Persons With Mental Illness

ORS 426.295
Judicial determination of competency

  • restoration of competency


(1)

No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent.

(2)

Upon petition of a person committed to a state hospital, or the guardian, relative or creditor of the person or other interested person, the court of competent jurisdiction in the county in which the state hospital is located or, if the petitioner requests a hearing in the county where the commitment originated, then the court in such county shall hold a hearing to determine whether or not the person in the state hospital is competent. A guardian who is not the petitioner shall be notified of the hearing at least three days before the date set for hearing. After the hearing the court shall enter an order pursuant to its finding and serve a copy of the order on the petitioner and forward a copy of the order to the committing court.

(3)

When a person committed to a state hospital has been declared incompetent pursuant to subsection (2) of this section and is discharged from the hospital, the superintendent of the hospital shall advise the court which entered the order of incompetency whether or not, in the opinion of the chief medical officer of the hospital on the basis of medical evidence, the person is competent. The superintendent shall make a reasonable effort to notify the discharged person of the advice to the court. If the court is advised that the person is competent, the court shall enter an order to that effect. If the court is advised that the person is not competent, upon petition of the person, the guardian, relative or creditor of the person or other interested person, the court shall hold a hearing to determine whether or not the discharged person is competent. The court shall serve a copy of any order entered pursuant to this subsection on the person and forward a copy of such order to the committing court. [1965 c.628 §2; 1967 c.460 §1; 1969 c.391 §7]

Atty. Gen. Opinions

Mentally diseased persons denied right to vote as including only persons declared incompetent under this section, (1972) Vol 35, p 1220; release of patient's confidential case records, (1974) Vol 36, p 1080

§§ 426.005 to 426.395

Notes of Decisions

The doctor-patient privilege applies under these sections. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Prior to commitment there must be evidence proving beyond a reasonable doubt that the individual is mentally ill as defined. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

The Oregon commitment statutes are not unconstitutional on the grounds of vagueness or as an invasion of privacy as protected by the Ninth and Fourteenth Amendments to the United States Constitution. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Oregon Constitution did not require jury in mental commitment hearings. State v. Mills, 36 Or App 727, 585 P2d 1143 (1978), Sup Ct review denied

Alleged mentally ill person does not have right to remain silent in civil commitment proceeding. State v. Matthews, 46 Or App 757, 613 P2d 88 (1980), Sup Ct review denied

Law Review Citations

9 WLJ 63-85 (1973)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commitment provides adequate procedural safeguards which satisfies the requirements of due process and equal protection. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commitment costs, (1979) Vol 40, p 147; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 448 (1979)


Source

Last accessed
Jun. 26, 2021