HomeMy WebLinkAboutOrder 065 - Authorize CustodyDeschutes County Board of Commissioners
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(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 28, 2009
Please see directions for completing this document on the next page.
DATE: October 21, 2009
FROM: Terry Schroeder, Community Assessment Supervisor Phone: 388 -3280
Health Services -- Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2009 -065, authorizing specific behavioral 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 behavioral health and developmental disabilities program
director, authorize designated behavioral 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 State Department of Human Service s
rules and are qualified to perform the required duties.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
We request that the Board of Commissioners authorize Breanna Montoya of the Mobile Community
Assessment Team and Karen Tamminga, the Adult Treatment Outpatient Supervisor, and Jim Denman,
the Community Support Services Supervisor, and Barrett Flesh, the 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 Department of Human Services;
(b) Authorize involuntary admission of, or, if already admitted, cause to be involuntarily retaineo
in a hospital or nonhospital facility approved by the department, a person approved for care c r
treatment at a hospital or nonhospital facility by a physician under ORS 426.232;
(c) Notify a person authorized under subsection (3) of this section to take the person into custod-
and direct 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 subsection (3) of 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 subsection (3) of 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.
ATTENDANCE: Terry Schroeder, Community Assessment Supervisor
DISTRIBUTION OF DOCUMENTS:
Executed copies to:
Nancy England, Contract Specialist, Health Services
Terry Schroeder. Community Assessment Supervisor, Health Services
Kathe Hirschman, Health Services
REVIjVED
(
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 -065
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
behavioral 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 behavioral health and developmental
disabilities program director, the Board may authorize designated behavioral health staff to order persons
to be taken into custody pursuant to ORS 426.233; and
WHEREAS, Scott Johnson, the community behavioral health and developmental disabilities
program director, has advised that the persons named in the 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 Health Services Department — Behavioral Health Division Breanna Montoya of the
Mobile Community Assessment Team and Karen Tamminga, the Adult Treatment Out - Patient
Supervisor, and Jim Denman, the Community Support Services Supervisor. and Barrett Flesh. the 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 behavioral health
and developmental disabilities program director. meet the standards established by rule of the department
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 nonhospital facility approved by the Department of Human Services;
(b) Authorize involuntary admission of, or, if already admitted, cause to be involuntarily retainel .
in a hospital or nonhospital facility approved by the department, a person approved for care or
treatment at a hospital or nonhospital facility by a physician under ORS 426.232:
(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 department;
(d) Direct a person authorized under subsection (3) of 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 subsection (3) of 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. The county governing body may, upon recommendation by the community behavioral
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 behavioral health and
developmental disabilities program director under the provisions of this section;
(c) Remove a person in custody in an approved hospital or nonhospital facility as directed by the
community behavioral health and developmental disabilities 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 behavioral health and
developmental disabilities program director; and
(f) 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 Department of Human
Services and is employed with the County in the Health Services Department — Behavioral Health
Division.
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— BEHAVIORAL HEALTH - ORDER No.2009 -065
Exhibit A
Mental Health Designees, Deschutes County Behavioral Health Dept.
Terry Schroder
Anne Muir
Alyssa Reveles
Bre Montoya
Kevin Shaw
Mel Monohan
Larissa Yoder
Karen Tamminga
Health
Jim Denman
Health
Barrett Flesh
Behavioral Health
Updated October 22, 2009
Community Assessment Team Supervisor
Mobile Crisis Assessment Team
Mobile Crisis Assessment Team
Mobile Crisis Assessment Team
Community Assessment Team
Community Assessment Team
Community Assessment Team
Adult Out Patient Supervisor, Behavioral
Adult Community Support , Behavioral
Child and Family Manager,