OAR 309-088-0130: CMHP Responsibilities During Commitment

(1) The County of Responsibility carries out the responsibilities set forth within this rule set 309-088-0130, regardless of where the defendant is placed. If applicable, the County of Responsibility work in collaboration with the County of Residence or other counties where the defendant has a concurrent aid and assist case. (2) Within 7 Judicial Days of receiving notice from the State Hospital that a defendant has been admitted to the State Hospital under ORS 161.370, the CMHP Director must notify the State Hospital of the name and contact information of the person designated to work with the State Hospital on behalf of the CMHP Director regarding the defendant. (3) The person designated as required in OAR 309-088-0130 must be the CMHP point of contact for the State Hospital until the State Hospital is informed by the CMHP of a newly designated person. (4) The CMHP Director is responsible for Community Transition Planning and Forensic Care Coordination, which begins when a defendant has been found unfit to proceed, which may include time that the defendant is in jail prior to admission to the State Hospital and continues until the defendant is returned to the County or Responsibility or County of Residence and the Court has terminated commitment. At least every 30 days the CMHP Director must communicate with the Superintendent of the State Hospital or director of an OHA approved facility for purposes of Community Transition Planning and Forensic Care Coordination by: (a) Attending a treatment team meeting; or (b) Communicating with the QMHP assigned to the defendant, verbally or in writing. (5) Community Transition Planning must be initiated upon commitment and shall include: (a) An in-person meeting, phone call, or video conference with the defendant, at least every 30 days, for the purpose of informing reviewing, and updating the 30-Day Community Transition Planning Updates described in OAR 309-088-0125; (b) Consultation with the State Hospital, the Federally Recognized Tribe of Oregon that the defendant is a member of, CCOs, Exceptional Needs Care Coordinators (ENCCs), the defendant, Local Entities, and any other identified support systems and providers that could potentially serve the defendant for the purpose of Community Transition Planning; (c) If the defendant was subject to a Secure Placement Order, the CMHP director shall determine if placement at such facility is present and available and if the defendant can be served in an Appropriate Placement that is not a Secure Placement; (d) Facilitation of timely discharge from the State Hospital and, whenever possible, diversion from placement at a secure residential treatment facility (SRTF) when consistent with the level of services, supervision or type of placement identified by the State Hospital in its RTP notice; (e) Completion or coordination of any referrals, screenings, or other work needed to secure and identify an Appropriate Placement, including sending all referrals to ACT that the State Hospital sends to the CMHP; (f) Monitoring the status of any referrals, screenings, or other work; (g) Coordinating access to services provided in the Least Restrictive Environment and most integrated setting appropriate to meet the defendant's Behavioral Health needs and referring to services outside the CMHP service area, when necessary, to meet the identified needs; (h) The CMHP Director requesting OHA support, using the OHA Support Request form, if the Director has determined no Appropriate Placements have been identified after the defendant has been RTP for 30 days or at the request of the Authority. The Director must consult with the Authority, virtually or in writing, and follow recommendations agreed upon with the Authority during the consultation with OHA; (i) The CMHP Director requesting OHA support, using the OHA Support Request form, when the Director receives a release notice from the State Hospital and the defendant is within 30days of end of commitment or at the request of the Authority, if the Director has determined that no Appropriate Placements have been identified. The Director must consult with the Authority, virtually or in writing, and follow recommendations agreed upon with the Authority during the consultation; (j) Updating the 30-Day Community Transition Planning Update, within the Consultation Report, as described in OAR 309-088-0125, at least every 30 days for submission to the Authority and the State Hospital; and (k) Collaborating and sharing of Consultation Reports or other transition planning activities, with potential providers or other entities that would be providing Community Restoration Services and overseeing continuity of care due to placement or change of commitment. (6) Community Transition Planning must be primarily guided by the State Hospital’s treating clinical team’s recommendations. The CMHP may provide information to the State Hospital’s treating clinical team to inform their recommendations. (7) Community Transition Planning must include a Consultation Report with information regarding both primary Appropriate Placements and alternative Appropriate Placements, should the primary Appropriate Placement be unavailable at the time of defendant's discharge. Community Transition Planning must be: (a) Consistent with clinical best practice and existing legal standards regarding the ADA’s integration mandate and Olmstead; (b) Individualized and specific to the clinical needs of the defendant; (c) Person-centered; (d) Inclusive of information on any clinically appropriate referral options; and (e) Inclusive of which providers, agencies, CCOs, ENCCs, and Tribes were consulted. (8) In addition to OAR 309-088-0130(5), for defendants committed to the State Hospital and when the Court has not issued a Stop Order: (a) The CMHP Director must complete a Supplemental Community Consultation, within the Consultation Report, as described in 309-088-0125, due to the defendant no longer needing hospital level of care and submit to the Court. (b) The CMHP Director, after a Supplemental Community Consultation report has been submitted to the court, must complete and submit to the court, at least every 30 days, a 30-Day Community Transition Planning Update within the Consultation Report described in 309-088-0125, until an Appropriate Placement is secured or until the Court issues a Stop Order; (c) The CMHP Director must use the 30-Day Community Transition Planning Update within the Consultation Report, to immediately notify the Court, the Authority, and the State Hospital if the CMHP Director identifies an Appropriate Placement; (d) If the CMHP Director is notified of an objection by one or more of the parties to one or more of the Appropriate Placements identified, the CMHP will continue to submit 30-Day Community Transition Planning updates, within the Consultation Report, to the Court, the Authority, and the State Hospital; (e) The CMHP Director must complete a CMHP Notice of Available Placement, within the Consultation Report, as described in 309-088-0125, when an Appropriate Placement has been secured and submit to the Court, the Authority and the State Hospital. (f) The CMHP Director must continuously plan for transition to a lower level of care for every defendant admitted to the State Hospital, by identifying Appropriate Placement options, supports, and services for the defendant. Transition planning must be primarily guided by the State Hospital’s treating clinical team’s recommendations, even if a Stop Order is issued; and (g) The CMHP Director must provide information about the availability of the State Hospital treating clinical team’s clinical recommendations in the community, including any reasonable and clinically appropriate alternatives if the State Hospital treating clinical team’s clinical recommendations are not present or available in the community.