OAR 291-048-0260: Involuntary Assignment to a Mental Health Infirmary

(1) An adult in custody may be involuntarily assigned to a Mental Health Infirmary for evaluation for a period not to exceed five working days , by approval of the Behavioral Health Services program manager, prescribing practitioner, or Behavioral Health Services administrator for the Mental Health Infirmary or designee , only upon a finding of reasonable grounds. (2 ) Assessment: Within five working days following assignment to a Mental Health Infirmary, the mental health treatment team will assess the need for treatment. The following mental health information shall be considered by the prescribing practitioner in making the assessment: (a) Mental health diagnoses; (b ) Potential therapeutic effect of a change in environment; ( c ) Potential for development of an individualized treatment plan for the adult in custody that is available within a Mental Health Infirmary and is likely to benefit the adult in custody ; ( d ) Ability to function in the general population; and ( e ) Any other factors substantially related to the mental health of the adult in custody, as applicable, including observations made by employees , individual diagnostic interviews , and tests assessing intellect and coping abilities. ( 3 ) Upon completion of the assessment and compilation of the adult in custody's mental health history: ( a ) If the mental health treatment team determines the adult in custody is not in need of the level of care in a Mental Health Infirmary, the adult in custody will be returned to their former status or referred to mental health treatment , as appropriate. ( b ) If the mental health treatment team determines the adult in custody needs the level of care in a Mental Health Infirmary, an individualized treatment plan will be developed . ( 4 ) The adult in custody will be given the opportunity to voluntarily admit to a Mental Health Infirmary. ( 5 ) If the adult in custody is unwilling to be voluntarily admitted, the prescribing practitioner may admit the adult in custody on an involuntary basis. ( a ) The prescribing practitioner will deliver notice of Emergency/Involuntary Assignment to Mental Health Special Housing ( CD1567 ) to the institution’s functional unit manager. ( b ) The institution’s functional unit manager will notify the Hearings Officer of the involuntary assignment . ( c ) The Hearings Officer will arrange to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days or as soon as practicable after completion of the evaluation. ( 6 ) Recommended Length of Stay: In all instances where involuntary assignment is recommended, the prescribing practitioner will include a recommendation for the length of stay in a Mental Health Infirmary, not to exceed 180 days.