OAR 309-033-0930: Investigation of Persons Alleged to Have a Mental Illness

(1) Upon receipt of a Notice of Mental Illness (NMI) the Community Mental Health Program (CMHP) must conduct an investigation of the person to determine probable cause for mental disorder. The person conducting the investigation must not be the same as the person filing the NMI. (a) At a minimum, if the person can be located, the investigator must contact the person by telephone within three judicial days of the receipt of the NMI by the director. (A) The investigator must complete an investigation and submit an investigation report to the circuit court within 15 calendar days of the director’s receipt of the NMI; (B) The investigator may request an extension from the court if a treatment option less-restrictive than involuntary inpatient commitment is actively being pursued or if the person cannot be located. (b) The investigator must investigate persons in a hospital or nonhospital facility and in custody under ORS 426.070, 426.232, or 426.233 as soon as reasonably possible but no later than one judicial day after the initiation of the detention and 24-hours prior to the hearing. Whenever feasible, the investigator must: (A) Make face-to-face contact with the person within one judicial day of admission to a hospital or nonhospital facility; and (B) Meet with the person one additional time prior to making a recommendation for the court to hold a commitment hearing. (C) Ask whether the person has made a DMHT. (2) Only certified mental health investigators, senior mental health investigators or mental health investigator residents are permitted to conduct an investigation of a PAMI. (a) While conducting an investigation, the investigator must: (A) Present photo identification, authorized and provided by the county mental health authority, to the person; and (B) Verbally explain the reason for the investigation and, if doing so would not endanger the investigator, in writing. (b) The investigator must seek information about the PAMI in electronic records or from next of kin and other people familiar with the PAMI, whenever feasible, including but not limited to: (A) Information frm the Nine Federally Recognized Tribes of Oregon. When the person is identified as an enrolled member of a federally recognized tribe in Oregon, the investigator shall solicit information from that tribe, whenever feasible; and (B) Whether the person has a made a DMHT. (c) Disclosure of names. The investigator must disclose the names of the persons filing the NMI to the PAMI except when, in the opinion of the investigator, disclosure will jeopardize the safety of the persons filing the NMI. The investigator may withhold any information that is used in the investigation report, only until the investigation report is delivered to the court and others as required under ORS 426.074. The investigator may withhold any information that is not included in the investigation report if the investigator determines that release of the information would constitute a clear and immediate danger to any person. (d) The director must maintain a clinical record for every person investigated under this rule. The clinical record must document to the extent possible the following: (A) A brief summary of the events leading to the filing of an NMI, the circumstances and events surrounding the interview of the person and the investigator’s attempts to engage the person in voluntary mental health services; (B) Identifying information about the person; (C) A copy of the NMI; (D) A copy of the investigation report submitted to the court; (E) Names, addresses and telephone numbers of family, friends, relatives, or other persons who the investigator interviewed for pertinent information. This list must include the names of the persons filing the NMI with the director; and (F) Summary of the disposition of the case. (e) When appropriate, the investigator will attempt to voluntarily enroll a PAMI in the least restrictive community mental health services that can meet the person’s treatment needs, including: (A) Diversion from civil commitment; (B) Assisted outpatient treatment; or (C) As declared in a person’s DMHT. (f) If the investigator discovers a DMHT or otherwise has reason to believe the PAMI has a DMHT, the investigator must immediately disclose such information in a notice that also includes information about the incapable determination process to: (A) The PAMI and to their legal counsel, if any; and (B) The attorney-in-fact, if one has been appointed, and the investigator can locate the attorney-in-fact. The notice to the attorney-in-fact must also: (i) Inform the attorney-in-fact that the PAMI is the subject of a mental health investigation; and (ii) Provide notice of the PAMI’s right to counsel and right to appointment of counsel as provided in ORS 426.100. (C) The court. The notice to the court must also include a copy of the DMHT and all information available to the investigator pertaining to the factors relevant to an incapable determination as described in OAR 309-033-0810(6). The investigator must give a copy of the court’s notice to: (i) The state’s legal counsel; (ii) The PAMI; (iii) The PAMI’s legal counsel, if any; and (iv) The attorney-in-fact appointed in the person’s DMHT, if any. (g) When the investigator receives a judgment from the court that the PAMI has: (A) Not been determined to be incapable, the investigator will continue with the investigation; or (B) Been determined to be incapable, the investigator must immediately consult with the treating LIP and determine if the treatment options authorized in the DMHT are sufficient and available to meet the person’s needs: (i) If an agreement that the DMHT authorizes treatment that is sufficient and available is not reached, the investigator must continue the investigation. (ii) If the investigator, the LIP, and the court agree that the DMHT authorizes treatment that is sufficient and available, the investigator will stop the investigation and submit a report to the court per ORS 426.074. (C) An investigator may request additional time under ORS 426.074(1)(c)(A) to complete the investigation.