1. (1) The County of Responsibility carries out the responsibilities set forth within this rule set, regardless of where the defendant is placed. If applicable, the County of Responsibility works in collaboration with the County of Residence or other counties where the defendant has a concurrent aid and assist case.
2. (2) Consultation Reports include an Initial Community Consultation, Supplemental Community Consultation, 30-Day Community Transition Planning Update, and CMHP Notice of Available Placement. Consultation Reports must be submitted to the Court (when applicable), parties to the case, the Authority, and the State Hospital describing whether Community Restoration Services are present and available in the community. The report must be completed, using the “Consultation Report” available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx.
3. (3) The OHA Support Request is available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx.

4. (4) The CMHP Director must complete the following forms in accordance with their instructions:

   1. (a) An Initial or Supplemental Community Consultation when ordered by the Court and as described in OAR 309-088-0125 and OAR 309-088-0130;
   2. (b) A 30-Day Community Transition Planning Update and CMHP Notice of Available Placement as described in OAR 309-088-0125 and OAR 309-088-0130; and
   3. (c) An OHA Support Request form as described in OAR 309-088-0125 and OAR 309-088-0130.
5. (5) During completion of the forms contained within the Consultation Report, the CMHP Director must consult with the defendant and any Local Entity that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released in the community to determine whether Community Restoration Services are present and available. Local entities may include but are not limited to Veteran or Military services, Aging and People with Disability services, Intellectual and Developmental Disability services, tribal entities, other counties, and the defendant’s CCO.
6. (6) The Initial and Supplemental Community Consultations must occur through either an in-person meeting or video conference depending on the defendant’s individual clinical needs.

7. (7) Within five Judicial Days of the Court issuing an Initial or Supplemental Community Consultation order, the CMHP Director must:

   1. (a) Review available records related to defendant’s medical or service needs;
   2. (b) Consult with the defendant to assess what Community Restoration Services are recommended and whether the recommended Community Restoration Services are present and available in the community;
   3. (c) Consult with any Local Entity that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released to the community;
   4. (d) Thoroughly complete the Initial and Supplemental Community Consultation forms within the Consultation Report and include information about all Appropriate Placements, whether referrals are being accepted, status of referrals, and status of waitlists;

   5. (e) For defendants committed to the State Hospital, who are subject to a Secure Placement Order:

      1. (A) Determine whether a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.238 is present and available;
      2. (B) Determine if the defendant can be appropriately served in an environment that is not a Secure Placement; and
      3. (C) Include any reasonable and clinically appropriate alternatives in the Consultation Report.
   6. (f) For defendants committed to the State Hospital, ensure clinical assessments for appropriate level of care referrals are primarily guided by information and recommendations from the State Hospital’s treating clinical team.

8. (8) If, during completion of the Initial or Supplemental Community Consultation, the CMHP Director determines that Appropriate Placements are not present and available in the community, the CMHP Director must, within 5 Judicial Days of the court order include the following in the Supplemental Community Consultation to the Court, the Authority, and the State Hospital:

   1. (a) Information concerning the specific services necessary to safely allow the defendant to gain or regain Fitness to Proceed in the Least Restrictive Environment in the community;
   2. (b) A description of the necessary services that are not present and available in the community; and
   3. (c) An explanation why there are no Appropriate Placements.

9. (9) The CMHP Director must provide 30-Day Community Transition Planning Updates at least every 30 days:

   1. (a) To the Court, after the Supplemental Community Consultation, for placement status updates on all proposed Appropriate Placements and attempts to secure proposed Appropriate Placements that were not subject to a granted objection or when no Stop Order has been issued;
   2. (b) To the Court, after the Supplemental Community Consultation, when no Appropriate Placements have been identified, and no Stop Order has been issued; and
   3. (c) To the Authority and State Hospital upon commitment for Community Transition Planning until an Appropriate Placement is secured, regardless of the defendant's charges or Stop Orders.
10. (10) When an Appropriate Placement has been identified the CMHP Director must immediately complete the 30-Day Community Transition Planning Update form, within the Consultation Report, and provide a copy to the Authority, the State Hospital, and the Court if no Stop Order has been issued.

11. (11) The CMHP Director must notify the Authority immediately, using the OHA Support Request form, when:

    1. (a) A defendant has been Ready to Place (RTP) for 30 days, and no Appropriate Placement has been identified;
    2. (b) The CMHP Director receives a notice from the State Hospital that the defendant is within 30 days of end of commitment, and no Appropriate Placement has been identified; and
    3. (c) At the request of the Authority.
12. (12) The CMHP Director must immediately notify the Court, the Authority, and the State Hospital, using the CMHP Notice of Available Placement form within the Consultation Report, when a Stop Order has not been issued, and an Appropriate Placement has been secured by obtaining an anticipated admission date.
13. (13) Copies of the Consultation Report described in OAR 309-088-0125 will be automatically sent to the Authority when the form is submitted. CMHPs must submit Consultation Reports to the State Hospital at CMHP.Consults@odhsoha.oregon.gov and to the Court and parties to the case.
14. (14) Copies of the OHA Support Request described in OAR 309-088-0125 will be automatically sent to the Authority when the form is submitted.
15. (15) The CMHP Director must individually assess what services are appropriate for each defendant to gain or regain Fitness to Proceed. Lacking Fitness to Proceed does not automatically mean that Legal Skills Training is necessary to gain or regain Fitness to Proceed.
16. (16) The Initial and Supplemental Community Consultation required in OAR 309-088-0125 must be completed by a QMHP.
17. (17) The 30-Day Community Transition Planning Updates and CMHP Notice of Available Placement may be completed by a QMHA with approval of a QMHP.
18. (18) The OHA Support Request may be completed by a QMHA with approval of a QMHP.

Statutory/Other Authority

ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025)

Statutes/Other Implemented

ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370

History

BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026
BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026
BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024
BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022
BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022
BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020
MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018
MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018