1. (1) Conditional release. A caregiver appointed by the court to care for a person under civil commitment while on conditional release is responsible for reporting to the court any violation of the conditions of placement. If a person on conditional release, whose conditions of placement include any service agreed to be provided by a Community Mental Health Program (CMHP), violates the conditions of conditional release, the director shall include in the clinical record a revocation report which documents the following:

   1. (a) The person’s nonadherence to those conditions of placement that include services provided by the CMHP;
   2. (b) Efforts by the CMHP to inform the caregiver of the nonadherence and the caregiver’s response to these efforts;
   3. (c) Requests by the caregiver for the CMHP to assist in obtaining compliance from the person on conditional release, or in notifying the court of the person’s nonadherence to the conditions of placement, and the CMHP response to the requests for assistance;
   4. (d) Documentation of the disposition made by the court, if the caregiver submits notification to the court; and
   5. (e) The date the person was transported to a more restrictive facility, and the name of the facility, if appropriate.

2. (2) Outpatient commitment and trial visit. A monitor may request that a person’s community-based civil commitment be revoked due to nonadherence to the conditions of placement. Nonadherence occurs when a person:

   1. (a) does not complete any one or more condition as agreed upon at the onset of the community-based placement; and/or
   2. (b) is not receptive to one or more attempts at improvement plans to remedy conditions not met; and/or
   3. (c) manifests a decompensated mental status and the monitor has good cause to believe the person will quickly become a danger to self or others or be unable to provide for basic needs without more intensive clinical intervention; and/or
   4. (d) is, in good faith, determined to be better served by a placement that is in a more restrictive setting.

3. (3) Intent to revoke due to nonadherence. For persons on outpatient commitment or trial visit, the director or designee is responsible for reporting to the court any nonadherence to the conditions of placement. For persons on outpatient commitment or trial visit and for whom revocation will be requested, the director or designee shall:

   1. (a) Provide notice to the court in the county with jurisdiction of intent to revoke by submitting a request for revocation hearing. Upon receipt of the request, the judge may issue a warrant of detention for the person under civil commitment to remain at a designated facility following the LIP evaluation; and
   2. (b) Provide the person with written and verbal notice of intent to revoke in accordance with OAR 309-033-0300. The notice shall include:

   3. (i) A statement of the person’s right to legal representation for the revocation hearing;

      1. (ii) The name and email address of the director or designee who determined it was in the person’s best interest to seek revocation;
      2. (iii) The individual condition(s) of placement to which the person is alleged to have been nonadherent and is serving as grounds to seek revocation; and
      3. (iv) A summary of any effort(s) to resolve the concern in the community and the person’s response(s) to the intervention(s).
      4. (c) Submit to the court:
      5. (A) A request for revocation hearing; and
      6. (B) A copy of the conditions of placement.

   4. (d) Include in the clinical record a revocation report which includes the following:

      1. (A) Documentation of the person’s nonadherence with the conditions of placement;
      2. (B) Documentation of efforts from all parties attempting to obtain adherence from the person under civil commitment and the response of the person to these efforts;
      3. (C) A copy of the request for revocation hearing as submitted to the court as notification of the person’s nonadherence to the conditions of placement;
      4. (D) Documentation of the disposition made by the court;
      5. (E) Documentation of the distribution of any modified conditions of placement or disposition placing the person in a higher level of care to all parties originally receiving copies of the conditions of placement; and
      6. (F) Date the person was transported to a higher level of care, and the name of the facility, if appropriate.

Statutory/Other Authority

ORS 413.042 & 426.275

Statutes/Other Implemented

ORS 426.005 - 426.395

History

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 309-200-0130