426.318 Reimbursement of county expenses for commitment proceedings involving nonresidents

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

426.318 Reimbursement of county expenses for commitment proceedings involving nonresidents.

(1)If a person with mental illness is a resident of some other county in this state, the county making the commitment shall be reimbursed by the county of which the person is a resident. All reasonable and actual expenses incurred and paid by the county by reason of the care, custody, treatment, investigation, examination and commitment hearing shall, upon presentation of a copy of the order of the judge making the examination and commitment, together with a properly itemized and certified claim covering the expense, be promptly paid to the county by the county of which the person was a resident. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 and 426.311.

(2)If a person alleged to have a mental illness is a resident of some other county in this state, a county attempting a commitment shall be reimbursed by the county of which the person is a resident, as defined in ORS 426.313, for all actual, reasonable expenses incurred and paid by the county attempting commitment by reason of the care, custody, treatment, investigation, examination and commitment hearing. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 and 426.311.

(3)In the case of a county that declines to operate or contract for a community mental health program, the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640, is responsible for reimbursing a county for the costs incurred by the county in the care, custody, treatment, investigation and examination of the person. [Formerly 426.310]