(1) As used in ORS 426.005 to 426.390, unless the context requires otherwise: (a) “Community mental health program director” means the director of an entity that provides the services described in ORS 430.630 (3) to (5). (b) “Director of the facility” means a superintendent of a state mental hospital, the chief of psychiatric services in […]
Except as otherwise ordered by the Oregon Health Authority pursuant to ORS 179.325, the Oregon State Hospital campuses in Salem, Marion County, and in Junction City, Lane County, shall be used as state hospitals for the care and treatment of persons with mental illness who are assigned to the care of the institutions by the […]
(1) The superintendent of a hospital referred to in ORS 426.010 shall be a person the Oregon Health Authority considers qualified to administer the hospital. If the superintendent of any hospital is a physician licensed by the Oregon Medical Board, the superintendent shall serve as chief medical officer. (2) If the superintendent is not a […]
(1) Commitments to the Oregon Health Authority shall be made only by the judge of a circuit court in a county of this state. (2) The following is a nonexclusive list of powers the authority may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070, 426.228 to […]
(1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section: (a) Two persons; (b) The local health officer; or (c) Any magistrate or judge of a court of a federally recognized Indian tribe located in this state. (2) For purposes of subsection […]
(1) A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness is placed in custody at the hospital or nonhospital facility: (a) By a warrant of detention under ORS 426.070; (b) By a peace officer under ORS 426.228 or other individual […]
The following is applicable to an investigation initiated by a community mental health program director, or a designee of the director, as part of commitment procedures under ORS 426.070 and 426.228 to 426.235: (1) If the person alleged to have a mental illness is held in custody before the hearing the investigation shall be completed […]
This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070, orders a hearing under ORS 426.095. The following apply as described: (1) The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a […]
The person serving a warrant of detention or the citation provided for by ORS 426.090 shall, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court. In executing the warrant of detention or citation, […]
The judge shall issue a citation to the person alleged to have a mental illness stating the nature of the information filed concerning the person and the specific reasons the person is believed to be a person with mental illness. The citation shall further contain a notice of the time and place of the commitment […]
The following is applicable to a commitment hearing held by a court under ORS 426.070: (1) The hearing may be held in a hospital, the person’s home or in some other place convenient to the court and the person alleged to have a mental illness. (2) The court shall hold the hearing at the time […]
(1) At the time the person alleged to have a mental illness is brought before the court, the court shall advise the person of the following: (a) The reason for being brought before the court; (b) The nature of the proceedings; (c) The possible results of the proceedings; (d) The right to subpoena witnesses; and […]
The following requirements relating to the appointment of examiners for purposes of a hearing under ORS 426.095 or 426.701 and 426.702 apply as described: (1) The judge shall appoint one qualified examiner. If requested, the judge shall appoint one additional qualified examiner. A request for an additional examiner under this subsection must be made in […]
(1) Examiners appointed under ORS 426.110 shall do all of the following: (a) Examine the person as to mental condition. (b) Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner. (c) Make their separate […]
(1) Whenever specifically required under ORS 426.070, 426.072, 426.180 or 426.234, a person shall be given a warning that observations of the person by the staff of the facility where the person is in custody may be used as evidence in subsequent court proceedings to determine whether the person should be or should continue to […]
The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described: (1) A court may only order conditional release if all of the following occur: (a) The conditional release is requested by the legal guardian, relative or friend of the person with mental illness. (b) The legal guardian, […]
The following provisions are applicable to outpatient commitment under ORS 426.130 as described: (1) The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available. (2) At the time of the hearing under ORS 426.095, the community mental health program director, or a designee for the […]
The Oregon Health Authority shall employ at least one individual to serve as a liaison between the authority and communities in which the authority plans to establish housing for persons conditionally released by the Psychiatric Security Review Board or for persons with mental illness. [2009 c.809 §1; 2011 c.720 §161] Note: 426.129 was enacted into […]
(1) After hearing all of the evidence, and reviewing the findings of the examiners, the court shall determine whether the person has a mental illness and is in need of treatment. If, in the opinion of the court, the person: (a) Is a person with mental illness based upon clear and convincing evidence, the court: […]
(1) As used in ORS 426.005 to 426.390, “assisted outpatient treatment” may not be construed to be a commitment under ORS 426.130 and does not include taking a person into custody or the forced medication of a person. (2) A court may issue an order requiring a person to participate in assisted outpatient treatment if […]
