309-033-0310 Recertification for Continued Civil Commitment. (1) Recertification for continued civil commitment of persons placed in a state hospital: (a) After consulting with the director of the person’s county of residence, the superintendent shall issue a recertification to: (A) The person whose 180-day period of civil commitment is due to expire, if the person is still a person with mental illness as defined by ORS 426.005 and is in need of further treatment; and (B) The director. (C) The recertification shall inform the person of their right to an attorney and that the state will provide one if indicated, that a request for additional time under civil commitment will be given to the court, that the person may contest the recertification within 14 days of receiving the recertification otherwise, if not contested, the person may be recommitted for an additional period of up to 180 days. (b) The superintendent shall notify the court concerning: (A) The date the recertification was issued to the person; and (B) Whether the person, within 14 days of the issuance of the recertification, protests to continued civil commitment. (2) Recertification for continued civil commitment of persons placed in a community hospital or nonhospital facility: (a) After consulting with the director of the person’s county of residence, the director shall issue a recertification to: (A) The person whose 180-day period of civil commitment is due to expire, if the person is still a person with mental illness and in need of further treatment; and (B) The director of the person’s county of residence. (C) The recertification shall inform the person of their right to an attorney and that the state will provide one if indicated, that a request for additional time under civil commitment will be given to the court, that the person may contest the recertification within 14 days of receiving the recertification otherwise, if not contested, the person may be recommitted for an additional period of up to 180 days. (b) The director shall notify the court concerning: (A) The date recertification was issued to the person; and (B) Whether the person, within 14 days of the issuance of the recertification, protests continued civil commitment. (3) Documentation of recertification for continued civil commitment in the clinical record. The director or the superintendent making the recertification shall include in the clinical record: (a) The date and time the director’s approval of continued civil commitment was obtained prior to the recertification being issued to the person; (b) The date and time the recertification was issued to the person; (c) A copy of the recertification issued to the person; (d) Concerning the notification to the court of the date the recertification was issued to the person: (A) The date and time that the court was notified of the issuance of the recertification to the person; and (B) A copy of the notification. (e) Concerning the notification to the court of whether the person, within 14 days of the issuance of the recertification, protests continued civil commitment: (A) The date and time that the court was notified of whether the person protests; and (B) A copy of the notification to the court whether the person protests. (f) If an examination is requested by the person: (A) The name of the psychiatrist or the certified mental health examiner ordered by the court to conduct the examination; (B) The date that the examination was conducted; and (C) A copy of the examination report sent to the court. (g) If the court orders continued civil commitment, a copy of the order continuing the civil commitment; and (h) If the court orders the release of the person: (A) A copy of the order requiring release; (B) If the person consents to services upon discharge, a copy of an aftercare plan signed by the person and the name of the case manager responsible for arranging outpatient services; or (C) If the person refuses services upon discharge, a statement signed by the person indicating the person’s refusal of outpatient services; and (D) The date and time the person was released from the facility. Statutory/Other Authority: ORS 413.042, 426.301 & 426.307 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 309-200-0120