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Home My WebLink AboutOrder 014 - Custody - Secure Transportationt�J[E3 G �g 2� Deschutes 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 February 11, 2009 DATE: February 3, 2009 FROM: Lori Hill, Adult Treatment Program Manager, Deschutes County Mental Health, 541- 322 -7535 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order #2009 -014, document appointing specific individuals with the authority to act as designees for the purpose of ordering a Peace Officer to take a person into custody, pursuant to ORS 426.228 and ORS 426.233. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Oregon Revised Statutes (ORS) 426.228 authorizes Peace Officers to take into custody any person who the officer has probable cause to believe is dangerous to himself or herself or to any other person and is in need of immediate care custody or treatment for mental illness. 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 himself or herself or to any other person. 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. Based upon the foregoing recitals and pursuant to ORS 426.233(3) we request that the Board appoints from the Department of Mental Health Anne Muir, Alyssa Reveles and Tim Moore of the Mobile Crisis Team and Jennifer Malter- Barrows, Melissa Monahan, Kevin Shaw and Larissa Yoder of the Crisis Assessment Team, the Crisis Tee m Supervisor, Terry Schroeder and the Adult Treatment Program Manager, Lori Hill, authorization 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 Department of Human Services; (b) Authorize involuntary admission of, or if already admitted, cause to be involuntarily retained in a nonhospital facility approved by the department, a person approved for care or treatment at a nonhospital facility by a physician under ORS 426.232; (c) Notify a person authorized under this section to take the person into custody and direci the authorized person to remove the person in custody to a hospital or nonhospital facility approved by the department; (d) Direct a person authorized under this section to transport a person in custody from a hospital or nonhospital facility approved by the department to another hospital or nonhospital facility approved by the department as provided under ORS 426.235; (e) Direct a person authorized under this section to transport a person in custody from a facility approved by the department to another facility approved by the department as provided under ORS 426.060. FISCAL IMPLICATIONS: No fiscal implications. RECOMMENDATION & ACTION REQUESTED: Mental Health recommends approval. ATTENDANCE: Lori Hill, Adult Treatment Program Manager DISTRIBUTION OF DOCUMENTS: A fully executed copy to Nancy England, Contract Specialist, Mental Health Department. REVIEWED LEGAL COUNSEL 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 Mentally I11 Persons in Custody of Peace Officers * * ORDER NO. 2009-014 WHEREAS, Oregon Revised Statutes (ORS) 426.228 authorizes Peace Officers to take into custody any person who the officer has probable cause to believe is dangerous to himself or herself 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 himself or herself 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 this Order meet the standards established by State Department of Human Services 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 Department of Mental Health Anne Muir, Alyssa Reveles and Tim Moore of the Mobile Crisis Team and Jennifer Malter- Barrows, Melissa Monahan, Kevin Shaw and Larissa Yoder of the Crisis Assessment Team, the Crisis Team Supervisor, Terry Schroeder and the Adult Treatment Program Manager, Lori Hill, who are each authorized to perform all duties as outlined in Section 2. Section 2. 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 o a hospital or nonhospital facility approved by the Department of Human Services; (b) Authorize involuntary admission of, or if, already admitted, cause to be involuntarily retained in a nonhospital facility approved by the department, a person approved for care or treatment at a nonhospital facility by a physician under ORS 426.232; (c) Notify a person authorized under 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 tl e department; PAGE 1 OF 2- ORDER NO. 2009-014 (02/09/09) (d) Direct a person authorized under this section to transport a person in custody from a hospital or nonhospital facility approved by the department to another hospital or nonhospital facility approved by the department as provided under ORS 426.235; (e) Direct a person authorized under this section to transport a person in custody from a facility approved by the department to another facility approved by the department as provided under ORS 426.060. Section 3. Each person designated in Section 1 of this Order shall retain the authority set forth in this order so long as they continuously meet standards established by the Department of Human Services and are employed with the County in the Mobile Crisis Unit or Crisis Assessment Unit of the Mental Healt 1 Department. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS R. LUKE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2- ORDER No. 2009 -014 (02/09/09)