HomeMy WebLinkAboutOrder 017 - Mental Health Custody AuthorizationDeschutes County Board of Commissioners
1300 NW Wall 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 April 11, 2012
Please see directions for completing this document on the next page.
DATE: March 29,2012
FROM: Terry Schroeder, Community Assessment Team Supervisor Phone # 541-388-3280
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2012-017, authorizing specific mental health staff to
order persons to be taken into custody pursuant to ORS 426.233.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Pursuant to Oregon Revised Statute (ORS) 426.233, the county governing body may, upon
recommendation by the community mental health and developmental disabilities program director,
authorize designated mental health staff to order persons to be taken into custody when there is
probable cause to believe the person is dangerous to self or to any other person and is in need of
immediate care, custody or treatment for mental illness. The Health Services Director assures that these
designees meet the standards established by Oregon Health Authority rules and are qualified to perform
the required duties.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
We request that the Board of Commissioners approve and sign Order No. 2012-017.
This will authorize 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; to perform the following duties:
(a) Notify a peace officer to take the person into custody and direct the officer to remove the
person to a hospital or nonhospital 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;
(c) Notify a person authorized under subsection (3) ofthis section to take the person into custody
and direct the authorized person to remove the person in custody to a hospital or nonhospital
facility approved by the authority;
(d) Direct a person authorized under subsection (3) of this 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.
ATTENDANCE: Terry Schroeder, Community Assessment Supervisor
DISTRIBUTION OF DOCUMENTS:
Executed copies to:
Terry Schroeder, Community Assessment Supervisor, Health Services
Kathe Hirschman, Administrative Supervisor, Health Services
For Recording Stamp Only
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.2012-017
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 staffto 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 1. 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 I 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 nonhospital 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-ORDER NO.2012-0J7 (3/29112)
(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 nonhospital 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) ofthis 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 of a 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.
Section 4. Each person designated in Section 1 of this Order shall retain the authority set forth in
this order so long as he or she continuously meets standards established by the Oregon Health Authority
and is employed with the County in the Health Services Department-Behavioral Health Division.
DATED this __day ________,2012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Anthony DeBone, Chair
ATTEST: Alan Unger, Vice Chair
Recording Secretary Tammy Baney, Commissioner
PAGE 2 OF 2-ORDER No.20 12-0 17 (3/29112)