Or. Admin. Code § 309-090-0005 - Definitions
(1) "Acuity of
symptoms" means the intensity and severity of the defendant's or youth's
psychiatric symptoms.
(2)
"Authority" means the Oregon Health Authority (OHA).
(3) "Capacity" means that the defendant or
youth is able to:
(a) Understand the nature
of the proceedings against the defendant or youth;
(b) Assist and cooperate with the counsel of
the defendant or youth; and
(c)
Participate in the defense of the defendant or youth.
(4) "Community restoration services" means
services and treatment necessary to safely allow a defendant to gain or regain
fitness to proceed in the community, which may include supervision by pretrial
services.
(5) "Competence" or
"competency" means the same as capacity.
(6) "Conditional Certification" means a
psychologist, psychiatrist, or a LCSW evaluator who has not been certified by
the Authority under these rules but who has received a temporary conditional
certification by a court to perform a forensic evaluation in a specific
criminal or delinquency case.
(7)
"Court" means a criminal court or juvenile court in this state with
jurisdiction over the defendant or youth.
(8) "Criminal Responsibility" means:
(a) A defendant who, as a result of a
qualifying mental disorder at the time of engaging in the alleged criminal
conduct, lacks the substantial capacity to either appreciate the criminality of
their conduct or to conform their conduct to the requirements of law;
or
(b) A youth who, as a result of
a qualifying mental disorder at the time the youth committed the act alleged in
the petition, lacked the substantial capacity to either appreciate the nature
and quality of the act or to conform the youth's conduct to the requirements of
law.
(9) "Defendant"
means a person who is tried as an adult in a court of criminal
jurisdiction.
(10) "Delinquency
case" means any case involving a person who is under 18 years of age and who
has committed an act that is a violation, or that if done by an adult would
constitute a violation, of a law or ordinance of the United States or a state,
county or city; and who is under the jurisdiction of the juvenile
court.
(11) "Division" means the
Health Systems Division of the Authority.
(12) "Evaluator" means a "certified
evaluator" as defined by ORS
161.309.
(13) "Fit to Proceed" or "Fitness to Proceed"
means the same as having capacity.
(14) "Forensic Evaluation" means that an
evaluator assesses the defendant's or youth's fitness to proceed or criminal
responsibility, completes a written evaluation, and submits it to the court or
attorneys in a criminal or delinquency case.
(15) "Full Certification" means a
psychiatrist, licensed psychologist, or LCSW is certified by the Authority to
perform forensic evaluations under these rules for the duration of 24
months.
(16) "Guilty Except for
Insanity" means that a Court has determined that a defendant lacks criminal
responsibility.
(17) "Hospital
level of care" means that a defendant requires the type of care provided by an
inpatient hospital in order to gain or regain fitness to proceed.
(18) "Incapacitated" or "incapable" means
that a defendant or youth is unable, as a result of a qualifying mental
disorder, to:
(a) Understand the nature of the
proceedings against the defendant or youth;
(b) Assist and cooperate with the counsel of
the defendant or youth; or
(c)
Participate in the defense of the defendant or youth.
(d) A youth cannot be found "incapacitated"
solely because:
(A) Of the age of the
youth;
(B) Of the current inability
of the youth to remember the acts alleged in the petition; or
(C) Evidence exists that the youth committed
the acts alleged in the petition while the youth was under the influence of
intoxicants or medication.
(19) "Juvenile" means the same as a
youth.
(20) "Juvenile
Certification" means an evaluator who has been certified by the Authority under
these rules to complete forensic evaluations of youths related to their fitness
to proceed and criminal responsibility, or related only to their fitness to
proceed in the case of LCSWs..
(21)
"Licensed Clinical Social Worker (LCSW)" means a regulated social worker
licensed with the Oregon Board of Licensed Social Workers pursuant to ORS
675.530.
(22) "Licensed Psychologist" means a
psychologist licensed pursuant to ORS
675.010 through
675.150 by the Oregon Board of
Psychologist Examiners.
(23)
"Oregon Forensic Evaluator Training Program" means a training program, approved
by the Authority, for psychiatrists, licensed psychologists, and LCSWs related
to the best practices and requirements for forensic evaluations performed under
these rules.
(24) "Psychiatrist"
means a physician licensed by the Oregon Medical Board pursuant to ORS
677.010 through
677.450 and who has completed an
approved residency training program in psychiatry.
(25) "Qualifying Mental Disorder" (formerly
"Mental disease or defect") means:
(a) A
developmental or intellectual disability, traumatic brain injury, brain damage
or other biological dysfunction that is associated with distress or disability
causing symptoms or impairment in at least one important area of the
defendant's or youth's functioning and is defined in the current Diagnostic and
Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric
Association; or
(b) Any diagnosis
of a psychiatric condition which is a significant behavioral or psychological
syndrome or pattern that is associated with distress or disability causing
symptoms or impairment in at least one important area of the defendant's or
youth's functioning and is defined in the Diagnostic and Statistical Manual of
Mental Disorders (DSM 5-TR) of the American Psychiatric Association.
(c) "Qualifying Mental Disorder" does not
include:
(A) A diagnosis solely constituting
the ingestion of substances (e.g., chemicals or alcohol), including but not
limited to transitory, episodic alcohol or drug-induced psychosis;
(B) An abnormality manifested solely by
repeated criminal or otherwise antisocial conduct;
(C) An abnormality constituting a personality
disorder; or
(D) Constituting
solely a conduct disorder for a youth.
(26) "Redacted Forensic Evaluation" means a
forensic evaluation report for which all identifying information of the client
and evaluator has been removed. Specific information that should be redacted
includes any information which may specifically identify the defendant or
youth, name and discipline of the evaluator, address, phone, fax or logos that
may identify the evaluator, qualifications of the evaluator that may identify
the evaluator.
(27) "Regulated
Social Worker" means a baccalaureate social worker registered under ORS
675.532, a master's social
worker licensed under ORS
675.533, a clinical social work
associate certified under ORS
675.537 or a clinical social
worker licensed under ORS
675.530.
(28) "Responsible Except for Insanity" means
that a Court has determined that a youth lacks criminal
responsibility.
(29) "Serious
mental condition" means the youth's mental condition requires supervision and
treatment services for the safety of others and is:
(a) A mental illness of major
depression;
(b) A mental illness of
bipolar disorder; or
(c) A mental
illness of psychotic disorder.
(30) "Successful completion of training"
means:
(a) Attendance at the entire Oregon
Forensic Evaluator Training Program; and
(b) Passing the examination given at the
conclusion of the training.
(31) "Temporary Certification" means a
psychiatrist, licensed psychologist, or LCSW is temporarily certified by the
Authority to perform forensic evaluations as permitted under these rules for
the duration of 12 months, with a possible extension of an additional three
months. Temporary Certification allows the evaluator time to complete their
Forensic Evaluator Training and/or to submit their required redacted forensic
evaluation reports to the Authority for Full Certification.
(32) "Treatment team" means the clinical
staff currently providing active psychiatric or psychological treatment to the
defendant or youth, including but not limited to an attending psychiatrist,
psychiatric mental health nurse practitioner, registered nurse, psychologist,
social worker, mental health therapist, or treatment care plan
specialist.
(33) "Youth" means an
individual who is under 18 years of age and who is alleged to have committed an
act that is a violation, or, if done by an adult would constitute a violation,
of a law or ordinance of the United States or a state, county, or city; and who
is under the exclusive original jurisdiction of the juvenile court.
Notes
Statutory/Other Authority: ORS 161.392 & 419C.382
Statutes/Other Implemented: ORS 161.290-373, 419C.378-386, 161.392, 419C.411 & 419C.520-529
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