426.060 Commitment to Oregon Health Authority; powers of authority; placement; transfer

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

426.060 Commitment to Oregon Health Authority; powers of authority; placement; transfer.

(1)Commitments to the Oregon Health Authority 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 authority may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070, 426.077 or 426.228 to 426.235:

(a)In its discretion and for reasons which are satisfactory to the authority, the authority may direct any court-committed person to the facility best able to treat the person. The decision of the authority on such matters shall be final.

(b)At any time, for good cause and in the best interest of the person with mental illness, the authority may transfer a committed person from one facility to another. When transferring a person under this paragraph, the authority 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 authority;

(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 person with mental illness, the authority may transfer a person receiving emergency care and treatment under ORS 426.070 or 426.228 to 426.235, or diversion from commitment under ORS 426.077, between hospitals and nonhospital facilities approved by the authority to provide emergency care or treatment as defined by rule of the authority.

(d)Pursuant to its rules, the authority may delegate to a community mental health program director the responsibility for assignment of persons with mental illness to suitable facilities or transfer between such facilities under conditions which the authority 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; 2009 c.595 §384; 2013 c.360 §17; 2025 c.559 §19]

(Commitment Procedure)