justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.220. Voluntary admission; leave of absence; notice to parent or guardian. (1) Pursuant to rules and regulations promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient, any person who may have a nervous disorder or a mental illness, and who voluntarily has made written application for such admission. No person under the age of 18 years shall be admitted as a patient to any such state hospital unless an application therefor in behalf of the person has been executed by the parent, adult next of kin or legal guardian of the person. Except when a period of longer hospitalization has been imposed as a condition of admission, pursuant to rules and regulations of the authority, no person voluntarily admitted to any state hospital shall be detained therein more than 72 hours after the person, if at least 18 years of age, has given notice in writing of a desire to be discharged therefrom, or, if the patient is under the age of 18 years, after notice in writing has been given by the parent, adult next of kin or legal guardian of the person that such parent, adult next of kin or legal guardian desires that such person be discharged therefrom. (2) Any person voluntarily admitted to a state hospital pursuant to this section may upon application and notice to the superintendent of the hospital concerned, be granted a temporary leave of absence from the hospital if such leave, in the opinion of the superintendent, will not interfere with the successful treatment or examination of the applicant for leave. (3) Upon admission or discharge of a minor to or from a state hospital the superintendent shall immediately notify the parent or guardian.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.223. Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others. In retaking custody of a person with mental illness who has been committed to the Oregon Health Authority under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.225. Voluntary admission to state hospital of committed person; examination by licensed independent practitioner. (1) If any person who has been committed to the Oregon Health Authority under ORS 426.127 or 426.130 (1)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a state hospital, the superintendent shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, the person shall be voluntarily admitted. (2) If any person who has been committed to the authority under ORS 426.127 or
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.226. [1953 c.597 3; 1969 c.391 5; 1969 c.638 6; repealed by 1975 c.690 28] (Emergency Care and Treatment)
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.228. Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person. (1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state: (a) The reason for custody; (b) The date, time and place the person was taken into custody; and (c) The name of the community mental health program director and a telephone number where the director may be reached at all times. (2) A peace officer shall take a person into custody when the community mental health program director, pursuant to ORS 426.233, notifies the peace officer that the director has probable cause to believe that the person is imminently dangerous to self or to any other person. As directed by the community mental health program director, the peace officer shall remove the person to a hospital or nonhospital facility approved by the authority. The community mental health program director shall prepare a written report that the peace officer shall deliver to the licensed independent practitioner who is treating the person. The report shall state: (a) The reason for custody; (b) The date, time and place the person was taken into custody; and (c) The name of the community mental health program director and a telephone number where the director may be reached at all times. (3) If more than one hour will be required to transport the person to the hospital or nonhospital facility from the location where the person was taken into custody, the peace officer shall obtain, if possible, a certificate from a licensed independent practitioner stating that the travel will not be detrimental to the persons physical health and that the person is dangerous to self or to any other person and is in need of immediate care or treatment for mental illness. The licensed independent practitioner shall have personally examined the person within 24 hours prior to signing the certificate. (4) When a peace officer or other authorized individual, acting under this section, delivers a person to a hospital or nonhospital facility, a licensed independent practitioner shall examine the person immediately. If the licensed independent practitioner finds the person to be in need of emergency care or treatment for mental illness, the licensed independent practitioner shall proceed under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.230. [Amended by 1955 c.651 7; repealed by 1957 c.388 17]
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.231. Hold by licensed independent practitioner; when authorized; statement required. (1) A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if: (a) The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness; (b) The licensed independent practitioner is not related to the person by blood or marriage; and (c) A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting. (2) Before transporting the person, the licensed independent practitioner shall prepare a written statement that: (a) The licensed independent practitioner has examined the person within the preceding 12 hours; (b) A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of the person for examination and admission if appropriate; and (c) The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness. (3) The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement. [1993 c.484 3; 1997 c.531 3; 2009 c.595 403; 2013 c.360 39; 2015 c.461 12] Note: See note under
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.234. Duties of professionals at facility where person admitted; notification; duties of court. (1) At the time a person alleged to have a mental illness is admitted to or retained in a hospital or nonhospital facility under ORS 426.232 or 426.233, a licensed independent practitioner, nurse or qualified mental health professional at the hospital or nonhospital facility shall: (a) Inform the person of the persons right to representation by or appointment of counsel as described in ORS 426.100; (b) Give the person the warning under ORS 426.123; (c) Immediately examine the person; (d) Set forth, in writing, the condition of the person and the need for emergency care or treatment; and (e) If the licensed independent practitioner, nurse or qualified mental health professional reasonably suspects that the person is a foreign national, inform the person of the persons right to communicate with an official from the consulate of the persons country. A licensed independent practitioner, nurse or qualified mental health professional is not civilly or criminally liable for failure to provide the information required by this paragraph. Failure to provide the information required by this paragraph does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. (2)(a) At the time the person is admitted to or retained in a hospital under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.235. Transfer between hospital and nonhospital facilities. (1) The community mental health program director may transfer a person in custody under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.236. Rules. The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 426.155 and 426.228 to 426.238. [1993 c.484 8; 2001 c.481 4; 2009 c.595 408] Note: See note under
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.237. Prehearing detention; duties of community mental health program director; certification for treatment; court proceedings. (1) During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.238. Classifying facilities. The Oregon Health Authority may assign classifications, as defined by rule of the authority, to facilities that provide care and treatment for persons committed to the authority under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.240. [Amended by 1959 c.652 22; 1975 c.690 16; repealed by 1977 c.764 4 (426.241 enacted in lieu of 426.240)] (Costs)
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.241. Payment of care, custody and treatment costs; denial of payment; rules. (1) The cost of emergency psychiatric care, custody and treatment related to or resulting from such psychiatric condition, provided by a hospital or other facility approved by the Oregon Health Authority and the community mental health program director of the county in which the facility is located, except a state hospital, for a person alleged to have a mental illness who is admitted or detained under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.250. Payment of costs related to commitment proceedings. The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter as described: (1) Any physician or qualified professional recommended by the Oregon Health Authority who is employed under ORS 426.110 to make an examination as to the mental condition of a person alleged to have a mental illness shall be allowed a fee as the court in its discretion determines reasonable for the examination. (2) Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases, and are subject to compulsory attendance in the same manner as provided in ORS 136.567 to 136.603. The attendance of out-of-state witnesses may be secured in the same manner as provided in ORS 136.623 to 136.637. The party who subpoenas the witness or requests the court to subpoena the witness is responsible for payment of the cost of the subpoena and payment for the attendance of the witness at a hearing. When the witness has been subpoenaed on behalf of a person alleged to have a mental illness who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055. If the costs of witnesses subpoenaed by the person are paid as provided under this subsection, the procedure for subpoenaing witnesses shall comply with ORS 136.570. (3) If a person with a right to a counsel under ORS 426.100, 426.701 or 426.702 is determined to be financially eligible for appointed counsel at state expense, the executive director of the Oregon Public Defense Commission shall determine and pay, as provided in ORS 135.055, the reasonable expenses related to the representation of the person and compensation for legal counsel. The expenses and compensation so allowed shall be paid by the executive director from funds available for the purpose. (4) The authority shall pay the costs of expenses incurred under ORS 426.100 by the Attorney Generals office. Any costs for district attorneys or other counsel appointed to assume responsibility for presenting the states case shall be paid by the county where the commitment hearing is held, subject to reimbursement under ORS 426.310. (5) All costs incurred in connection with a proceeding under ORS 426.180, 426.701 or 426.702, including the costs of transportation, commitment and delivery of the person, shall be paid by the community mental health program in the county of which the person is a resident. If the person is not a resident of this state, then the costs incurred in connection with the proceeding shall be paid by the community mental health program in the county from which the emergency admission was made. (6) All costs incurred in connection with a proceeding under ORS 426.180 for the commitment of a person from a reservation, including the cost of transportation, commitment and delivery of the person, shall be paid by the governing body of the reservation of which the person is a resident.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.255. County to pay costs. Costs of hearings conducted pursuant to ORS 426.307, and the fees for physicians and other examiners shall be charged to the county of the persons residence in the same manner provided by ORS 426.310, whether the hearing is held in the county of residence or county of the treating facility.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.260. [Amended by 1955 c.651 8; repealed by 1957 c.160 6]
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.270. [Amended by 1955 c.651 9; repealed by 1957 c.160 6] (Trial Visits; Conditional Release; Outpatient Commitment; Early Release)
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.273. (ii) Is dangerous to self or to any other person or is unable to provide for basic personal needs and is not receiving the care that is necessary for health and safety and is in need of immediate care, custody or treatment for mental illness. (b) The community mental health program director or designee under the circumstances set out in paragraph (a) of this subsection may: (A) Notify a peace officer to take the person into custody and direct the officer to remove the person to a hospital or nonhospital facility approved by the Oregon Health Authority; (B) Authorize involuntary admission of, or, if already admitted, cause to be involuntarily retained in a nonhospital facility approved by the authority, a person approved for care or treatment at a nonhospital facility by a licensed independent practitioner under ORS 426.232; (C) Notify an individual authorized under subsection (3) of this section to take the person into custody and direct the authorized individual to remove the person in custody to a hospital or nonhospital facility approved by the authority; (D) Direct an individual authorized under subsection (3) of this section to transport a person in custody from a hospital or a nonhospital facility approved by the authority to another hospital or nonhospital facility approved by the authority as provided under ORS 426.235; or (E) Direct an individual authorized under subsection (3) of this section to transport a person in custody from a facility approved by the authority to another facility approved by the authority as provided under ORS 426.060. (2) A designee under subsection (1) of this section must meet the standards established by rule of the authority and be approved by the community mental health program director before assuming the authority permitted under subsection (1) of this section. (3) The community mental health program director may authorize any individual to provide custody and secure transportation services for a person in custody under ORS 426.228. In authorizing an individual under this subsection, the community mental health program director shall grant the individual the authority to do the following: (a) Accept custody from a peace officer of a person in custody under ORS 426.228; (b) Take custody of a person upon notification by the community mental health program director under the provisions of this section; (c) Remove a person in custody to an approved hospital or nonhospital facility as directed by the community mental health program director; (d) Transfer a person in custody to another individual authorized under this subsection or a peace officer; (e) Transfer a person in custody from a hospital or nonhospital facility to another hospital facility or nonhospital facility when directed to do so by the community mental health program director; and (f) Retain a person in custody at the approved hospital or nonhospital facility until a licensed independent practitioner makes a determination under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.275. Effect of failure to adhere to condition of placement. The following are applicable to placements of persons with mental illness that are made as conditional release under ORS 426.125, outpatient commitments under ORS 426.127 or trial visits under ORS 426.273 as described: (1) If the individual responsible under this subsection determines that a person with mental illness is failing to adhere to the terms and conditions of the placement, the responsible individual shall notify the court having jurisdiction that the person with mental illness is not adhering to the terms and conditions of the placement. If the placement is an outpatient commitment under ORS 426.127 or a trial visit under ORS 426.273, the notifications shall include a copy of the conditions for the placement. The individual responsible for notifying the court under this subsection is as follows: (a) For conditional releases under ORS 426.125, the guardian, relative or friend in whose care the person with mental illness is conditionally released. (b) For outpatient commitments under ORS 426.127, the community mental health program director, or designee of the director, of the county in which the person on outpatient commitment lives. (c) For trial visits under ORS 426.273, the community mental health program director, or designee of the director, of the county in which the person on trial visit is to receive outpatient treatment. (2) On its own motion, the court with jurisdiction of a person with mental illness on placement may cause the person to be brought before it for a hearing to determine whether the person is or is not adhering to the terms and conditions of the placement. The person shall have the same rights with respect to notice, detention stay, hearing and counsel as for a hearing held under ORS 426.095. The court shall hold the hearing within five judicial days of the date the person with mental illness receives notice under this section. The court may allow postponement and detention during postponement as provided under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.278. Distribution of copies of conditions for outpatient commitment or trial visit. The Oregon Health Authority shall provide to each of the following individuals or entities a copy of the conditions of an outpatient commitment under ORS 426.127 or a trial visit under ORS 426.273: (1) The committed person; (2) The community mental health program director, or designee of the director, of the county in which the committed person is to receive outpatient treatment; (3) The director of any facility, service or other provider designated to provide care or treatment; (4) The court of current commitment; and (5) The appropriate court of the county in which the committed person lives during the commitment period if the person is living in a different county than the county of the court that made the current commitment.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.280. c.736 68]
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.290. [Amended by 1959 c.513 1; 1961 c.228 2; 1969 c.391 6; 1973 c.838 27; 1975 c.690 18; repealed by 1985 c.242 1 (426.273, 426.275 and 426.292 enacted in lieu of
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.292. Release prior to expiration of term of commitment. Nothing in this chapter and ORS 430.397 to 430.401 prohibits the Oregon Health Authority from releasing a person from a hospital or other facility in which the person is being treated prior to the expiration of the period of commitment under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.295. Judicial determination of competency; restoration of competency. (1) No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent. (2) Upon petition of a person committed to a state hospital, or the guardian, relative or creditor of the person or other interested person, the court of competent jurisdiction in the county in which the state hospital is located or, if the petitioner requests a hearing in the county where the commitment originated, then the court in such county shall hold a hearing to determine whether or not the person in the state hospital is competent. A guardian who is not the petitioner shall be notified of the hearing at least three days before the date set for hearing. After the hearing the court shall enter an order pursuant to its finding and serve a copy of the order on the petitioner and forward a copy of the order to the committing court. (3) When a person committed to a state hospital has been declared incompetent pursuant to subsection (2) of this section and is discharged from the hospital, the superintendent of the hospital shall advise the court which entered the order of incompetency whether or not, in the opinion of the chief medical officer of the hospital on the basis of medical evidence, the person is competent. The superintendent shall make a reasonable effort to notify the discharged person of the advice to the court. If the court is advised that the person is competent, the court shall enter an order to that effect. If the court is advised that the person is not competent, upon petition of the person, the guardian, relative or creditor of the person or other interested person, the court shall hold a hearing to determine whether or not the discharged person is competent. The court shall serve a copy of any order entered pursuant to this subsection on the person and forward a copy of such order to the committing court.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.297. Payment of expenses for proceeding under ORS 426.295. (1) The expenses of a proceeding under ORS 426.295 (2) shall be paid by the person with mental illness, unless it appears from the affidavit of the person or other evidence that the person is unable to pay the expenses. If the person is unable to pay, the expenses of the proceedings shall be paid by the community mental health program in the county of which the person was a resident at the time of admission. If the county of residence cannot be established, the community mental health program in the county from which the person was admitted shall pay the expenses. (2) The expenses of the proceeding under ORS 426.295 (3) shall be paid by the petitioner. (3) Any physician employed by the court to make an examination as to the mental condition of a person subject to a competency proceeding under ORS 426.295 or