OAR 291-048-0290: Involuntary Assignment to Mental Health Special Housing

(1) Notice of Hearing and Rights : (a) The adult in custody shall be given written notice of the hearing not less than 24 hours prior to the hearing. (b) The notice shall include a statement of the adult in custody's rights with respect to the hearing. (2) The hearing shall be conducted by a Hearings Officer or other person trained in the hearings process in the event the Hearings Officer is unavailable. (3) The Hearings Officer shall not have participated in any way in the assessment process determining assignment to a Behavioral Health Unit . (4) The Hearings Officer may pose questions during the hearing. (5) Representation: (a) In all cases, the adult in custody is entitled to: (A) Speak on their own behalf; and (B) Be present at all stages of the hearing process, except when the Hearings Officer finds that to have the adult in custody present would create an immediate threat to facility security or safety of its employees or others. The reason(s) for the finding shall be a part of record. (b) Assistance by an employee, other adult in custody , or other person approved by the Hearings Officer will be ordered for those individuals where it is found that assistance is necessary based upon a visual, speech, or hearing disability, language barriers , or competence and capacity of the adult in custody . (6) Investigation: The adult in custody has a right to request that an investigation be conducted. If an investigation is ordered, a designee of the Hearings Officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process of an involuntary placement of the specific adult in custody into mental health special housing . (a) An investigation shall be conducted upon request by the adult in custody if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the adult in custody to provide with their own resources. (b) The Hearings Officer may order an investigation on the Hearings Officer’s own motion. (c) The Hearings Officer shall allow the adult in custody access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its employees, or others. (7) Witnesses: Adults in custody have the right to call witnesses to testify before the Hearings Officer. Witnesses may include other adults in custody, employees , or other persons. (a) If witnesses will be called, the adult in custody , prior to the hearing, must develop a list of witnesses and questions to be posed to each witness. The adult in custody shall bring the list of questions and the list of witnesses to the hearing. (b) The adult in custody or the adult in custody’s representative shall not have the right to cross‑examine or directly pose questions to any witness. (c) The Hearings Officer may exclude a specific adult in custody witness or employee witness upon finding that the witness' testimony presents an undue hazard to facility security or the safety of its employees or others or would not assist in the resolution of the proceeding. The reason(s) for the exclusion of a witness shall be made a part of the record. (d) The Hearings Officer may exclude other persons as witnesses upon finding that their testifying presents an undue hazard to facility security or the safety of its employees or others or would not assist in the resolution of the proceeding, or the witness is not reasonably available. The reason(s) for the exclusion of a witness shall be made a part of the record. (e) An adult in custody witness shall have the right to refuse to testify. (f) Persons other than adults in custody or employees requested as witnesses shall have the right to refuse to appear or testify. (g ) The Hearings Officer may, on the Hearings Officer’s own motion, call witnesses to testify. (h ) All questions which will assist in the resolution of the proceedings, as determined by the Hearings Officer , shall be posed. The reason(s) for not posing a question will be made a part of the record. (8) Documentation or Reports: (a) Adults in custody shall have the right to present documents or reports during the hearing. (b) Any reporting employees , or other agents of the facility who are knowledgeable, shall submit documents or reports in advance of the hearing. (c) The Hearings Officer may exclude documents or reports, making a finding that such would be unduly hazardous to facility security or the safety of its employees or others, or would not assist in the resolution of the proceeding. The reason(s) for the exclusion of documents or reports shall be made a part of the record. (d) The Hearings Officer may classify documents or reports as confidential upon making a finding that revealing such would constitute a threat to the safety and security of the facility or violate statutory provisions regarding confidentiality. The reason(s) for classifying documents or reports as confidential shall be made a part of the record. (9) Postponement: (a) A hearing may be postponed by the Hearings Officer for "good cause" and for a reasonable period of time. (b) "Good cause" includes, but is not limited to: (A) Illness or unavailability of the adult in custody ; (B) Gathering of additional evidence; or (C) Gathering of additional documentation. (c) The reason(s) for the postponement shall be made a part of the record. (10) At the conclusion of the hearing, the Hearings Officer will deliberate and determine whether the information supports placement of the adult in custody in mental health special housing, considering any contrary information submitted by the individual . The Hearings Officer may postpone the rendering of a decision for a reasonable period of time for the purpose of reviewing the information. (a) No Justification: The Hearings Officer may find that the information does not support placement in mental health special housing, in which case the Hearings Officer will recommend that the adult in custody return to the adult in custody’s former status with all rights and privileges of that status. (b) Justification: The Hearings Officer may find the report does support placement in mental health special housing, in which case the Hearings Officer will so inform the adult in custody and recommend the individual be assigned to mental health special housing for a specified period of time , as recommended by the prescribing practitioner or mental health treatment team, not to exceed 180 days. (11) Hearing Record: (a) Upon completion of a hearing, the Hearings Officer shall prepare a hearing record within 10 days following the conclusion of the hearing. (b) The record of the formal hearing shall include: (A) Notice of Emergency/Involuntary Assignment to the Mental Health Special Housing (CD 1567); (B) Notice of Hearing and Rights ; (C) Recording of hearing; (D) Supporting material(s); and (E) Findings‑of‑Fact, Conclusion, and Recommendation of the Hearings Officer . (c) The Hearings Officer will retain the recording and forward to the Behavioral Health Services administrator items (A), (B), (D), and (E) of this section.