ORS 420.505: Application by adjudicated youth in youth correction facility for admission to hospital or facility; examination of applicant; limitation on involuntary retention at institution.

(1) An adjudicated youth at a youth correction facility may apply for admission to a hospital or facility designated by the Department of Human Services or the Oregon Health Authority. The application may be made on behalf of the adjudicated youth by the parents or legal guardian of the adjudicated youth. However, the superintendent shall not be required to cause the examination of an adjudicated youth who applies under this section more often than once in six months. (2) Within five working days after receipt of the application, the superintendent of the youth correction facility shall cause the adjudicated youth to be examined by one or more qualified persons at the facility and shall request the examination of the adjudicated youth by one or more qualified persons employed or designated by the department or the Oregon Health Authority. The examination conducted or authorized by the department or the Oregon Health Authority shall take place within five working days after receipt of the request from the superintendent. The examiners shall prepare separate reports and shall submit such reports to the superintendent. A copy of the reports shall be given to the applicant. (3) If the superintendent finds that there is a probable cause to believe that the adjudicated youth has a mental illness and that it would be in the best interests of the adjudicated youth to be admitted to a hospital or facility designated by the department or the Oregon Health Authority, the superintendent shall notify the department or the Oregon Health Authority and shall order the adjudicated youth transferred pursuant to ORS 179.473. (4) No adjudicated youth at a youth correction facility voluntarily admitted to a hospital or facility designated by the department or the Oregon Health Authority shall be detained therein more than 72 hours after the adjudicated youth is of the age specified in ORS 420A.010 (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the adjudicated youth and has given notice in writing of the desire of the adjudicated youth to be released. If the adjudicated youth is under the age specified in ORS 420A.010 (5) setting the age limits for which the Oregon Youth Authority may retain legal and physical custody of the adjudicated youth, the adjudicated youth may be returned to the youth correction facility after notice in writing has been given by the parent or legal guardian of the adjudicated youth, that such parent or guardian desires that the adjudicated youth be discharged from the hospital or facility designated by the department or the Oregon Health Authority. [1975 c.662 §4; 1977 c.601 §7; 1995 c.422 §112; 1997 c.433 §16; 2005 c.439 §3; 2007 c.70 §201; 2009 c.595 §375; 2021 c.489 §128]