OAR 309-033-0930
Investigation of Person Alleged to Be a Mentally Ill Person

(1)

Initiation and timelines for investigation. Upon receipt of an NMI the CMHP shall conduct an investigation of the person to determine probable cause for mental disorder. The person conducting the investigation shall not be the same as the person filing the NMI.

(a)

Investigation of NMIs by two persons, a county health officer or a magistrate. 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 shall complete an investigation and submit an investigation report to the circuit court within 15 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)

Investigation of persons in custody. The investigator shall investigate persons in custody in an approved hospital under ORS 426.232 (Emergency admission) or 426.033 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 shall:

(A)

Make face-to-face contact with the person within 24 hours of admission to a hospital or nonhospital facility, including weekends; and

(B)

Meet with the person one additional time prior to making a recommendation for the court to hold a commitment hearing.

(2)

Procedures for the investigation. Only certified mental health investigators, senior mental health investigators or mental health investigator residents shall conduct an investigation of a person.

(a)

While conducting an investigation, the investigator shall:

(A)

Present photo identification, authorized and provided by the county mental health authority, to the person; and

(B)

Explain the reason for the investigation orally and, if doing so would not endanger the investigator, in writing.

(b)

Information from relatives. The investigator shall solicit information about the person from person’s parents and relatives, whenever feasible.

(c)

Disclosure of names. The investigator shall disclose the names of the persons filing the NMI to the allegedly mentally ill person 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 (Investigation). 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 (see ORS 426.370 (Withholding information obtained in certain commitment or admission investigations)).

(d)

Encourage voluntary services. The director shall attempt, as appropriate, to voluntarily enroll in the least restrictive community mental health services a person for whom an NMI has been filed.

(e)

Clinical record required. The director shall maintain a clinical record for every person investigated under this rule. The clinical record shall 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 shall include the names of the persons filing the NMI with the director; and

(F)

Summary of the disposition of the case.

(f)

Coordination of services. In the event the person is released or agrees to voluntary treatment, the investigator shall coordinate with the CMHP for the purpose of referral and offering voluntary treatment services to the person as soon as reasonably possible.

(3)

Access to clinical records. The investigator shall have access to clinical records of the person being investigated as follows:

(a)

When the person is in custody. The investigator shall have access only to clinical records compiled during the hold period. Without valid consent, the investigator shall not have access to clinical records compiled as part of treatment that is provided to the person at any time outside the hold period except as provided by OAR 309-033-0930 (Investigation of Person Alleged to Be a Mentally Ill Person)(3)(b).

(b)

When the person investigated is eligible for commitment pursuant to ORS 426.074 (Investigation). The investigator shall have access to any clinical record necessary to verify the existence of the criteria which make the person eligible for commitment pursuant to ORS 426.074 (Investigation).

Source: Rule 309-033-0930 — Investigation of Person Alleged to Be a Mentally Ill Person, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0930.

309–033–0200
Statement of Purpose and Statutory Authority 309–033–0210
Definitions 309–033–0220
General Standards 309–033–0230
Custody of Persons Alleged to Be Mentally Ill Prior to Filing a Notification of Mental Illness 309–033–0240
Initiation of the Civil Commitment Process 309–033–0250
Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention 309–033–0260
Diversion from Commitment Hearing 309–033–0270
Provision of Care, Custody and Treatment of Persons Committed to the Division 309–033–0280
Procedures for Committed Persons on Outpatient Commitment or Trial Visit 309–033–0290
Assignment and Placement of Persons Committed to the Division 309–033–0300
Transfers Between Classes of Facilities 309–033–0310
Recertification for Continued Commitment 309–033–0320
Revocation of Conditional Release, Outpatient Commitment or Trial Visit 309–033–0330
Discharge of Committed Persons, Who Are Placed in the Community, from Commitment Status 309–033–0340
Variances 309–033–0400
Statement of Purpose and Statutory Authority 309–033–0410
Definitions 309–033–0420
Transportation and Transfer of Persons in Custody or On Diversion 309–033–0430
Transportation of a Committed Person to a State Hospital, Community Hospital or Nonhospital Facility 309–033–0432
Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility 309–033–0435
Client Rights with Regards to a Secure Transport Provider 309–033–0437
Mechanical Restraint by a Secure Transport Provider 309–033–0440
Variance 309–033–0500
Statement of Purpose and Statutory Authority 309–033–0510
Definitions 309–033–0520
Classes of Facility that Provide Care, Custody or Treatment to Committed Persons or to Persons In Custody or On Diversion 309–033–0530
Approval of Hospitals and Nonhospital Facilities to Provide Services to Committed Persons and to Persons In Custody and On Diversion 309–033–0540
Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons In Custody 309–033–0550
Standards for the Approval of Hospitals Detaining Persons In Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility 309–033–0560
Variances 309–033–0600
Statement of Purpose and Statutory Authority 309–033–0610
Definitions 309–033–0620
Obtaining Informed Consent to Treatment From a Person and the Administration of Significant Procedures Without the Informed Consent of a Committed Person 309–033–0625
Administration of Medication and Treatment without the Informed Consent of a Person in Custody 309–033–0630
Administration of Significant Procedures in Emergencies Without the Informed Consent of a Committed Person 309–033–0640
Involuntary Administration of Significant Procedures to a Committed Person With Good Cause 309–033–0650
Variances 309–033–0700
Purpose and Scope 309–033–0710
Definitions 309–033–0720
Application, Training and Minimum Staffing Requirements 309–033–0725
Medical Services 309–033–0727
Structural and Physical Requirements 309–033–0730
Seclusion and Restraint Procedures 309–033–0732
Time Limits 309–033–0733
Documentation 309–033–0735
Quarterly Reports 309–033–0740
Variances 309–033–0800
Statement of Purpose and Statutory Authority 309–033–0810
Definitions 309–033–0820
Denial of Payment for Services to Persons In Custody or On Diversion 309–033–0830
Variances 309–033–0900
Statement of Purpose and Statutory Authority 309–033–0910
Definitions 309–033–0920
Certification of Mental Health Investigators 309–033–0930
Investigation of Person Alleged to Be a Mentally Ill Person 309–033–0940
The Investigation Report 309–033–0950
Certification of Mental Health Examiners 309–033–0960
Mental Health Examiner’s Report to the Court 309–033–0970
Variances
Last Updated

Jun. 8, 2021

Rule 309-033-0930’s source at or​.us