1. (1) Goals. The goals of the Division in implementing these civil commitment standards are:

   1. (a) To promote the well-being of persons alleged to have a mental illness and those who are a person with mental illness during involuntary care, custody and treatment of mental illness pursuant to ORS Chapter 426;
   2. (b) To promote the protection of the civil rights of each person who is a person alleged to have amental illness and who is a person with mental illness;

   3. (c) To encourage consistent application of ORS Chapter 426 as it specifically pertains to each of the following groups:

      1. (A) Persons alleged to have a mental illness; and
      2. (B) Persons with mental illness.
   4. (d) To encourage voluntary enrollment of persons in available mental health services in lieu of pursuing involuntary treatment through civil commitment, whenever possible;
   5. (e) To encourage the provision of care, custody, and treatment of persons in the least restrictive environment that currently is available within existing resources. A director or designee responsible for investigations of persons alleged to have a mental illness and for placement of persons with mental illness shall be expected to offer and encourage diversions whenever possible and feasible.
   6. (f) To encourage that the director monitors the commitment process in their county, is knowledgeable of the statutes and administrative rules pertaining to civil commitment, provides leadership so that persons being held are afforded their civil rights and are treated with dignity in the implementation of ORS Chapter 426;
   7. (g) To provide for the safety of the community when symptoms and behaviors of mental illness may present as a risk of danger to others;
   8. (h) Support the de-stigmatization of mental illness and people living with mental illness(es).
2. (2) State’s interest. The state’s interest is to establish sufficient facts for the court to make a decision that is consistent with the intent of ORS Chapter 426.
3. (3) Declaration for mental health treatment (DMHT). The director shall establish procedure and written policy which assures that every person who has been investigated to be a person with mental illness as defined by ORS 426.005 is educated about the Declaration for Mental Health Treatment and is offered the opportunity to complete one by the end of the investigation period or end of the civil commitment, as applicable. The director shall make available to the Authority upon request a copy of the written policy and associated procedures.

4. (4) Data. The Authority aims to maintain consistent and reliable data collection methods from which the results can be utilized to monitor outcomes, inform program evaluation, guide program development, and promote program efficacy.

   1. (a) Hospital and nonhospital facility administrators and CMHP directors shall ensure that all reporting requirements related to civil commitment proceedings as described in OAR Chapter 309 Division 33 and in statute in ORS Chapter 426 are met according to agreement, certification, contract, and licensing.
   2. (b) CMHP directors shall comply with all reporting requirements for all provided civil commitment services via the Measures and Outcomes Tracking System (MOTS) and any of its successors.
   3. (c) Hospital and nonhospital facilities operating as regional acute care psychiatric facilities shall comply with all reporting requirements for all provided civil commitment services in the online portal for the Acute Care Reporting (ACR) system or another preferred data collection program selected by the Oregon Health Authority. Data must be entered into ACR for each individual within 12 hours of the day of admission and updated within 12 hours of the day of discharge.
5. (5) Service of Citation and Return of Service. The Community Mental Health Program (CMHP) investigating the person alleged to have a mental illness will complete service of the citation issued by the judge, unless the judge orders personal service through different means, under ORS 426.090 and filing of the completed return of service of the citation under ORS 426.080, whether accomplished directly or through authorized third parties.

Statutory/Other Authority

ORS 413.042, 426.060 & ORS 426.080

Statutes/Other Implemented

ORS 426.005 - 426.395

History

BHS 17-2026, amend filed 06/26/2026, effective 06/26/2026
BHS 7-2024, amend filed 04/30/2024, effective 05/28/2024
BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023
MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0030