HomeMy WebLinkAboutRES-2023-073-Resolution to Amend Involuntary Commitment Transportation Plan RES - 2023 - 073 � �
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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 (g) 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
2 51 (g) are satisfied here ; and ,
WHEREAS , as required by N . C . Gen . Stat . § 122C - 251 (g) , 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,
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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,
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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 . § 11640 . 55
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
Sheriff' s 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 ,
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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 (g) 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 (g) ( 3) .
ADOPTED by the Orange County Board of Commissioners
this the `"I Y
da ofN**Ao %# 1 2023
a J ezett edford
«4 + � ` Chair , Orange County /oard of Commissioners
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aura Jense
i � $6 Clerk, Orange ounty Board of Commissioners
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