HomeMy WebLinkAboutOrder 2014-014 - Mental Health CustodyDeschutes County Board of Commissioners
1300 NW Wal1 St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 04, 2014
DATE: May 19,2014
FROM: Nancy Mooney, Contract Specialist, Deschutes County Health Services, 322-7516
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Board Order #2014-014, document appointing a repealing Order No. 2012-017 dated
April 11, 2012; and authorizing designated persons to provide custody and secure transportation services for allegedly
mentally ill persons.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Program Director for Deschutes County Health Services, Jane Smilie, is appointing individuals to act as the Director's
designee and in the Director's capacity for the purpose of OAR 309-033-0210. OAR 309-033-0210 dermes "Director"
as the following: "Director" means the community mental health and developmental disabilities program director who
has been authorized by the local mental health authority to direct the Community Mental Health Program (CMHP).
"Director" also means a person who has been authorized by the director to act in the director's capacity for the purpose
of this rule. In the case of the director ordering a peace officer to take a person into custody pursuant to ORS 426.233,
the designee shall be a Qualified Mental Health Professional (QMHP) who is specifically authorized by the county
governing body to order the persons to be taken into custody.
The individuals designated by the Director are part of Deschutes County's Community Assessment Team and Mobile
Crisis Team. These teams provide crisis services, investigations and consultations for individuals who are alleged to be
mentally ill and a danger to self or others. These Mental Health Investigators prepare cases for civil commitment
hearings and/or assist in the placement of individuals in treatment.
Pursuant to ORS 426.070 through 426.395, the Community Mental health Program Director is required to take certain
actions in matters pertaining to the custody, transport and involuntary commitment of mentally ill persons. These
certain actions entail: (l) authorizing designees; (2) recommend to the Board persons authorized to perform functions as
according to ORS 426.233(3), and (3) provide confirmation that the recommended persons meet applicable Oregon
Health Authority standards. Board Order 2014-014, meets the obligations of the Deschutes County Health Services
Program Director for the provision of authorizing designated persons to perform certain acts listed in ORS 426.233(3)
including, without limitation, taking custody of a person, removing a person in custody to an approved hospital or
nonhospital facility, transferring a person who is in custody from on hospital or nonhospital facility to another, and
retaining a person in custody.
FISCAL IMPLICATIONS:
No fiscal implications.
RECOMMENDATION & ACTION REOUESTED:
Health Services requests signature.
ATTENDANCE: Scott Johnson & Jane Smilie, Department Director(s)
DISTRIBUTION OF DOCUMENTS:
A fully executed copy to Nancy Mooney, Contract Specialist, Health Services Department.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements,
regardless of whether the document is to be on a Board agenda or can be signed by the County
Administrator or Department Director. If the document is to be on a Board agenda, the Agenda
Request Form is also required. If this form is not included with the document, the document will
be returned to the Department. Please submit documents to the Board Secretary for tracking
purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In
addition to submitting this form with your documents, please submit this form electronically to
the Board Secretary.)
Please complete all sections above the Official Review line.
Date: I May 19, 2014 .
Department: I Health Services, Behavioral Health I
Contractor/Supplier/Consultant Name:
Type of Document: Board Order #2014-014
Goods and/or Services: The purpose of the attached Board Order is to repeal Order No. 2012
017 dated April 11, 2012 and authorize designated persons to provide custody and secure
transportation services for allegedly mentally ill persons.
Background & History: Program Director for Deschutes County Health Services, Jane Smilie,
is appointing individuals to act as the Director's designee and in the Director's capacity for the
purpose of OAR 309-033-0210. OAR 309-033-0210 defines "Director" as the following:
"Director" means the community mental health and developmental disabilities program director
who has been authorized by the local mental health authority to direct the Community Mental
Health Program (CMHP). "Director" also means a person who has been authorized by the
director to act in the director's capacity for the purpose of this rule. In the case of the director
ordering a peace officer to take a person into custody pursuant to ORS 426.233, the designee
shall be a Qualified Mental Health Professional (QMHP) who is specifically authorized by the
county governing body to order the persons to be taken into custody.
The individuals designated by the Director are part of Deschutes County's Community
Assessment Team and Mobile Crisis Team. These teams provide crisis services, investigations
and consultations for individuals who are alleged to be mentally ill and a danger to self or
others. These Mental Health Investigators prepare cases for civil commitment hearings and/or
assist in the placement of individuals in treatment.
Pursuant to ORS 426.070 through 426.395, the Community Mental health Program Director is
required to take certain actions in matters pertaining to the custody, transport and involuntary
commitment of mentally ill persons. These certain actions entail: (1) authorizing designees; (2)
recommend to the Board persons authorized to perform functions as according to ORS
426.233(3), and (3) provide confirmation that the recommended persons meet applicable
Oregon Health Authority standards. Board Order 2014-014, meets the obligations of the
Deschutes County Health Services Program Director for the provision of authorizing designated
persons to perform certain acts listed in ORS 426.233(3) including, without limitation, taking
custody of a person, removing a person in custody to an approved hospital or nonhospital
facility, transferring a person who is in custody from on hospital or nonhospital facility to another,
and retaining a person in custody.
Agreement Starting Date: I Upon Signature I Ending Date: I Until Terminated
5/2112014
Annual Value or Total Payment:! No Fiscal Implications !
~ Insurance Certificate Recei,ed (cleck box)
Insurance Expiration Date: N/A
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a
grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #: L..!_---.J
Departmental Contact and Title:
Phone #:! 541-322-7516 I
Deputy Director APproval:"d:h~ (hAl\..< 5'-2. t -t¥
Signature Date
Department Director Approval: 8i1M.R .~ SI-;g,/ll/
Signature , r Date
Distribution of Document: Return both originals to Nancy Mooney, Behavioral Health
Department.
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-J
Legal Review Date
Document Number 2=0=-1.:...4:...-0;::..1.:....4-=---_______
5/21/2014
HEALTH SERVICES
2577 NE Courtney Drive· Bend, Oregon 97701
Public Health (541) 322-7400· FAX (541) 322-7465
Behavioral Health (541) 322-7500 • FAX (541) 322-7565
May 19,2014 www.deschutes.org
Board of County Commissioners
Deschutes County
1300 NW Wall Street
Bend, Oregon 97701
Dear Board of County Commissioners:
Pursuant to ORS 426.070 through 426.395, the Community Mental Health
Program Director is authorized to take certain actions in matters pertaining to the
custody, transport and involuntary commitment of mentally ill persons. These
actions include: (1) authorizing designees to act in my capacity; (2) recommending
to the Board of County Commissioners that certain persons be authorized to
perform functions according to ORS 426.233(3), and (3) providing confinnation
that the recommended persons meet applicable Oregon Health Authority standards.
The language below constitutes such actions by me, taken in my capacity as
Community Mental Health Program Director ("Director") for Deschutes County.
1. Authorization of Designees:
I authorize the following individuals to act as Director's designee and in the
Director's capacity for purposes of OAR 309-033-0210:
Holly McCown, M.Ed., LPC, Supervisor, Behavioral Health Specialist III (QMHP)
Terry Schroeder, Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
Anne Muir, LPC Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
Breanna Montoya, Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
lenniffer Longo, Mobile Crisis Team -Behavioral Health Specialist II (QMHP)
Lisa Golden, Community Assessment Team, Behavioral Health Specialist II
(QMHP)
Don Murphy, Community Assessment Team, Behavioral Health Specialist II
(QMHP)
Enhancing the lives of citizens by delivering quality services in a cost effective manner.
HEALTH SERVICES
2577 NE Courtney Drive· Bend, Oregon 97701
Public Health (541) 322-7400· FAX (541) 322 -7465
Behavioral Health (541) 322-7500· FAX (541) 322-7565
www.deschutes.org
2. Recommendation of Individuals under ORS 426.233:
I recommend to the Board of County Commissioners that those individuals
identified in section 1, above, above, be authorized to provide custody and secure
transportation services for a person in custody under ORS 426.228. In making this
recommendation, I acknowledge that I am recommending these individuals be
granted the authority to do the following:
(a) Accept custody from a peace officer of a person in custody under ORS
426.228;
(b) Take custody of a person;
(c) Remove a person in custody to an approved hospital or nonhospital facility;
(d) Transfer a person in custody to another person authorized under ORS
426.233(3) or a peace officer;
(e) Transfer a person in custody from a hospital or nonhospital facility to
another hospital facility or nonhospital facility; and
(f) Retain a person in custody at the approved hospital or nonhospital facility
until a physician makes a determination under ORS 426.232 (Physician
emergency admission).
3. Confirmation of Individuals' Compliance with Standards:
I confirm that those individuals identified in section 1, above, meet applicable
Oregon Health Authority standards as referenced in ORS 426.233(4)
Sincerely,
~
J ne Smilie, Program Director
eschutes County Health Services
2577 NE Courtney Drive
Bend, OR 97701
Enhancing the lives of citizens by delivering quality selVices in a cost effective manner.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Repealing Order No. 2012-017 *
dated April 11, 2012; and Authorizing * ORDER NO. 2014-014
Designated Persons to Provide Custody and *
Secure Transportation Services for Allegedly *
Mentally III Persons
WHEREAS, on April 11, 2012, the Deschutes County Board of Commissioners signed Order
No. 2012-017, "An Order Authorizing Designated Persons to Provide Custody and Secure
Transportation Services for Allegedly Mentally III Persons in Custody of Peace Officers; and
WHEREAS, ORS 426.070 through 426.395 authorize or require the Community Mental Health
Program Director ("Director") to take certain actions in matters pertaining to the custody, transport and
involuntary commitment of mentally ill persons; and
WHEREAS, OAR 309-033-0210 includes, within the definition of the term "community
mental health director," a person who has been authorized by the Director to act in the Director's
capacity for the purpose of that rule; and
WHEREAS, the Director has authorized each of those individuals identified in Section 2,
below, to act as the Director's designee and in the Director's capacity for purposes of OAR 309-033
0210; and
WHEREAS ORS 426.233(3) provides that the Deschutes County governing body may, upon
recommendation by the Director, authorize a qualified individual to perform certain acts listed in ORS
426.233(3) including, without limitation, taking custody of a person, removing a person in custody to
an approved hospital or nonhospital facility, transferring a person who is in custody from one hospital
or nonhospital facility to another, and retaining a person in custody; and
WHEREAS, the Director has recommended to the Deschutes County governing body that each
of those individuals identified in Section 3, below, be authorized to perform those acts listed in ORS
426.233(3); and
PAGE 1 OF 3-0RDERNO. 2014-014
WHEREAS, the Director has confirmed that each of the individuals identified in Sections 2 and
3 below are qualified mental health professionals as that term is defined under Oregon law and meet
applicable standards established by the Oregon Health Authority;
Now, therefore, based upon the foregoing recitals and pursuant to ORS 426.233 and OAR 309
033-0210, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1: Order No. 2012-017 dated on April 11, 2012 entitled: "An Order Authorizing
Designated Persons to Provide Custody and Secure Transportation Services for Allegedly Mentally III
Persons in Custody of Peace Officers" is hereby repealed;
Section 2: The following persons, all of whom are part of the Deschutes County Behavioral
Health Department's Community Assessment TearnlMobile Crisis Team, are hereby recognized as
designees of the Director and are authorized to act in the capacity of the Director with regard to any
action permitted or required to be performed by the Director under ORS 426.070 through ORS
426.395:
Holly McCown, M.Ed., LPC, Supervisor, Behavioral Health Specialist III (QMHP)
Terry Schroeder, Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
Anne Muir, LPC Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
Breanna Montoya, Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
lenniffer Longo, Mobile Crisis Team Behavioral Health Specialist II (QMHP)
Lisa Golden, Community Assessment Team, Behavioral Health Specialist II (QMHP)
Don Murphy, Community Assessment Team, Behavioral Health Specialist II (QMHP)
Section 3: The following persons, all of whom are part of the Deschutes County Behavioral
Health Department's Community Assessment Team/Mobile Crisis Team, are hereby authorized to
perform any act set forth in ORS 426.233(3):
Holly McCown, M.Ed., LPC, Supervisor, Behavioral Health Specialist III (QMHP)
Terry Schroeder, Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
Anne Muir, LPC Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
Breanna Montoya, Mobile Crisis Team, Behavioral Health Specialist II (QMHP)
lenniffer Longo, Mobile Crisis Team -Behavioral Health Specialist II (QMHP)
Lisa Golden, Community Assessment Team, Behavioral Health Specialist II (QMHP)
Don Murphy, Community Assessment Team, Behavioral Health Specialist II (QMHP)
II II /
II II /
/ II II
II II I
PAGE 2 OF 3-0RDER NO. 2014-014
Section 4: Each individual identified herein in Sections 2 and 3 shall retain the authority
granted by this Order so long as he or she continuously meets applicable standards established by the
Oregon Health Authority and is employed with the County in the Health Services Department
Behavioral Health Division, except as may otherwise be ordered by the Board of County
Commissioners.
Dated this of 2014 BOARD OF COUNTY COMMISSIONERS ---------------,
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST:
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 3 OF 3-0RDER NO. 2014-014
DESCHUTES COUNTY OFFICIAL RECORDS CJ ~12 1'"---;::1i!1dJ NANCY ILANlCENSHIP t COUNTY CLERIC t.U • ~
COtltlSSION!lS I Jcx.NAL
LEGAL COUNSEL UlIIIIIIIIIII'1 04112/2012 Da:5a:03 M
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Designated Persons to Provide *
Custody and Secure Transportation Services for Allegedly * ORDER NO.2012-0J7
Mentally III Persons in Custody of Peace Officers *
WHEREAS, Oregon Revised Statutes (ORS) 426.228 authorizes a peace officer to take into
custody a person who the officer has probable cause to believe is dangerous to self or to any other person
and is in need of immediate care, custody or treatment for mental illness; and
WHEREAS, peace officers are required by law to take persons into custody when the community
mental health and developmental disabilities program director notifies the officer that the director has
probable cause to believe that the person is imminently dangerous to self or to any other person; and
WHEREAS, upon recommendation by the community mental health and developmental
disabilities program director, the Board may authorize designated mental health staff to order persons to
be taken into custody pursuant to ORS 426.233; and
WHEREAS, Scott Johnson, the community mental health and developmental disabilities program
director, has advised that the persons named in the Order meet the standards established by Oregon
Health Authority rules and recommended that they be authorized to provide custody and secure
transportation services of persons in custody under ORS 426.228, as provided by law. Now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section l. Based upon the foregoing recitals and pursuant to ORS 426.233(3) the Board hereby
appoints from the Health Services Department-Behavioral Health Division: Terry Schroeder, Crisis
Assessment Team Supervisor; Anne Muir, Alyssa Reveles, Breanna Montoya,-Mobile Crisis Assessment
Team members; Don Murphy, Dan Crowley, Larissa Yoder, Crisis Assessment Team members; Lori Hill,
Adult Treatment Program Manager; Karen Tamminga, Adult Outpatient Supervisor; Jim Denman,
Community Support Services Supervisor; and Barrett Flesh, Child and Family Program Manager; who
are each authorized to perform all duties as outlined in Section 2.
Section 2. A designee of this section must be recommended by the community mental health and
developmental disabilities program director, meet the standards established by rule of the Oregon Health
Authority and be approved by the county governing body before assuming the authority permitted under
this section. Persons designated in Section 1 of this Order are specifically authorized to do the following:
(a) NotifY a peace officer to take the person into custody and direct the officer to remove the person to a
hospital or non hospital facility approved by the Oregon Health Authority;
(b) Authorize involuntary admission of, or, if already admitted, cause to be involuntarily retained in a
nonhospital facility approved by the authority, a person approved for care or treatment at a
nonhospital facility by a physician under ORS 426.232;
PAGE I oF2-ORDERNo.2012-017(3t291l2)
(c) Notify a person authorized under subsection (3) of this section to take the person into custody and
direct the authorized person to remove the person in custody to a hospital or non hospital facility
approved by the authority;
(d) Direct a person authorized under subsection (3) ofthis section to transport a person in custody from a
hospital or a nonhospital facility approved by the authority to another hospital or nonhospital facility
approved by the authority as provided under ORS 426.235; or
(e) Direct a person authorized under subsection (3) of this section to transport a person in custody from a
facility approved by the authority to another facility approved by the authority as provided under ORS
426.060.
Section 3. The county governing body may, upon recommendation by the community mental
health and developmental disabilities program director, authorize any person to provide custody and
secure transportation services for a person in custody under ORS 426.228. In authorizing a person under
this subsection, the county governing body shall grant the person the authority to do the following:
(a) Accept custody from a peace officer ofa person in custody under ORS 426.228;
(b) Take custody of a person upon notification by the community mental health program director under
the provisions of this section;
(c) Remove a person in custody to an approved hospital or nonhospital facility as directed by the
community mental health program director;
(d) Transfer a person in custody to another person authorized under this subsection or a peace officer;
(e) Transfer a person in custody from a hospital or nonhospital facility to another hospital facility or
nonhospital facility when directed to do so by the community mental health program director, and
(t) Retain a person in custody at the approved hospital or nonhospital facility until a physician makes a
determination under ORS 426.232.
Anthony DeBone, Chair
ArrEST: Alan Unger, Vice Chair
Recording Secretary Trun~er
PAGE 2 OF 2---ORDER NO.20 12-0 17 (3129/12)