309-088-0125 Temporary rule language in effect until 03/27/2026. CMHP Consultation Reports and OHA Notification/Support Requests (1) The County of Responsibility carries out the responsibilities set forth within this rule set 309-088-0125, 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) Consultation Reports include an Initial Community Consultation, Supplemental Community Consultation, 30-Day Community Transition Planning Update and CMHP Notice of Available Placement. Definitions can be found in OAR 309-088-0115. Consultation Reports must be submitted to the Court (when applicable), parties to the case, the Authority and the State Hospital describing whether appropriate 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) The OHA Notification/OHA Support Request includes an OHA Notification form and OHA Support Request form. The OHA Notification/OHA Support Request is available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx. (4) The CMHP Director must complete: (a) An Initial or Supplemental Community Consultation when ordered by the court and as described within OAR 309-088-0125 and OAR 309-088-0130; (b) A 30-Day Community Transition Planning Update and CMHP Notice of Available Placement as described within OAR 309-088-0125 and OAR 309-088-0130; (c) An OHA Notification form as described within OAR 309-088-0125 and OAR 309-088-0130; (d) An OHA Support Request form as described within OAR 309-088-0125 and OAR 309-088-0130; and a ll forms must be completed in accordance with the forms instructions. (5) During completion of the forms within the Consultation Report the CMHP Director must consult with the defendant and any Local Entity, as defined in OAR 309-088-0115, that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released in the community, which includes but is 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, to determine whether appropriate Community Restoration Services are present and available in the community. (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) Within five Judicial Days of the Court issuing an Initial or Supplemental Community Consultation order the CMHP Director must: (a) Review available records related to defendant’s medical or service needs; (b) Consult with the defendant to assess what Community Restoration Services are recommended and whether appropriate Community Restoration Services are present and available in the community; (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 in the community; (d) Thoroughly complete the Initial and Supplemental Community Consultation forms within the Consultation Report, which includes but is not limited to, information about all available Appropriate \Placements, whether referrals are being accepted, status of referrals, and status of waitlists; (e) For defendants committed to the State Hospital, who are subject to a Secure Placement Order: (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; (B) Determine if the defendant can be appropriately served in an environment that is not a secured placement; and (C) Include any reasonable and clinically appropriate alternatives in the Consultation Report. (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 Hospitals treating clinical team. (8) If, during completion of the Initial or Supplemental Community Consultation, the CMHP Director's consultation with Local Entities determines that Appropriate Placements are not present and available in the community, the CMHP Director must, within 5 judicial days of the court order: (a) After submission of the Supplemental Community Consultation, notify the Authority immediately using the OHA Notification form within the OHA Notification/Support Request; (b) At the request of the Authority, using the OHA Support Request form within the OHA Notification/Support Request, the Director must consult with the Authority and follow recommendations of the staffing held with OHA; and (c) Include the following information in the Initial or Supplemental Community Consultation to the Court, the Authority and the State Hospital: (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; (B) The necessary services that are not present and available in the community; and (C) Information regarding why there are no Appropriate Placements. (9) The CMHP Director must provide 30-Day Community Transition Planning Updates at least every 30 days: (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; (b) To the Court, after the Supplemental Community Consultation, when no Appropriate Placements have been identified and no Stop Order has been issued; and (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) The CMHP Director must provide a 30-Day Community Transition Planning Update, when no Stop Order has been issued, immediately to the Court, the Authority and the State Hospital when an Appropriate Placement has been identified. (11) The CMHP Director must notify the Authority immediately, using the OHA Support Request form within the OHA Notification/Support Request, when: (a) A defendant has been Ready to Place (RTP) for 30 days and no Appropriate Placement has been identified; (b) The CMHP Director receives a notice of release from the State Hospital 60 days prior to a defendants end of commitment, and no Appropriate Placement has been identified; and (c) At the request of the Authority. (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. (13) Copies of the Consultation Report described in OAR 309-088-0125 will be autogenerated to the Authority. CMHPs must submit Consultation Reports to the State Hospital at CMHP.Consults@odhsoha.oregon.gov and to the Court and parties to the case using the process agreed upon in their jurisdiction. (14) Copies of the OHA Notification/OHA Support Request described in OAR 309-088-0125 will be autogenerated to the Authority when each form is submitted. (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) The Initial and Supplemental Community Consultation required in OAR 309-088-0125 must be completed by a QMHP. (17) The 30-Day Community Transition Planning Updates and CMHP Notice of Available Placement must be approved by a QMHP. (18) The OHA Notification/OHA Support Request must be approved by 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 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