Or. Admin. R. 309-033-0960 - Mental Health Examiner's Report to the Court
(1) Examiner assessment of evidence. The
examiner shall provide in a report to the court the examiner's opinion whether
the evidence supports or contradicts:
(a) The
allegation that the person has a mental disorder;
(b) The allegation that the person is a
danger to self or others, or is unable to provide for basic personal needs and
is not receiving such care as is necessary for health and safety; and
(c) That the person would cooperate with and
benefit from voluntary treatment.
(2) Mental status examination and
psychosocial history. In addition to considering other evidence presented at
the hearing, the examiner shall conduct a mental status examination and a
psychosocial history to determine whether the person alleged to be mentally ill
has a mental disorder.
(a) Mental status
examination. A mental status examination shall include review of the presence
of indicators of mental disorder in the following areas:
(A) Appearance. Features of the person's
dress, physical condition which may indicate the presence of a mental
disorder.
(B) Behavior. Features of
the person's behavior, movement or rate of speech which may indicate the
presence of mental disorder.
(C)
Thought content. Features of the content of the person's speech such as
delusions and hallucinations which may indicate the presence of a mental
disorder.
(D) Thought process.
Features of the person's expressed thoughts which may indicate that the person
is unable to think in a clear logical fashion and which may indicate the
presence of a mental disorder.
(E)
Insight. Features of the person's understanding of his/her current mental state
which may indicate the presence of a mental disorder.
(F) Judgment. Features of the person's
judgment about social situations and dangerous situations which may indicate
the presence of a mental disorder.
(G) Cognitive testing. Features of the
person's ability to concentrate, ability to remember recent and historical
events, ability to use abstract thinking, and ability to use or remember
generally known information which may indicate the presence of a mental
disorder.
(H) Emotions. Features of
the person's emotions, such as being inappropriate to the situation, which may
indicate the presence of a mental disorder.
(b) Psychosocial history. A psychosocial
history shall consider the presence of indicators of mental disorder in the
following areas:
(A) Psychiatric history.
(i) History of psychiatric or mental health
treatment;
(ii) History of
commitments for mental disorder including verification from the Division if
available; and
(iii) Current
participation in mental health treatment.
(B) Family history.
(i) Members of the person's family who have a
history of psychiatric or mental health treatment;
(ii) Members of the person's family who have
a history of commitment for mental disorder; or
(iii) Reports of family members who appear to
have had an untreated mental disorder.
(C) History of alcohol or drug abuse.
(i) History of abusing alcohol or
drugs;
(ii) Behaviors the person
may have displayed during the course of the investigation which are
substantially similar to behaviors that indicate the presence of a mental
disorder that may be attributable to the use of alcohol or drugs; or
(iii) If the person appears to have a mental
disorder, the effect of the person's current use of alcohol or drugs on
behaviors that may indicate the presence of a mental
disorder.
(D) History of a
loss of function.
(E) Social
function.
(F) Personal finances.
(i) Availability of financial resources to
provide for basic needs such as food and shelter;
(ii) Use of financial resources to meet needs
for food and shelter; and
(iii)
Other features of the manner in which the person uses money which would
indicate the presence of a mental disorder.
(G) Medical issues.
(i) Medical conditions that may produce
behaviors which are substantially similar to behaviors that indicate the
presence of a mental disorder; or
(ii) Medical conditions which contribute to
the seriousness of a mental disorder which appears to be
present.
(3) Assessment of dangerousness and ability
to provide basic needs. In addition to considering other evidence presented at
the hearing, the examiner shall conduct an assessment of the danger the person
represents to self or others and an assessment of the person's ability to
provide for basic personal needs.
(a) An
assessment of dangerousness to self shall consider the following areas:
(A) History of thoughts, plans or attempts at
suicide;
(B) Presence of thoughts,
plans or attempts at suicide;
(C)
Means and ability to carry out the plans for suicide;
(D) The potential lethality of the
plan;
(E) The probable imminence of
an attempt at suicide; and
(F)
Available support systems which may prevent the person from acting on the
plan.
(b) An assessment
of dangerousness to others shall consider the following areas:
(A) History of thoughts, plans, attempts or
acts of assaultiveness or violence;
(B) Presence of thoughts, plans, attempts or
acts of assaultiveness or violence;
(C) Means and ability to carry out the plans
for assaultiveness or violence;
(D)
The potential lethality of the plan;
(E) The probable imminence of an attempt at
assault or violence; and
(F)
Available support systems which may prevent the person from attempting an
assault or an act of violence.
(c) An assessment of the person's ability to
provide for basic personal needs shall consider the following areas:
(A) History of the person's ability to
provide for basic personal needs;
(B) The person's current use of resources to
obtain food, shelter, and health care necessary for health and
safety;
(C) Behaviors which result
in exposure to danger to self or other;
(D) Available support systems which may
provide the person care necessary for health and safety; and
(E) If the person appears to lack capacity to
care for self, the availability of a guardian who can assure the provision of
such care.
Notes
Stat. Auth.: ORS 413.042, 426.060 - 426.500
Stats. Implemented: ORS 426.005 - 426.395
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