reglab/housing_qa huggingface dataset:
OR Rev Stat § 426.675 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing|Section 426.675 - Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules.

(1) When a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467 or 163.525 and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defendant to a facility designated under ORS 426.670 for a period not to exceed 30 days for evaluation and report. (2) If the facility reports to the court that the defendant is a sexually dangerous person and that treatment available may reduce the risk of future sexual offenses, the court shall hold a hearing to determine by clear and convincing evidence that the defendant is a sexually dangerous person. The state and the defendant shall have the right to call and cross-examine witnesses at such hearing. The defendant may waive the hearing required by this subsection. (3) If the court finds that the defendant is a sexually dangerous person and that treatment is available which will reduce the risk of future sexual offenses, it may, in its discretion at the time of sentencing: (a) Sentence the defendant to probation on the condition that the person participate in and successfully complete a treatment program for sexually dangerous persons pursuant to ORS 426.670; (b) Impose a sentence of imprisonment with the order that the defendant be assigned by the Director of the Department of Corrections to participate in a treatment program for sexually dangerous persons pursuant to ORS 426.670. The Department of Corrections and the Oregon Health Authority shall jointly adopt administrative rules to coordinate assignment and treatment of prisoners under this subsection; or (c) Impose any other sentence authorized by law. [1977 c.377 §3; 1979 c.606 §2; 1987 c.320 §231; 1993 c.14 §24; 2009 c.595 §435]
OR Rev Stat § 426.680 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing|Section 426.680 - Trial visits for probationer.

(1) The superintendent of the facility designated under ORS 426.670 to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant a trial visit to a defendant committed as a condition of probation where: (a) The trial visit is not inconsistent with the terms and conditions of probation; and (b) The trial visit is agreed to by the community mental health program director for the county in which the person would reside. (2) Trial visit here shall correspond to trial visit as described in ORS 426.273 to 426.292 and 426.335, except that the length of a trial visit may be for the duration of the period of probation, subject to the consent of the sentencing court. [1973 c.443 §7; 1977 c.377 §4; 1985 c.242 §7; 2009 c.595 §436]
OR Rev Stat § 427.050 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.050

[Amended by 1953 c.155 §7; 1957 c.388 §12; 1961 c.661 §11; renumbered 427.065]
OR Rev Stat § 427.060 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.060

[Amended by 1961 c.661 §12; renumbered 427.067]
OR Rev Stat § 427.065 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.065

[Formerly 427.050; 1965 c.339 §8; 1975 c.155 §4; 1979 c.683 §12; renumbered 427.195]
OR Rev Stat § 427.104 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.104 - Developmental disability services; rules.

The Department of Human Services, with funds appropriated for that purpose by the legislature, shall: (1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services; (2) Provide consultation and training to community developmental disabilities programs in determining eligibility for developmental disability services; (3) Develop and periodically revise rules for determining eligibility for developmental disability services; (4) Coordinate diagnostic evaluations statewide to minimize duplication of tests and examinations; and (5) Provide consultation to appropriate agencies and individuals regarding persons evaluated to receive developmental disability services. [1953 c.631 §1; 1965 c.339 §21; 1971 c.74 §1; 1979 c.683 §13; 2001 c.900 §129; 2009 c.595 §437; 2011 c.658 §9; 2013 c.36 §5]
OR Rev Stat § 427.105 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.105 - Diagnostic evaluations; contents; purpose; rules.

(1) Pursuant to rules of the Department of Human Services, a diagnostic evaluation conducted to determine eligibility for developmental disability services may include, but is not limited to, the following: (a) A social history; (b) A psychological evaluation, including an appropriate individual test of intellectual capacity, an academic achievement test, a social development assessment and an adaptive behavior assessment; and (c) A medical evaluation including, if practicable, prenatal, natal, early postnatal and other past and family history. (2) The diagnostic evaluation shall also attempt to determine the existence of a developmental disability, such as an intellectual disability, epilepsy, cerebral palsy or autism, and specific learning disorders and to outline the most appropriate services for the treatment and training of the person, whether those services are immediately available or not. (3) A facility approved by the department to conduct diagnostic evaluations may contract with qualified persons to perform components of the evaluation. [1979 c.683 §14; 2013 c.36 §6]
OR Rev Stat § 427.109 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.109 - Complaint procedures.

(1) The Oregon Human Rights Commission established under ORS 427.401 shall receive complaints of violations of the rights afforded to an individual under ORS 427.107. With the consent of the individual, the individual’s guardian or any representative designated by the individual, the commission may request and receive information from the Department of Human Services that is relevant to a complaint. The commission shall have the right to meet with the Director of Human Services or a designee of the director to resolve a complaint. (2)(a) All confidential information received by the commission under this section must remain confidential and may be disclosed only in accordance with state and federal laws. (b) Commission members and staff may not make any public comment or publicly disclose any materials that relate to the personally identifiable information of an individual who alleges a violation or who appears before the commission under subsection (1) of this section. [2013 c.36 §2; 2019 c.296 §4] Note: See note under 427.107.
OR Rev Stat § 427.115 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.115 - Assessment of service needs and determination of service rate; rules.

(1) The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficient to meet the support needs of the individual. If an assessment of support needs results in a change to the service rate being paid to the service provider, the department or the department’s designee shall provide to the individual and the individual’s service provider and case manager and, if appropriate, to the individual’s guardian, primary caregiver or family members, a detailed accounting of the service rate paid to the service provider and the factors and weighting of factors used to determine the service rate. (2) The department or the department’s designee shall assess the support needs and determine the service rate, as described in subsection (1) of this section, no later than 90 days after the individual or the individual’s service provider, case manager, guardian, primary caregiver, family member or legal representative makes a request, based on significant changes to the individual’s support needs, for a new assessment of support needs and a redetermination of the service rate. (3) The department shall adopt by rule the procedures and criteria for requesting and conducting an assessment of support needs and a determination of a service rate under this section, using an advisory committee appointed in accordance with ORS 183.333. The rules shall include a procedure for contesting the denial of a request for assessment of support needs and redetermination of a service rate or the failure of the department or the department’s designee to respond to a request for assessment and redetermination within a reasonable period of time, as prescribed by the department by rule. [2013 c.604 §2; 2019 c.276 §2]
OR Rev Stat § 427.121 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.121 - Choice of community living setting.

(1) As used in this section, "adult" means an individual: (a) Who is at least 18 years of age; (b) Who has an intellectual or developmental disability; and (c) Who is eligible for, and who chooses to receive, developmental disability services. (2) An adult has the right to choose the adult’s community living setting. The Department of Human Services or the department’s designee shall present to an adult at least three types of community living settings, including an option for services in the adult’s own or family home: (a) Each year, prior to authorizing services in a community living setting for the adult. (b) When an adult is moving from one community living setting to another community living setting. (3) The department or the department’s designee may not authorize services in a new type of community living setting without first complying with subsection (2) of this section. (4) The department or the department’s designee is not required to present the options under subsection (2) of this section if: (a) The adult is at imminent risk to health or safety in the adult’s current placement setting; or (b) The adult is moving from one nonresidential setting to another nonresidential setting. [2013 c.602 §2; 2019 c.276 §3]
OR Rev Stat § 427.150 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.150

[1953 c.155 §5; 1963 c.411 §1; 1965 c.339 §12; 1969 c.597 §93; 1979 c.683 §27; renumbered 427.041]
OR Rev Stat § 427.154 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.154 - Individualized service plan; requirements; rules.

(1) Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability services. (2) Developmental disability services shall be provided pursuant to an individualized service plan that is developed and reassessed at least annually using a person-centered planning process. (3) The department shall ensure that each individual receiving developmental disability services and the individual’s guardian or legal representative has an active role in choosing the services, activities and purchases that will best meet the individual’s needs and preferences and to express those choices verbally, using sign language or by other appropriate methods of communication. (4) Developmental disability services must complement the existing formal and informal supports, services, activities and purchases available to an individual. (5) The department shall ensure that each individual and the individual’s guardian or legal representative has the opportunity to confirm satisfaction with the developmental disability services that the individual receives and to make changes in the services as necessary. (6) The department shall ensure that all individuals receiving developmental disability services have an equal opportunity for job placements. A provider of developmental disability services that offers job placements may not give preference to an individual who is a resident of a facility owned or operated by the provider when determining eligibility for a job placement. The residence of an individual may not be the exclusive factor in determining eligibility for a job placement. [Formerly 427.402; 2019 c.276 §4]
OR Rev Stat § 427.163 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.163 - Application of savings generated by support service brokerages.

The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any services. [Formerly 427.450]
OR Rev Stat § 427.215 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.215 - Need for commitment.

For the purposes of ORS 427.235 to 427.290, a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is either: (1) Dangerous to self or others; or (2) Unable to provide for the person’s basic personal needs and not receiving care as is necessary for the health, safety or habilitation of the person. [1979 c.683 §16; 2001 c.104 §153; 2011 c.658 §12; 2013 c.36 §7]
OR Rev Stat § 427.220 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.220

[1959 c.331 §2; 1961 c.661 §17; 1965 c.339 §14; 1973 c.277 §1; 1979 c.683 §7; renumbered 427.175]
OR Rev Stat § 427.225 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.225

[1961 c.661 §19; 1965 c.339 §15; 1973 c.277 §2; 1979 c.683 §9; renumbered 427.185]
OR Rev Stat § 427.245 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.245 - Hearing; citation to appear; notice; right to legal counsel.

(1) If the court, following receipt of an investigation report under ORS 427.235, concludes that there is probable cause to believe that the subject of the investigation has an intellectual disability and is in need of commitment for residential care, treatment and training, it shall, through the issuance of a citation as provided in subsection (2) of this section, cause the person to be brought before it at such time and place as it may direct for a hearing to determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. The person shall be given the opportunity to appear at the hearing. If the person is detained pursuant to ORS 427.255, the court shall hold the hearing within seven judicial days. (2) Upon a determination under subsection (1) of this section that probable cause exists to believe that the person has an intellectual disability and is in need of commitment for residential care, treatment and training, the court shall cause a citation to issue to the person or, if the person is a minor or incapacitated, to the parent or legal guardian of the person. The citation shall state the specific reasons the person is believed to be in need of commitment for residential care, treatment and training. The citation shall also contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, the right to have legal counsel appointed immediately if so requested, the right to subpoena witnesses in behalf of the person to testify at the hearing, the right to cross-examine all witnesses and such other information as the court may direct. The citation shall be served on the person by the community developmental disabilities program director or the designee of the director delivering a duly certified copy of the original to the person prior to the hearing. The person, the parents of the person or the legal guardian of the person shall have the opportunity to consult with legal counsel prior to being brought before the court. The community developmental disabilities program director or the designee of the director shall advise the person of the purpose of the citation and the possible consequences of the proceeding. [1979 c.683 §18; 1989 c.242 §1; 2009 c.595 §443; 2011 c.658 §14]
OR Rev Stat § 427.255 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.255 - Detention prior to investigation or hearing; care and maintenance while under custody.

(1) If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant of detention to either the community developmental disabilities program director or the sheriff of the county directing that the director, the sheriff or the designee of the director or sheriff take the person into custody and produce the person at the time and place stated in the warrant. At the time the person is taken into custody, the custodian shall advise the person or, if the person is incapacitated or a minor, the parents or guardian of the person of the person’s right to counsel, to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel appointed immediately. (2) A person taken into custody under subsection (1) of this section shall be provided all care, custody, evaluation and treatment required for the mental and physical health and safety of the person and the director of the facility retaining custody shall report any care, custody, evaluation or treatment provided the person to the court as required by ORS 427.280. Any diagnostic evaluation performed on such person shall be consistent with Department of Human Services rules and ORS 427.105. Any prescription or administration of drugs shall be the sole responsibility of the treating physician or naturopathic physician. The person shall have the right to the least hazardous treatment procedures while in custody, and the treating physician or naturopathic physician shall be notified immediately of the use of any mechanical restraints on the person. A note of each use of mechanical restraint and the reasons therefor shall be made a part of the person’s clinical record over the signature of the treating physician or naturopathic physician. [1979 c.683 §19; 2009 c.595 §444; 2011 c.658 §15; 2017 c.356 §51]
OR Rev Stat § 427.265 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 427 - Persons With Intellectual or Developmental Disabilities|Section 427.265 - Court to advise person of nature of proceeding and rights; appointment of legal counsel.

(1) At the time that a person who is alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training is brought before the court, the court shall advise the person of the reason for being brought before the court, the nature of the proceedings and the possible results of the proceedings. The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings, and that if the person does not have funds with which to retain suitable legal counsel, the court shall appoint such legal counsel to represent the person. If the person does not request legal counsel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of the person. (2) If no request for legal counsel is made, the court shall appoint suitable legal counsel. (3) If the person is unable to afford legal counsel, the court, if the matter is before a county or justice court, or the public defense services executive director, if the matter is before the circuit court, shall determine and allow, as provided in ORS 135.055, the reasonable expenses of the person and compensation for legal counsel. The expenses and compensation so allowed by a county court shall be paid by the county of residence of the person. The expenses and compensation determined by the public defense services executive director shall be paid by the public defense services executive director from funds available for the purpose. In all cases legal counsel shall be present at the hearing and may examine all witnesses offering testimony, and otherwise represent the person. (4) The court may, for good cause, postpone the hearing for not more than 72 hours to allow preparation for the hearing and order the continuation of detention authorized under ORS 427.255 during a postponement, if requested by the person, the legal counsel, parent or guardian of the person, an examiner or on the court’s own motion. [1979 c.683 §20; 1979 c.867 §13; 1981 s.s. c.3 §135; 2001 c.962 §71; 2011 c.658 §16]