309-033-0815 Temporary rule language in effect until 06/29/2026. Diversion from Commitment (1) 14-Day Diversion from Commitment. The CMHP director may offer a person a diversion at any time prior to the conclusion of a civil commitment hearing for an initial period of up to 14 calendar days. (a) If the CMHP director and a LIP have probable cause to believe the person has a mental illness and is in need of treatment and they both agree that there is a hospital or nonhospital facility available to meet the person’s needs, then notice must be provided as follows: (A) The CMHP director must provide notice of the diversion to the person alleged to have a mental illness and be in need of treatment, in writing and orally; (B) The CMHP director must notify the court having jurisdiction of the investigation that the diversion from commitment will begin. (b) A proper notice must include: (A) An attestation of probable cause signed by the director and the LIP. An attestation may be: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.” (B) A diversion treatment plan. (C) Notice of the person’s right to request and be provided a hearing at any time during the diversion treatment plan. (D) Notice of the person’s right to counsel. (E) Date and time the notice was given to the person alleged to have a mental illness and be in need of treatment. (F) The notice nor attestation is required to be notarized. (2) Diversion treatment plan. The director and the treating LIP shall prepare a diversion treatment plan that describes, in general terms, the types of treatment and medication to be provided during the diversion. The general treatment plan shall be descriptive of the range of services and medications to be provided, and shall include a description of: (a) Any of the following classes of medication, if medication is to be administered: (A) Antipsychotics; (B) Antidepressants; (C) Mood stabilizers; (D) Anti-anxiety medications; or (E) Anti-side effect medications. (b) Mental health interventions, therapies or diagnostic procedures to be employed; (c) The person’s preferences about medications and therapies and any limitations on the specific use of medications or therapies to which the director and the treating LIP have agreed; (d) Location where treatment is to be initiated and the type of hospital or nonhospital facilities where the person may be transferred during the diversion; or (e) Other conditions or limitations agreed to by the person and the director concerning the care or treatment that is to be provided. (f) Any prescribed medications and any restraint or seclusion practices which may be employed in an emergency to assure health or safety. (3) If, following consultation with legal counsel and reviewing the proposed diversion treatment plan, the person: (a) Does not accept the offer of diversion, a hearing as required by ORS 426.070 must be held no later than five judicial days following the person’s initial detention. (b) Does accept the offer of diversion, the court must be immediately notified so that the hearing may be postponed for no more than 14 calendar days from the day the person accepted the offer of diversion. (c) Should the CMHP director or designee and the LIP determine the person still fulfills the criteria in subsection (1)(a), the CMHP director may offer to extend the diversion from commitment by up to another period of 14 calendar days. (A) If the person agrees to the extension, the CMHP director must immediately notify the court and the hearing will be postponed for an additional 14 calendar days. (B) A person who agrees to the extension shall not be held for more than 28 days from the date of agreement to the initial period of diversion without a civil commitment hearing per ORS 426.130. (4) Consent for non-psychiatric care. A treating LIP shall obtain the person’s consent for non-psychiatric medical care and treatments which may be prescribed during the diversion. The diversion treatment plan for psychiatric intervention shall not include plans for non-psychiatric medical care or treatment. (5) LIP to provide information. The LIP shall provide the information described in OAR 309-033-0620 when administering a specific medication. (6) Nonadherence to treatment plan or demand for discharge. The person on diversion may decline the psychiatric treatment described in the diversion treatment plan or demand discharge at any time during the initial or extended diversion by signing the form described in this paragraph or, if the person does not sign the form, by verbally declining treatment or demanding discharge to two known staff of the facility. In accepting the person’s disengagement with treatment or demand for discharge the staff of the facility shall: (a) Provide the person a warning, both verbally and in writing, at the person’s first indication that they wish to decline treatment or demand discharge, which states: "If you decline psychiatric treatment described in the diversion treatment plan or demand to be discharged you may be required to appear at an involuntary civil commitment hearing. It is your right to request an involuntary civil commitment hearing at this time. If a judge finds that you have a mental disorder, are a danger to yourself or others, are unable to meet your basic personal needs, or otherwise meet civil commitment criteria, you may be civilly committed for up to 180 days. However, if a judge finds you do not meet those criteria, you may be released. The treatment in which you were to participate as a condition of avoiding a civil commitment hearing is described in your diversion treatment plan. You were given a copy of your diversion treatment plan when you accepted the diversion. You may see the copy of your diversion treatment plan on file with this facility at any time. You may talk with your attorney before you decline this treatment, demand discharge, or request a hearing." (b) If, after receiving the warning regarding ending the diversion, the person still declines treatment, demands discharge, or requests a hearing, offer the person the following form to sign: “Notice: If you decline psychiatric treatment described in your diversion treatment plan or demand discharge you may be required to appear at an involuntary civil commitment hearing. You have a right to request an involuntary civil commitment hearing at this time. If a judge finds that you have a mental disorder, are a danger to yourself or others, are unable to meet your basic personal needs, or otherwise meet civil commitment criteria, you may be civilly committed for up to 180 days. The psychiatric treatment in which you were to participate as a condition of avoiding a civil commitment hearing is described in your diversion treatment plan. You were given a copy of your diversion treatment plan when you accepted the diversion. You may see the copy of your diversion treatment plan on file with this facility at any time. You may talk with your attorney before you decline this treatment, demand discharge, or request a hearing. I decline the treatment described in my diversion treatment plan. I request a hearing before the circuit court. ___________________________ Signature of Person Alleged to Have a Mental Illness and be in need of treatment.” (c) If the person does not sign the form described in this section and verbally or nonverbally declines treatment, the staff of the facility shall document on the form and in the person’s clinical record, that the person did not sign the form; (d) Immediately upon the person declining treatment, demanding discharge or requesting a hearing, the treating LIP shall treat the person as a person in custody, as provided under ORS 426.072, and shall immediately notify the director. The director shall immediately: (A) Notify the person and the person’s legal counsel that refusal of treatment may result in a civil commitment hearing; and (B) If, after providing the person one judicial day to re-engage the diversion treatment plan, the CMHP director determines that the person is not likely to re-engage meaningfully, the CMHP director may request a hearing. (7) A person shall only be offered a diversion from commitment if payment for the care, custody and treatment is approved verbally by the director of the county of residence as provided under ORS 426.237. The director of the county of residence’s approval shall be documented by a written statement, signed by the director, and distributed by the end of the diversion period as follows: (a) The original shall be filed in the clinical record at the Community Mental Health Program; and (b) A copy shall be delivered to each facility serving the person during the diversion period. Statutory/Other Authority: ORS 413.042, 426.236, 426.237 & HB 2005 (2025) Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 30-2025, temporary adopt filed 12/29/2025, effective 01/01/2026 through 06/29/2026