controlled by staff.

(28) "Secure In-patient Program Pass", means any time a youth is authorized to be away from a secure child or adolescent facility's grounds for any length of time unaccompanied by facility staff.

(29) "Serious mental condition" is one of the three specifically delineated diagnoses listed in 419C.520 (3).

(30) "Substantial danger" means the level of danger exhibited by threats of or engagement in acts of intentional, knowing, reckless or negligent behavior which places another person at risk of physical injury.

(31) "Unauthorized Departure" means:

(a) A youth who is under the jurisdiction of the Board who is conditionally released to the community that:

(A) Leaves the supervision of the community mental health program staff without permission;

(B) Leave the authorized placement listed on the conditional release order without permission;

(C) Fails to return to the authorized placement listed on the conditional release order at the appointed time;

(b) Any youth who leaves the State of Oregon without authorization of the Board; or

(c) Any youth who fails to return to the State of Oregon as directed by the Board.

Or. Admin. Code § 859-510-0005

PSRB 2-2010, f. & cert. ef. 9-28-10; PSRB 10-2016, f. & cert. ef. 12/13/2016; PSRB 10-2017, amend filed 12/11/2017, effective 1/1/2018; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022; PSRB 2-2022, temporary amend filed 09/07/2022, effective 9/12/2022 through 3/10/2023; PSRB 1-2023, amend filed 04/19/2023, effective 4/21/2023

Statutory/Other Authority: ORS 161.387 & ORS 419C.533

Statutes/Other Implemented: ORS 419C.533