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HomeMy WebLinkAboutAgenda 11-14-23; 8-b - Resolution to Amend Involuntary Commitment Transportation Plan 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 2023 Action Agenda Item No. 8-b SUBJECT: Resolution to Amend Involuntary Commitment Transportation Plan DEPARTMENT: Sheriff's Office ATTACHMENT(S): INFORMATION CONTACT: A Resolution Supporting Involuntary Sheriff Charles S. Blackwood, Commitment Transportation Services 919.245.2900 by the UNC Health Care System to Jennifer Galassi, Legal Advisor to the Youth Behavioral Hospital (Butner, Sheriff, 919.245.2952 NC) Involuntary Commitment Transportation Plan October 24, 2023 Consent Letter from UNC Health President Janet Hadar PURPOSE: To approve a resolution amending the Orange County Involuntary Commitment Transportation Plan. BACKGROUND: On March 10, 2020, the Orange County Board of Commissioners adopted the Orange County Involuntary Commitment (IVC) Transportation Plan pursuant to North Carolina General Statutes § 122C-251(g). This statute permits the Board to designate law enforcement personnel, volunteers, or other public or private agency personnel to provide all or parts of the transportation services required by involuntary commitment proceedings. The UNC Health Care System (UNC Health) will soon begin operating a new facility in Butner, North Carolina known as "Youth Behavioral Hospital," which will operate as an inpatient psychiatric facility, providing treatment and care to minors who are experiencing behavioral health crises. In anticipation of the high volume of patients at the facility, UNC Health desires to conduct certain transportation services through its law enforcement officers, security personnel, and other staff by providing transportation of certain involuntary commitment respondents between the facilities it operates in Orange County and the Youth Behavioral Hospital. FINANCIAL IMPACT: The provision of the transportation services by UNC Health from UNC Health's Orange County facilities to the Youth Behavioral Hospital in Butner will be at no cost to Orange County. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY 2 The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the Resolution. 3 Before the Orange County Board of Commissioners A RESOLUTION SUPPORTING INVOLUNTARY COMMITMENT TRANSPORTATION SERVICES BY THE UNC HEALTH CARE SYSTEM TO YOUTH BEHAVIORAL HOSPITAL (BUTNER, NC) WHEREAS, pursuant to N.C. Gen. Stat. § 122C-251(a), Orange County has the duty to provide, through its law enforcement officers, transportation under the civil commitment proceedings of Article 5 of Chapter 122C of the North Carolina General Statutes for: (i) respondents who reside in Orange County; and, (ii) respondents taken into custody within Orange County (the "Transportation Services"); and, WHEREAS, N.C. Gen. Stat. § 122C-251(8) permits the Orange County Board of Commissioners to designate law enforcement personnel, volunteers, or other public or private agency personnel to provide all or parts of the Transportation Services required by involuntary commitment proceedings (an "IVC Transportation Plan"), provided such designated persons are willing and trained as set forth in N.C. Gen. Stat. § 122C-202.2(a)(3), and further provided any such IVC Transportation Plan assures adequate safety and protection of both the public and the respondent; and it further appearing all requirements of section 251(8) are satisfied here; and, WHEREAS, as required by N.C. Gen. Stat. § 122C-251(8), the Orange County Board of Commissioners has adopted an IVC Transportation Plan, and the UNC Heath Care System ("UNC Health") now desires to provide certain Transportation Services consistent with that plan; and, WHEREAS, UNC Health currently operates facilities within Orange County at which involuntary civil commitment respondents are located, including but not limited to inpatient psychiatric facilities and emergency departments; and WHEREAS, UNC Health will soon begin operating a new facility in Butner, North Carolina known as "Youth Behavioral Hospital" which will operate as an inpatient psychiatric facility and will provide treatment and care to minors who are experiencing behavioral health crises; and, WHEREAS, UNC Health anticipates that a high volume of patients at its Orange County facilities who are involuntary civil commitment respondents will require Transportation Services from those Orange County facilities to Youth Behavioral Hospital; and, WHEREAS, UNC Health anticipates this high demand for Transportation Services from its Orange County facilities to Youth Behavioral Hospital will exist on a regular and sustained basis into the indefinite future; and, Page 1 of 3 4 WHEREAS, UNC Health recognizes that—barring modification to the current Orange County IVC Transportation Plan—the Orange County Sheriffs Office will bear responsibility for meeting this increased need for Transportation Services; and, WHEREAS, UNC Health recognizes that meeting this increased need has the potential to divert resources from the many other vital functions the Orange County Sheriffs Office provides within the Orange County community; and, WHEREAS, it is in the best interest of UNC Health to ensure its patients receive Transportation Services to Youth Behavioral Hospital promptly, including outside of regular business hours; and, WHEREAS, UNC Hospitals —which is part of UNC Health Care System— maintain a campus law enforcement agency, pursuant to N.C. Gen. Stat. § 116-40.5, with law enforcement officers assigned to its Orange County facilities as well as to the Youth Behavioral Hospital; and WHEREAS, UNC Hospitals generally has equipment and staff available to transport patients; and WHEREAS, UNC Health now desires to conduct certain Transportation Services directly through its law enforcement officers, security personnel, and other personnel (collectively, "Transportation Personnel") by providing transportation of certain involuntary civil commitment respondents between its Orange County facilities to the Youth Behavioral Hospital in a manner consistent with the terms of the Orange County IVC Transportation Plan, as approved by the Orange County Board of Commissioners on 10 March 2020; and, WHEREAS, UNC Health desires to continue to utilize the Orange County Sheriffs Office as needed for Transportation Services unrelated to the Youth Behavioral Hospital, and may from time to time still desire to utilize the Orange County Sheriffs Office as needed for Transportation Services related to the Youth Behavioral Hospital; and, WHEREAS, all Transportation Personnel will receive Crisis Intervention Training; UNC Health will supply vehicles for the transportation of involuntary civil commitment respondents; UNC Health will maintain the following insurance coverages: (General Liability coverage equal to or greater than $1 million per occurrence / $2 million aggregate per annum; Commercial Automobile insurance, including bodily injury/property damage liability. coverage, equal to or greater than $1 million per accident for any vehicle used in the provision of services, including owned, hired, and non- owned vehicles; and coverage under the North Carolina Workers Compensation Act); UNC Health will comply with applicable law in the custody and transportation of •involuntary civil commitment respondents; and, to the extent permitted by law, including the North Carolina Tort Claims Act, Page 2 of 3 5 UNC Health agrees to indemnify and hold harmless Orange County and the Orange County Sheriff and his employees and agents with respect to Transportation Services conducted by UNC Health; and WHEREAS, the provision of such Transportation Services by UNC Health from UNC Health's Orange County facilities to the Youth Behavioral Hospital will be at no cost to Orange County: NOW, THEREFORE IT IS RESOLVED, that, as permitted by N.C. Gen. Stat. § 122C-251(g), UNC Health may transport respondents under involuntary civil commitment proceedings between its Orange County facilities to the Youth Behavioral Hospitals in Butner, North Carolina, consistent with the Orange County IVC Transportation Plan as approved by the Orange County Board of Commissioners on 10 March 2020. UNC Health shall comply with and follow the applicable requirements and procedures of Article 5 of Chapter 122C of the North Carolina General Statutes and shall receive the benefits of designation under N.C. Gen. Stat. § 122C- 251(8) during such transports. Except for the delegation of transportation authority to UNC Health delineated herein, all responsibilities and obligations identified under the Orange County IVC Transportation Plan, as adopted by the Orange County Board of Commissioners on 10 March 2020, remain unchanged. The adoption of this resolution shall not be construed as creating any agency or other relationship between Orange County, the Orange County Sheriff's Office, and UNC Health. This designation is intended to serve only as the designation required by N.C. Gen. Stat. § 122C-251(g). This resolution shall become effective fifteen days after the date of its adoption in order to afford time to accommodate the notice requirements imposed by N.C. Gen. Stat. § 122C-251(8)(3). ADOPTED by the Orange County Board of Commissioners this the day of , 2023. Jamezetta Bedford Chair, Orange County Board of Commissioners Attest: Laura Jensen Clerk, Orange County Board of Commissioners Page 3 of 3 5 6 IVC TRANSPORTATION PLAN I. 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 7 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 8 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 NC individual if it appears necessary for protection of themselves, the NC 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. 9 Janet Hadar U "N4 C President, UNC Hospitals 101 Manning Dr. HEALTH Med Wing E,3rd Floor O Chapel Hill, NC 27514 October 2023 Jamezetta Bedford Chair, Orange County Board of Commissioners 300 W. Tryon St. Whitted Bldg. Rm-220 Hillsborough, NC 27278 Chair Bedford, I am writing to provide the Orange County Board of Commissioners with the written consent of UNC Hospitals to the proposed modification of the Orange County Involuntary Commitment Transportation Agreement which is currently pending before the Board. This written consent is required by N.C. Gen. Stat. § 122C-251(g)(3). If adopted, the proposed modification will designate UNC Hospitals as an agency authorized to transport patients under involuntary civil commitment at its Orange County facilities from those facilities to Youth Behavioral Hospital in Butner, North Carolina. YBH—scheduled to open later this year—is an inpatient psychiatric facility operated by UNC Hospitals where children from across the State who are experiencing behavioral health crises will come to receive treatment and care. Historically, UNC Hospitals has been required to exclusively rely on the Orange County Sheriff's Office to transport patients to inpatient psychiatric facilities like YBH. This proposed modification, however, will authorize UNC Hospitals to transport patients to YBH without involvement from the Sheriff. Both Orange County and UNC Hospitals will benefit from such an arrangement. I urge the Orange County Board of Commissioners to approve this modification. Please contact me if I can provide you with any further information regarding this matter. Best regards, ?anit Hadar President UNC Hospitals Page 1 of 1