Emergency commitment of individuals in Indian country
(1) ORS 426.180 (Emergency commitment of individuals in Indian country) to 426.210 (Limit of detention after commitment in emergency proceedings) apply to the commitment of an individual in Indian country if a federally recognized Indian tribe that has Indian country located within this state chooses to exercise the tribe’s authority over the commitment.
(2) As used in this section and ORS 426.200 (Duties following emergency admission) and 426.210 (Limit of detention after commitment in emergency proceedings), “hospital” means a hospital that is licensed under ORS chapter 441, other than an institution listed in ORS 426.010 (State hospitals for persons with mental illness).
(3) If the court of a tribe having jurisdiction over an individual issues an order finding that the individual is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness, a person may request that the individual be taken by a tribal police officer or other peace officer to a hospital or nonhospital facility by submitting to the officer a certified copy of the order and an affidavit that includes:
(a) The name and address of the nearest relative or legal guardian of the individual; and
(b) A medical history completed by one of the following, who may not be related to the individual by blood or marriage:
(A) The tribe’s mental health authority, if the tribe has entered into an agreement with the state pursuant to ORS 430.630 (Services to be provided by community mental health programs) (9)(a)(B);
(B) A qualified mental health professional; or
(C) A licensed independent practitioner.
(4) Upon receipt of the order and affidavit described in subsection (3) of this section, the tribal police officer or other peace officer shall immediately transport the individual to a hospital or a nonhospital facility and present the individual to the hospital or nonhospital facility accompanied by the court order and affidavit.
(5) The director of the hospital or nonhospital facility may refuse to admit the individual if a licensed independent practitioner, after reviewing the documents accompanying the individual, is not satisfied that an emergency exists or that the individual is dangerous to self or others and in need of immediate care, custody or treatment for mental illness.
(6) If the hospital or nonhospital facility admits the individual, the director or a licensed independent practitioner shall notify the community mental health program director for the area and the circuit court with jurisdiction in the area where the facility is located. Upon receipt of the notice, the community mental health program director shall initiate commitment proceedings in accordance with ORS 426.070 (Initiation).
(7) If an individual is admitted to a hospital or nonhospital facility under this section, any licensed independent practitioner who is treating the individual shall give the individual the warning under ORS 426.123 (Observation of person in custody).
(8) This section may be applied as provided by agreement with the governing body of the reservation. Payment of costs for a commitment made under this section shall be as provided under ORS 426.250 (Payment of costs related to commitment proceedings).
(9) The director of the hospital or nonhospital facility or licensed independent practitioner shall notify the appropriate tribe regarding all actions taken under ORS 426.180 (Emergency commitment of individuals in Indian country) to 426.210 (Limit of detention after commitment in emergency proceedings) no later than 24 hours after the action is taken, except for information protected from disclosure by state or federal law. [Amended by 1953 c.442 §2; 1975 c.690 §12; 1987 c.903 §21; 2007 c.70 §204; 2009 c.595 §397; 2012 c.25 §1; 2015 c.461 §9; 2019 c.247 §2]
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