OAR 309-033-0280: Procedures for Persons under Civil Commitment and on Outpatient Commitment or Trial Visit

(1) Outpatient commitment. At the time of the civil commitment hearing the director may place a person under civil commitment on an outpatient commitment if adequate treatment services are available. (a) A director may place a person on outpatient commitment who also has professional or natural supports in the community that are willing and available to assist the person in adhering to the conditions of placement. (b) The director of the county of commitment shall establish the initial conditions of placement for a person on outpatient commitment in accordance with OAR 309-033-0282, including enrolling the person in services. Thereafter, the director of the county of placement may modify the conditions without a hearing in accordance with OAR 309-033-0280(4)(a). (c) The director of the county of commitment shall be responsible for monitoring the provision of care for a person on outpatient commitment, including documenting in the person’s clinical record the person’s progress toward discharge of the outpatient commitment. (2) Trial visit. A director may, upon approval of the director of the county of placement, grant a trial visit to any person under civil commitment and placed at the state hospital, a community hospital, or level one facility approved by the Division. While it may be clinically advisable, the director is not required to obtain the consent or signature of the person under civil commitment. (a) A trial visit shall not exceed the time remaining in the period of civil commitment, unless otherwise recommitted in accordance with ORS 426.307; (b) The director of the county of placement, unless otherwise determined in accordance with ORS 426.278, shall be responsible for monitoring the provision of care for persons on trial visit, including documenting in the person’s clinical record progress toward successful discharge of the civil commitment. (3) Nonadherence to conditions of placement. The director shall evaluate any complaints or concerns received from any person regarding the behavior or treatment of a person on a community-based civil commitment. A director may petition the court for a revocation hearing if the person who is placed on outpatient commitment or trial visit is unable to meet the conditions as set. (4) Modifications to the conditions of placement. In accordance with ORS 426.127 and 426.273, the director of the county of placement shall be responsible for documenting in the person’s clinical record any modifications to the conditions, and reasons for such changes, and the distribution of revised conditions of placement as described in ORS 426.278. Modifications to the conditions of placement that are more restrictive require a revocation hearing before a judge prior to being adopted. The court maintaining jurisdiction shall be notified of the request for revocation hearing by: (a) For outpatient commitments, the director of the county of residence. (b) For trial visits, the director of the county of placement. (c) The notice shall include the reason for revocation and include a copy of the conditions of placement if the person is placed on outpatient commitment or trial visit. (5) Distribution of the conditions of placement. When a person under civil commitment is placed on outpatient commitment or trial visit, the following persons shall receive a copy of the initial conditions of placement and any subsequent modified conditions of placement: (a) The person under civil commitment; (b) The director of the county of placement where the person is to receive nonhospital or outpatient care; (c) The director of any facility, program, service, or other provider who is designated to provide treatment; (d) The court in the county of commitment; and (e) The court in the county of placement, if different than the county of commitment. (6) Transfer of trial visit or outpatient commitment to another county. The director may transfer a person on trial visit or outpatient commitment to another county only if the director for the county where the person will reside agrees to accept and provide for monitoring of the trial visit or outpatient commitment: (a) The director of the county where the person currently resides shall provide the director of the county where the person will reside a copy of the current conditions of placement for the person on trial visit or outpatient commitment; (b) The director of the transferring county of placement shall make every reasonable effort to enroll the person in available services prior to the transfer. The director of the transferring county of placement shall modify the conditions of placement to accommodate any necessary changes, except those that are more restrictive requiring a hearing, and distribute the modified conditions as required in Section 5 of this rule.