Oregon Statutes 426.180 – Emergency commitment of individuals in Indian country
(1) ORS § 426.180 to 426.210 apply to the commitment of an individual in Indian country if a federally recognized Indian tribe that has Indian country located within this state chooses to exercise the tribe’s authority over the commitment.
Terms Used In Oregon Statutes 426.180
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) As used in this section and ORS § 426.200 and 426.210, ‘hospital’ means a hospital that is licensed under ORS Chapter 441, other than an institution listed in ORS § 426.010.
(3) If the court of a tribe having jurisdiction over an individual issues an order finding that the individual is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness, a person may request that the individual be taken by a tribal police officer or other peace officer to a hospital or nonhospital facility by submitting to the officer a certified copy of the order and an affidavit that includes:
(a) The name and address of the nearest relative or legal guardian of the individual; and
(b) A medical history completed by one of the following, who may not be related to the individual by blood or marriage:
(A) The tribe’s mental health authority, if the tribe has entered into an agreement with the state pursuant to ORS § 430.630 (9)(a)(B);
(B) A qualified mental health professional; or
(C) A licensed independent practitioner.
(4) Upon receipt of the order and affidavit described in subsection (3) of this section, the tribal police officer or other peace officer shall immediately transport the individual to a hospital or a nonhospital facility and present the individual to the hospital or nonhospital facility accompanied by the court order and affidavit.
(5) The director of the hospital or nonhospital facility may refuse to admit the individual if a licensed independent practitioner, after reviewing the documents accompanying the individual, is not satisfied that an emergency exists or that the individual is dangerous to self or others and in need of immediate care, custody or treatment for mental illness.
(6) If the hospital or nonhospital facility admits the individual, the director or a licensed independent practitioner shall notify the community mental health program director for the area and the circuit court with jurisdiction in the area where the facility is located. Upon receipt of the notice, the community mental health program director shall initiate commitment proceedings in accordance with ORS § 426.070.
(7) If an individual is admitted to a hospital or nonhospital facility under this section, any licensed independent practitioner who is treating the individual shall give the individual the warning under ORS § 426.123.
(8) This section may be applied as provided by agreement with the governing body of the reservation. Payment of costs for a commitment made under this section shall be as provided under ORS § 426.250.
(9) The director of the hospital or nonhospital facility or licensed independent practitioner shall notify the appropriate tribe regarding all actions taken under ORS § 426.180 to 426.210 no later than 24 hours after the action is taken, except for information protected from disclosure by state or federal law. [Amended by 1953 c.442 § 2; 1975 c.690 § 12; 1987 c.903 § 21; 2007 c.70 § 204; 2009 c.595 § 397; 2012 c.25 § 1; 2015 c.461 § 9; 2019 c.247 § 2]
[Amended by 1969 c.391 § 2; repealed by 2012 c.25 § 6]