Evidentiary standard under which eligibility for assisted
treatment is judged (two most common are "beyond a reasonable doubt" and
"clear and convincing evidence").
Clear and convincing evidence. ORS 426.130(1)(b)
Is there a least restrictive treatment requirement?
No.
Is there a confidentiality exception for family members of
committees and/or individuals undergoing emergency evaluations?
No.
Are advance directives or durable powers of attorney
addressed and, if so, in what way?
No.
Is there a separate proceeding necessary to abrogate a
committee’s right to refuse treatment?
Yes, if the patient explicitly refuses treatment. ORS
426.237(2)(d)(B)
Does the treating hospital and/or physician have discretion
to release individuals before the end of their assisted inpatient care periods?
Yes. The Mental Health and Developmental Disabilities (MHDD)
Services Division can release an individual prior to the expiration of a commitment based
upon the opinion of the director of the treating facility or the treating physician. ORS
426.292
The physician can release a patient from emergency detention in the
responsible doctor determines that the patient in not dangerous and not in need of
emergency care or treatment. ORS 426.301(1)
Individual(s) who may decide to initiate new periods of
assisted treatment.
The MHDD Services Division, and it may delegate this
responsibility to the director of the treatment facility. ORS 426.301(1)
Type of forum that decides on need for extended assisted
treatment (normally either judicial or administrative).
Judicial. A hearing, if requested, is conducted by the Court. ORS
426.301(3)(d)
Participation of other individuals in the extension hearing
(i.e. notice, a right to be heard and/or right to counsel for family members, legal
guardians, doctors, etc.).
This is the same as for the initial commitment hearing.
ORS 426.307.
There is a right to legal counsel and an independent examination.
Maximum length of subsequent assisted inpatient treatment
(and of any possible subsequent periods).
180 days for each successive commitment. ORS 426.307(7)
Alternative(s) to inpatient treatment (i.e. conditional
release, trial release, assisted outpatient treatment, etc.) and conditions necessary for
a court to order placement in alternative(s) (if more than one form, specify for each).
Conditional release – must be requested by the legal
guardian, relative, or friend of the subject of the proceedings. The requester must assume
responsibility for care and have the ability to provide the care. The Court shall
establish terms and conditions. ORS 426.125
Outpatient commitment – can be used if an adequate treatment is
available. Conditions are to be determined by the MHDD program director. ORS
426.127, 426.273(2)
Trial visits – may be granted by MHDD Division subject to
conditions and for a duration determined by MHDD. Trial visits may be used with outpatient
commitment. ORS 426.373(1)
Maximum duration of alternative(s) to assisted inpatient
treatment.
Same as for inpatient treatment. 180 days.
Procedure necessary to transfer patient from outpatient to
inpatient care.
A court hearing is needed unless the patient transfers voluntarily.
ORS 426.275
Describe any procedures for conservatorship, guardianship,
etc., which are applicable to the mentally ill.
None are referenced in this Title 35, Chapter 426.
Other (may include insights into state’s mental health
system, judicial interpretation of mental health code, or known movements for statutory
reform).
