ORS 426.074
Investigation

  • procedure
  • content
  • report

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 (Initiation) and 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities):

(1)

If the person alleged to have a mental illness is held in custody before the hearing the investigation shall be completed at least 24 hours before the hearing under ORS 426.095 (Commitment hearing), otherwise the investigation shall comply with the following time schedule:

(a)

If the person can be located, the investigator shall contact the person within three judicial days from the date the community mental health program director or a designee receives a notice under ORS 426.070 (Initiation) alleging that the person has a mental illness and is in need of treatment.

(b)

Within 15 days from the date the community mental health program director or a designee receives a notice under ORS 426.070 (Initiation), one of the following shall occur:

(A)

The investigation shall be completed and submitted to the court.

(B)

An application for extension shall be made to the court under paragraph (c) of this subsection.

(c)

The community mental health program director, a designee or the investigator may file for an extension of the time under paragraph (b) of this subsection only if one of the following occurs:

(A)

A treatment option less restrictive than involuntary inpatient commitment is actively being pursued.

(B)

The person alleged to have a mental illness cannot be located.

(d)

A court may grant an extension under paragraph (c) of this subsection for a time and upon the terms and conditions the court considers appropriate.

(2)

This subsection establishes a nonexclusive list of provisions applicable to the content of the investigation, as follows:

(a)

The investigation conducted should, where appropriate, include an interview or examination of the person alleged to have a mental illness in the home of the person or other place familiar to the person.

(b)

Whether or not the person consents, the investigation should include interviews with any individuals that the investigator has probable cause to believe have pertinent information regarding the investigation. If the person objects to the contact with any individual, the objection shall be noted in the investigator’s report.

(c)

The investigator shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention to determine probable cause and to develop alternatives to commitment. If commitment is proposed because the person appears to be a person with mental illness as defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C), the investigator shall be allowed access to medical records necessary to verify the existence of criteria described in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C). The investigator shall include pertinent parts of the medical record in the investigation report. Records and communications described in this paragraph and related communications are not privileged under ORS 40.230 (Rule 504. Psychotherapist-patient privilege), 40.235 (Rule 504-1. Physician-patient privilege), 40.240 (Rule 504-2. Nurse-patient privilege) or 40.250 (Rule 504-4. Regulated social worker-client privilege).

(3)

A copy of the investigation report shall be provided as soon as possible, but in no event later than 24 hours prior to the hearing, to the person and to the person’s counsel. Copies shall likewise be provided to counsel assisting the court, to the examiners and to the court for use in questioning witnesses. [1987 c.903 §10; 1989 c.993 §5; 1993 c.484 §14; 1997 c.649 §1; 2009 c.595 §387; 2009 c.828 §27; 2013 c.360 §20; 2015 c.461 §4]

Source: Section 426.074 — Investigation; procedure; content; report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

426.005
Definitions for ORS 426.005 to 426.390
426.010
State hospitals for persons with mental illness
426.020
Superintendent
426.060
Commitment to Oregon Health Authority
426.070
Initiation
426.072
Care while in custody
426.074
Investigation
426.075
Notice and records of treatment prior to hearing
426.080
Execution and return of citation or warrant of detention
426.090
Citation
426.095
Commitment hearing
426.100
Advice of court
426.110
Appointment of examiners
426.120
Examination report
426.123
Observation of person in custody
426.125
Qualifications and requirements for conditional release
426.127
Outpatient commitment
426.129
Community liaison
426.130
Court determination of mental illness
426.133
Assisted outpatient treatment
426.135
Counsel on appeal
426.140
Place of confinement
426.150
Transportation to treatment facility
426.155
Release of information about person held in custody pending commitment proceeding or while committed or recommitted
426.160
Disclosure of record of commitment proceeding
426.170
Delivery of certified copy of record
426.180
Emergency commitment of individuals in Indian country
426.200
Duties following emergency admission
426.210
Limit of detention after commitment in emergency proceedings
426.217
Change of status of committed patient to voluntary patient
426.220
Voluntary admission
426.223
Retaking persons in custody of or committed to Oregon Health Authority
426.225
Voluntary admission to state hospital of committed person
426.228
Custody
426.231
Hold by licensed independent practitioner
426.232
Emergency admission
426.233
Authority of community mental health program director and of other individuals
426.234
Duties of professionals at facility where person admitted
426.235
Transfer between hospital and nonhospital facilities
426.236
Rules
426.237
Prehearing detention
426.238
Classifying facilities
426.241
Payment of care, custody and treatment costs
426.250
Payment of costs related to commitment proceedings
426.255
County to pay costs
426.273
Trial visits
426.275
Effect of failure to adhere to condition of placement
426.278
Distribution of copies of conditions for outpatient commitment or trial visit
426.292
Release prior to expiration of term of commitment
426.295
Judicial determination of competency
426.297
Payment of expenses for proceeding under ORS 426.295
426.300
Discharge of committed persons
426.301
Release of committed person
426.303
Effect of protest of further commitment
426.307
Court hearing
426.309
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
426.310
Reimbursement of county expenses for commitment proceedings involving nonresidents
426.320
Payment of certain expenses by the state
426.330
Presentation and payment of claims
426.335
Limitations on liability
426.370
Withholding information obtained in certain commitment or admission investigations
426.380
Availability of writ of habeas corpus
426.385
Rights of committed persons
426.390
Construction
426.395
Posting of statement of rights of committed persons
426.415
Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age
426.490
Policy
426.495
Definitions for ORS 426.490 to 426.500
426.500
Powers and duties of Oregon Health Authority
426.502
Definitions for ORS 426.502 to 426.508
426.504
Power of Oregon Health Authority to develop community housing for persons with chronic mental illness
426.506
Community Mental Health Housing Fund
426.508
Sale of F. H. Dammasch State Hospital
426.510
“Sexually dangerous person” defined
426.650
Voluntary admission to state institution
426.670
Treatment programs for sexually dangerous persons
426.675
Determination of sexually dangerous persons
426.680
Trial visits for probationer
426.701
Commitment of “extremely dangerous” person with qualifying mental disorder
426.702
Discharge from commitment of extremely dangerous person with qualifying mental disorder
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