Persons With Mental Illness

ORS 426.300
Discharge of committed persons

  • application for assistance on behalf of committed person


(1)

The Oregon Health Authority shall, by filing a written certificate with the last committing court and the court of residence, discharge an individual from court commitment, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceeding arising out of criminal offense, if the authority finds that the individual is no longer a person with mental illness or that the transfer of the individual to a voluntary status is in the individual’s best interest.

(2)

The authority may sign applications for public assistance, as defined in ORS 411.010 (Definitions), medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414), or any other state or federal benefits on behalf of those individuals who may be eligible for public assistance, medical assistance or any other state or federal benefits upon discharge. [Amended by 1963 c.325 §4; 1967 c.549 §8; 1973 c.838 §22; 1997 c.249 §137; 2009 c.595 §417; 2013 c.360 §53; 2013 c.688 §90; 2017 c.65 §1]

Atty. Gen. Opinions

Release of patient's confidential case records, (1974) Vol 36, p 1080

Law Review Citations

53 OLR 246 (1974)

§§ 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