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HomeMy WebLinkAboutAgenda - 03-10-20; 8-g - Adoption of Involuntary Commitment Transport Plan 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 10, 2020 Action Agenda Item No. 8-g SUBJECT: Adoption of Involuntary Commitment Transport Plan DEPARTMENT: Sheriff's Office ATTACHMENT(S): IINFORMATION CONTACT: Attachment 1: NC DHHS Memorandum Sheriff Charles S. Blackwood, Dated October 24, 2018- 919.245.2900 Summary of Action Items Jennifer Galassi, Legal Advisor to the Required by Senate Bill Sheriff, 919.245.2900 630 (Session Law 2018-33) Attachment 2: IVC Transportation Plan PURPOSE: To adopt a plan (transportation agreement) for the custody and transportation of respondents under involuntary commitment from one entity to another. BACKGROUND: Senate Bill 630 (Session Law 2018-33): An Act Revising the Laws Pertaining to Involuntary Commitment in order to Improve the Delivery of Behavioral Health Services in North Carolina was approved in June 2018. The Bill requires the governing body of a city or county to adopt a plan (transportation agreement) for the custody and transportation of respondents under involuntary commitment from one entity to another. The Orange County Behavioral Health Task Force formed a subcommittee work group to draft a transportation agreement. The agreement tracks the language of North Carolina General Statute § 122C-251 and has been reviewed and is supported by the Carrboro Police Department, the Chapel Hill Police Department, the Orange County Sheriff's Office, and the UNC-Chapel Hill Police Department. FINANCIAL IMPACT: There is no financial impact to the County. North Carolina General Statute § 122C-251(h) sets forth the costs and expenses of custody and transportation of a respondent. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. 2 ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board adopt the Involuntary Commitment Transportation Plan. 3 STATF y NC DEPARTMENT OF HEALTH AND ROY COOPER • Governor - - HUMAN SERVICES MANDY COHEN,MD,MPH • Secretary Division of Mental Health,Developmental KODY H.KINSLEY• Deputy Secretary for Behavioral Health&IDD F$a,„ Disabilities and Substance Abuse Services MEMORANDUM Date: October 24, 2018 To: North Carolina Association of County Commissioners (NCACC) North Carolina League of Municipalities From: Kody H. Kinsley, Deputy Secretary for Behavioral Health & IDD Subject: Summary of Action Items Required by Senate Bill 630 (Session Law 2018-33): An Act Revising the Laws Pertaining to Involuntary Commitment in order to Improve the Delivery of Behavioral Health Services in North Carolina. New legislation (SB630) was passed in June of 2018 to revise the Involuntary Commitment process. The Department of Health and Human Services recognizes that successful implementation of SB630 will require collaboration among all stakeholders and thus, we would like to facilitate this joint effort. To aid in the discussion, we are reaching out with a brief review of the city/county-specific action items and their relevant due dates. We are asking how we can be supportive in this process, including coordination with the LME-MCOs. SB630 City/County Specific Items: • Previously optional, SB630 requires the governing body of a city or county to adopt a plan (transportation agreement)for the custody and transportation of respondents under involuntary commitment from one entity to another. • The city has the duty to provide transportation of a respondent who is a resident of the city or who is physically taken into custody in the city limits. The county has the duty to provide transportation for a respondent who resides in the county outside of city limits or who is physically taken into custody outside of city limits. Cities and counties may contract with each other to provide transportation. • Law enforcement, local acute care hospitals, and mental health providers shall participate in developing the transportation agreement. • This agreement may designate law enforcement officers, volunteers, or other public or private personnel to provide custody and transport for individuals undergoing involuntary commitment proceedings. • Private personnel or agencies contracting for transportation services shall complete training identified by the applicable LME-MCO to ensure safety for both the respondent and public. Law enforcement may request to participate. NC DEPARTMENT OF HEALTH AND HUMAN SERVICES 101 Blair Drive,Raleigh,NC - 919.855-4800 • www.ncdhhs.gov AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 4 • Transportation agreements shall be submitted to NC DMH/DD/SAS, area magistrates, county clerks of court and the LME-MCO that serves the city or county by January 1, 2019. Subsequently modified transportation plans shall be submitted to the same entities at least 10 days prior to their effective date. • LME-MCOs shall adopt a community crisis services plan that incorporates the transportation agreement and facilitates the first commitment examination in conjunction with a health screening for individuals under involuntary commitment. Please note that this memo is only intended to provide a high level overview; for details, please refer to Senate Bill 630/Session Law 2018-33 . We look forward to hearing how we can best partner with the NCACC and NC League of Municipalities in this process. Questions/comments can be directed to IVCCommunication(cDdhhs.nc.gov. 2 5 IVC TRANSPORTATION PLAN 1. Issuance of Transportation Order and Service A. A Magistrate or clerk of Superior Court shall evaluate petitions for involuntary commitment. B. If the involuntary commitment criteria are met, the magistrate or Clerk of Court will issue a Custody Order to law enforcement. C. A law enforcement officer must take the respondent into custody within 24 hours after the order is signed. II. Transportation for Initial Examination A. Without unnecessary delay after assuming custody, the law enforcement officer shall take the respondent to an area facility for examination by a physician, eligible psychologist, or any health professional or mental health professional who is certified to perform the first examination for involuntary commitment as provided in Chapter 122C of the North Carolina General Statutes. B. When the respondent is a resident of the city, or is taken into custody within the city limits, that city's police department will provide transportation in accordance with the order. If the respondent lives in the county, or is taken into custody in the county, then the county must transport the respondent. C. If the transportation order requires the respondent to be transported to a facility outside the county, then the county is responsible for the transportation regardless of whether the respondent resides in the city or the county. D. A clerk, magistrate, or district court judge may authorize the family or immediate friends of the respondent, if they so request, to transport the respondent pursuant to IVC procedures. This authorization shall only be granted in cases where the danger to the public, the family or friends of the respondent, or the respondent himself or herself is not substantial. The family or immediate friends of the respondent shall bear the costs of providing this transportation. III. Transportation between Facilitates A. If the commitment examiner finds that the respondent is mentally ill and is dangerous to self or others the commitment examiner shall recommend inpatient commitment, and shall so show on the examination report. B. Upon notification, the law enforcement officer or other designated person shall take the respondent to a 24-hour facility pending a district court hearing. 6 C. To the extent feasible, in providing the transportation of the respondent, the law enforcement agency shall act within six hours of notification. Other designated persons shall take the respondent to a 24-hour facility within six hours of notification. D. If a 24-hour facility is not immediately available or appropriate to the respondent's medical condition, the respondent may be temporarily detained under appropriate supervision at the site of the first examination. 1. Upon the commitment examiner's determination that a 24-hour facility is available and medically appropriate, the law enforcement officer or other designated person shall transport the respondent after receiving a request for transportation by the facility of the commitment examiner. 2. To the extent feasible, in providing the transportation of the respondent, the law enforcement agency shall act within six hours of notification. Other designated persons shall transport the respondent without unnecessary delay and within six hours after receiving a request for transportation by the facility of the commitment examiner. E. The law enforcement agency who originally took the respondent into custody is responsible for transporting the respondent from the initial examination to the designated 24-hour facility if the facility is located within the county. F. Transportation between counties for respondents held in 24-hour facilities who have requested a change of venue for the district court hearing shall be provided by the county where the petition for involuntary commitment was initiated. IV. Outpatient Treatment and Discharges A. If the physician recommends outpatient treatment, or neither inpatient nor outpatient treatment, the agency who originally took the respondent into custody shall return the respondent to the respondent's regular residence or, with the respondent's consent, to the home of a consenting individual located in the originating county. B. Transportation between counties for discharge of a respondent from a 24-hour facility shall be provided by the county of residence of the respondent. However, a respondent being discharged from a facility may use his own transportation at his own expense. V. Procedural Considerations A. To the extent feasible, in providing transportation of a respondent, a city or county shall provide a driver or attendant who is the same sex as the respondent, unless the law enforcement officer allows a family member of the respondent to accompany the respondent in lieu of an attendant of the same sex as the respondent. 7 B. Law enforcement officers should advise respondents when taking them into custody that they are not under arrest and have not committed a crime, but are being taken into custody and transported to receive treatment and for their own safety and that of others. C. To the extent feasible, law enforcement agencies transporting an IVC individual should provide a driver or attendant of the same gender or, alternatively, allow a family member of the IVC individual to accompany them. D. Law enforcement officers may use reasonable force to restrain the IVC individual if it appears necessary for protection of themselves, the IVC individual or others. Officers shall use every effort to avoid restraint of a child under age 10 unless the child's behavior or other circumstances dictate that restraint is necessary. E. Law enforcement officers shall respond to all inquiries from the destination facility concerning the IVC individual's behavior and any use of restraints during custody or transport, unless the information is confidential or would compromise a law enforcement investigation. F. The cost and expenses of custody and transportation of a respondent are set forth in GS 122C-251(h). VI. Other A. This Agreement may be modified by mutual agreement of all the parties. B. Any party may withdraw from this Agreement by written notice from its governing body. C. This Agreement shall be submitted to the magistrates in the judicial district of each party to the Agreement, to the county clerks of court, to the LME/MCO that serves the city or county, and to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.