(1) Commitments to the Department of Human Services shall be made only by the judge of a circuit court in a county of this state.
(2) The following is a nonexclusive list of powers the department may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070, 426.228 to 426.235 or 426.237:
(a) In its discretion and for reasons which are satisfactory to the department, the department may direct any court-committed person to the facility best able to treat the person. The authority of the department on such matters shall be final.
(b) At any time, for good cause and in the best interest of the mentally ill person, the department may transfer a committed person from one facility to another. When transferring a person under this paragraph, the department shall make the transfer:
(A) If the transfer is from a facility in one class to a facility of the same class, as provided by rule of the department;
(B) If the transfer is from a facility in one class to a facility in a less restrictive class, by following the procedures for trial visits under ORS 426.273; and
(C) If the transfer is from a facility in one class to a facility in a more restrictive class, by following the procedures under ORS 426.275.
(c) At any time, for good cause and in the best interest of the mentally ill person, the department may transfer a person receiving emergency care and treatment under ORS 426.070 or 426.228 to 426.235, or intensive treatment under ORS 426.237, between hospitals and nonhospital facilities approved by the department to provide emergency care or treatment as defined by rule of the department.
(d) Pursuant to its rules, the department may delegate to a community mental health and developmental disabilities program director the responsibility for assignment of mentally ill persons to suitable facilities or transfer between such facilities under conditions which the department may define. [Amended by 1955 c.651 §6; 1963 c.254 §1; 1967 c.534 §19; 1973 c.838 §2; 1975 c.690 §1; 1987 c.903 §6; 1993 c.484 §12]
(Commitment Procedure)
Section: Previous 426.005 426.010 426.020 426.030 426.060 426.070 426.072 426.074 426.075 426.080 426.090 426.095 426.100 426.110 426.120 NextLast modified: August 7, 2008