reglab/statecodes huggingface dataset:
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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 427.292, a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is:
(1) Determined eligible for developmental disability services under ORS 427.104; and
(2)(a) Dangerous to self or others; or
(b) 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; 2023 c.339 §3]
2023 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]
2023 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 incapacitated, to the 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 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; 2023 c.339 §5]
2023 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, the 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; 2023 c.339 §6]
2023 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 executive director of the Oregon Public Defense Commission, 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 executive director shall be paid by the 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, 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; 2023 c.281 §73; 2023 c.339 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.270 - Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination.

(1) The examining facility conducting the diagnostic evaluation shall make its report in writing to the court. Where components of the diagnostic evaluation have been performed within the previous year according to Department of Human Services rules and ORS 427.105, and the records of the evaluation are available to the examining facility pursuant to ORS 179.505 and department rules, the results of such evaluation may be introduced in court in lieu of repetition of those components by the examining facility. If the facility finds, and shows by its report, that the person examined has an intellectual disability and is in need of commitment for residential care, treatment and training, the report shall include a recommendation as to the type of treatment or training facility most suitable for the person. The report shall also advise the court whether in the opinion of the examining facility the person and, if the person is incapacitated, the legal guardian of the person would cooperate with voluntary treatment or training and whether the person would benefit either from voluntary treatment or training or from appointment of a legal guardian or conservator.
(2) Upon request by the person or the legal guardian or legal counsel of the person, the court shall appoint an additional physician, naturopathic physician or psychologist, or both, to examine the person and make separate reports in writing to the court. However, the court shall not appoint more than one additional physician or naturopathic physician and one additional psychologist to examine the person. [1979 c.683 §21; 2011 c.658 §17; 2017 c.356 §52; 2023 c.339 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.275 - Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs.

(1) Any physician, naturopathic physician or psychologist employed by the court to make a diagnostic evaluation of a person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, shall be allowed a fee as the court in its discretion determines reasonable for the evaluation. The costs of the evaluation shall be paid by the county of residence of the person or, if the person has no residence within the state, by the county in which the person is taken into custody. The county shall not be held responsible for the costs of prior examinations or tests reported to the court, or of diagnostic evaluations performed or arranged by the community developmental disabilities program or Department of Human Services.
(2) Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases and are subject to compulsory attendance in the same manner as provided in ORS 136.567 to 136.603. The attendance of out-of-state witnesses may be secured in the same manner as provided in ORS 136.623 to 136.637. The party who subpoenas the witness or requests the court to subpoena the witness is responsible for payment of the cost of the subpoena and payment for the attendance of the witness at a hearing. When the witness has been subpoenaed on behalf of a person who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055. [1979 c.683 §31; 1987 c.606 §10; 2001 c.962 §72; 2009 c.595 §445; 2011 c.658 §18; 2017 c.356 §53]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.280 - Treatment given after citation issued; notice to court.

The community developmental disabilities program director or, if a person has been detained under ORS 427.255, the director of the facility retaining custody of a person alleged to be in need of commitment for residential care, treatment and training shall fully advise the court of all treatment known to have been administered to the person after a citation has been issued to the person. [1979 c.683 §22; 2009 c.595 §446; 2011 c.658 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.285 - Witnesses required at hearing; cross-examination.

The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training shall have the right to cross-examine all witnesses, the investigator and the representative. [1979 c.683 §23; 2011 c.658 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.290 - Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator.

After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. If in the opinion of the court the person is not in need of commitment for residential care, treatment and training, the person shall be discharged. If in the opinion of the court the person has, by clear and convincing evidence, an intellectual disability and is in need of commitment for residential care, treatment and training, the court may order as follows:
(1) If the person can give informed consent and is willing and able to participate in treatment and training on a voluntary basis, and the court finds that the person will do so, the court shall order release of the person and dismiss the case.
(2) If a relative, a friend or legal guardian of the person requests that the relative, friend or legal guardian be allowed to care for the person for a period of one year in a place satisfactory to the court and shows that the relative, friend or legal guardian is able to care for the person and that there are adequate financial resources available for the care of the person, the court may commit the person and order that the person be conditionally released and placed in the care and custody of the relative, friend or legal guardian. The order may be revoked and the person committed to the Department of Human Services for the balance of the year whenever, in the opinion of the court, it is in the best interest of the person.
(3) If in the opinion of the court voluntary treatment and training or conditional release is not in the best interest of the person, the court may order the commitment of the person to the department for care, treatment or training. The commitment shall be for a period not to exceed one year with provisions for continuing commitment pursuant to ORS 427.235 to 427.292. A new diagnostic evaluation under ORS 427.270 is not required for proceedings to determine continued commitment.
(4) If in the opinion of the court the person may be incapacitated, the court may appoint a legal guardian or conservator pursuant to ORS chapter 125. The appointment of a guardian or conservator shall be a separate order from the order of commitment. [1979 c.683 §24; 1995 c.664 §97; 2011 c.658 §21; 2013 c.36 §9; 2023 c.339 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.292 - Parental consent required for involuntary commitment of minor child.

ORS 427.235 to 427.292 do not permit a court to order an involuntary commitment of a minor child to the Department of Human Services without the consent of the minor child’s parent or legal guardian. [2023 c.339 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.293 - Disclosure of record of proceeding.

(1) In any proceeding conducted under ORS 427.235 to 427.292, the court may not disclose any part of the record, including any report submitted to the court under ORS 427.270, to any person except:
(a) The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290, to the Department of State Police for persons described in ORS 181A.290 (1)(c) to enable the department to maintain the information and transmit the information to the federal government as required under federal law;
(b) On request of the person subject to the proceeding;
(c) On request of the person’s legal representative or the attorney for the person or the state; or
(d) Pursuant to court order.
(2) In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court’s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450, provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person who is alleged to have an intellectual disability. [1999 c.82 §2; 2009 c.826 §3; 2011 c.332 §§3,6b; 2011 c.547 §46; 2013 c.1 §62; 2013 c.36 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.295 - Appeal of commitment order; appointment of legal counsel; costs.

If a person appeals a commitment order issued under ORS 427.290, the court, upon request of the person or upon its own motion and upon finding that the person is financially eligible for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid as provided in ORS 138.500. [1979 c.867 §15; 1981 s.s. c.3 §136; 1985 c.502 §26; 2001 c.962 §73; 2011 c.658 §22; 2023 c.281 §74]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.300 - Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing.

(1) The Department of Human Services may, at its discretion, direct any person with an intellectual disability who has been committed under ORS 427.290 to the facility best able to treat and train the person. The authority of the department on such matters shall be final.
(2)(a) At any time, for good cause and in the best interest of the person, the department may decide to transfer the person from one facility to another or discharge the person as no longer in need of residential care, treatment or training.
(b) At least 30 days prior to the transfer or discharge, the department shall notify, by regular mail, the person and the guardian or other individual entitled to custody of the person of the decision to transfer or discharge. The notice must inform the person of the right to appeal the department’s decision to transfer or discharge. In the case of a medical emergency, the department is not required to give 30 days’ notice but shall give the notice as soon as possible under the circumstances. The department shall define "medical emergency" by rule, including but not limited to an increase in the level of needed care or the person engaging in a behavior that poses an imminent danger to self or others.
(c) Except in a medical emergency, the person has the right to an administrative hearing prior to an involuntary transfer or discharge. ORS 441.605 (4) and the department’s rules governing transfer notices and hearings for residents of long term care facilities apply to a transfer or discharge under this section. If the person is being transferred or discharged for a medical emergency, the hearing must be held no later than seven days after the transfer or discharge. The department shall maintain a space in the facility for the person pending the administrative order.
(3) The department, pursuant to its rules, may delegate to a community developmental disabilities program director or a support services brokerage the responsibility for assignment of persons with intellectual disabilities to suitable facilities or transfer between such facilities under conditions that the department may define. [1979 c.683 §25; 2009 c.595 §447; 2011 c.658 §23; 2013 c.36 §11; 2023 c.339 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.306 - Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required.

(1) A person, not incarcerated upon a criminal charge, who has been alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated.
(2) A person alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, who is not incarcerated on a criminal charge, may not be confined without an attendant in charge of the person. If the person is not confined in a hospital or a facility, the community developmental disabilities program director or sheriff having the person in custody shall select some suitable individual to act as attendant in quarters suitable for the comfortable, safe and humane confinement of the person. The person shall be detained in the least restrictive setting consistent with the person’s emotional and physical needs and the protection of others. [1979 c.683 §26; 2009 c.595 §448; 2011 c.658 §24; 2013 c.36 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.330 - Definitions for ORS 427.330 to 427.340.

As used in ORS 427.330 to 427.340:
(1) "Care provider" means an individual, family member or entity that provides care.
(2) "Community housing" includes:
(a) Real property, including but not limited to buildings, structures, improvements to real property and related equipment, that is used or could be used to house and provide care for individuals with intellectual disabilities or other developmental disabilities; and
(b) A single-family home or multiple-unit residential housing that an individual with an intellectual disability or other developmental disability shares with other inhabitants, including but not limited to family members, care providers or friends.
(3) "Construct" means to build, install, assemble, expand, alter, convert, replace or relocate. "Construct" includes to install equipment and to prepare a site.
(4) "Equipment" means furnishings, fixtures, appliances, special adaptive equipment or supplies that are used or could be used to provide care in community housing.
(5) "Family member" means an individual who is related by blood or marriage to an individual with an intellectual disability or other developmental disability.
(6) "Financial assistance" means a grant or loan to pay expenses incurred to provide community housing.
(7) "Housing provider" means an individual or entity that provides community housing. [1999 c.753 §2; 2001 c.900 §130; 2007 c.70 §221; 2011 c.658 §25; 2013 c.36 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.335 - Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers.

(1) The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with intellectual disabilities or other developmental disabilities.
(2) The department may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the department considers advisable to increase the quality and quantity of community housing for individuals with intellectual disabilities or other developmental disabilities. The department may include in any instrument conveying fee title to community housing language that restricts the use of the community housing to provide care for individuals with intellectual disabilities or other developmental disabilities. Such restriction is not a violation of ORS 93.270. Any instrument conveying fee title to community housing under this subsection shall provide that equipment in the community housing is a part of and shall remain with the real property unless such equipment was modified or designed specifically for an individual’s use, in which case such equipment shall follow the individual.
(3) The department may provide financial assistance to a housing provider or a care provider that wishes to provide community housing for individuals with intellectual disabilities or other developmental disabilities under rules promulgated by the department.
(4) The department may transfer its ownership of equipment to care providers.
(5) When exercising the authority granted to the department under this section, the department is not subject to ORS 276.900 to 276.915 or 279A.250 to 279A.290 or ORS chapters 270 and 273. [1999 c.753 §3; 2003 c.794 §282; 2007 c.70 §222; 2011 c.658 §26]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.340 - Developmental Disabilities Community Housing Fund.

(1) There is established a Developmental Disabilities Community Housing Fund in the State Treasury, separate and distinct from the General Fund. All moneys in the Developmental Disabilities Community Housing Fund are continuously appropriated to the Department of Human Services to pay expenses incurred by the Department of Human Services in carrying out the provisions of ORS 427.330 and 427.335. Interest earned on moneys in the fund shall be credited to the fund.
(2) The fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative Assembly;
(b) Repayment of financial assistance provided to housing providers or care providers for community housing under ORS 427.335 (3);
(c) Moneys reallocated from other areas of the Department of Human Services’ budget; and
(d) Any earnings or interest credited to the fund. [1999 c.753 §4; 2001 c.954 §32; 2015 c.178 §3; 2019 c.551 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.347 - Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation.

(1) Notwithstanding the continuous appropriation of moneys in the Developmental Disabilities Community Housing Fund established under ORS 427.340, the balance of moneys remaining in the Community Housing Trust Account established in ORS 427.340 on January 1, 2020, that are unexpended, unobligated and not subject to any conditions shall be transferred to the Oregon Community Foundation for the purposes described in ORS 427.335. The foundation shall be advised by and shall consult with the advisory committee appointed under ORS 427.348 regarding any expenditures made from the moneys transferred to the foundation under this section.
(2) The Oregon Community Foundation shall annually report to the Department of Human Services the balance remaining of the moneys transferred under subsection (1) of this section and the uses for expenditures made from the moneys transferred. If the department finds that any expenditure is not authorized under the requirements of ORS 427.335, the foundation must pay to the department the amount of the unauthorized expenditure. The department shall deposit the payment to the Developmental Disabilities Community Housing Fund. [2019 c.551 §1]
Note:
427.347 and 427.348 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.348 - Appointment of advisory committee.

The Oregon Council on Developmental Disabilities shall appoint an advisory committee to advise and consult with the Oregon Community Foundation in making expenditures under ORS 427.347. The committee must include one individual each to represent:
(1) Support services brokerages;
(2) Community developmental disability programs;
(3) Oregon coalitions consisting of individuals with intellectual or developmental disabilities who encourage and facilitate self-advocacy by individuals with intellectual or developmental disabilities;
(4) Families of individuals with intellectual or developmental disabilities;
(5) The Housing and Community Services Department;
(6) Community-based residential providers of services to individuals with intellectual or developmental disabilities; and
(7) The system described in ORS 192.517 (1). [2019 c.551 §2]
Note:
See note under 427.347.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.401 - Oregon Human Rights Commission established; membership; rules.

(1) The Oregon Human Rights Commission is established within the Department of Human Services. The commission consists of nine members appointed by the Governor for not more than two consecutive three-year terms. The purpose of the commission is to safeguard the dignity and basic human rights of individuals who have an intellectual or developmental disability.
(2) The Governor shall appoint the following members who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565:
(a) One member who is an individual who has an intellectual or developmental disability and who receives services under ORS 427.007.
(b) One member who is a family member of an individual who has an intellectual or developmental disability.
(c) One member who is a sibling of an individual who has an intellectual or developmental disability.
(d) One member who is a self-advocate for the rights of individuals who have intellectual or developmental disabilities and who represents, in a professional capacity, an organization that promotes disability self-advocacy.
(e) Two members who are representatives from a disabilities advocacy organization.
(f) One member who is a service provider as defined in ORS 427.101.
(g) One member who represents the Department of Human Services.
(h) One member who is an expert regarding behavioral intervention models that have been approved by the Department of Human Services.
(3) In making appointments, the Governor shall solicit and consider recommendations from the Oregon Council on Developmental Disabilities and Disability Rights Oregon and shall make appointments in consideration of the different geographical regions of the state.
(4) The commission may appoint any medical, behavioral and educational professionals as the commission deems necessary to assist the commission in an advisory capacity only.
(5) A majority of the members of the commission constitutes a quorum for the transaction of business.
(6) Official action by the commission requires the approval of a majority of the members of the commission.
(7) The commission shall elect one of its members to serve as chairperson.
(8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.
(9) The commission shall meet at times and places specified by the call of the chairperson or of a majority of the members of the commission.
(10) The commission may adopt any rules the commission considers necessary for the commission to carry out its duties under this section and ORS 427.109. [2019 c.296 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.403 - Commission to establish statewide regional advisory committee.

The Oregon Human Rights Commission shall establish by rule a statewide regional advisory committee system. At a minimum, the system shall establish a process by which the regional advisory committees may conduct informational hearings regarding the violation of the rights of individuals who have intellectual or developmental disabilities and relay the information received to the commission for the commission’s consideration in adopting rules. [2019 c.296 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.900 - Authority of Department of Human Services to impose civil penalties; rules.

(1) The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS 183.745, for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS 409.010 (2) by any provider contracting with the department to provide intellectual or developmental disability services including, but not limited to:
(a) Residential training homes or residential training facilities, as defined in ORS 443.400;
(b) Adult foster homes, as defined in ORS 443.705, that provide residential care to individuals with intellectual or developmental disabilities; and
(c) Persons certified by the department to provide developmental disability services, as defined in ORS 427.101.
(2) This section may not be construed to supersede ORS 418.992 or 441.710 or any other statute that prescribes criteria for or limitations on the imposition of a civil penalty.
(3) Moneys collected by the department pursuant to rules adopted under this section shall be transferred to the State Treasury for deposit to the Department of Human Services Account established under ORS 409.060 and may be used by the division of the department that provides developmental disabilities services for system improvements and the implementation of policies.
(4) No less frequently than every five years, the department shall review and update, if appropriate, civil penalties established under this section.
(5) Civil penalties recovered from a residential training facility or a residential training home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.419. [2019 c.455 §8; 2023 c.206 §5]
Note:
427.900 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.205 - Declaration of policy.

It is declared to be the policy and intent of the Legislative Assembly that whenever a person physically present in the State of Oregon is in need of institutionalization by reason of mental illness or in need of residential care, treatment or training by reason of an intellectual disability, the person shall be eligible for care and treatment in an institution or facility of the State of Oregon irrespective of the residence of the person, settlement or citizenship qualifications. [1975 c.155 §2; 2007 c.70 §223; 2013 c.36 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.210 - Definitions for ORS 428.210 to 428.270.

As used in ORS 428.210 to 428.270:
(1) "Authority" means the Oregon Health Authority.
(2) "Department" means the Department of Human Services.
(3) "Facility" has the meaning given that term in ORS 427.005.
(4) "Foreign hospital" means an institution in any other state that corresponds to a state hospital.
(5) "Nonresident" means any person who is not a resident of this state.
(6) "Other state" includes all the states, territories, possessions, commonwealths and agencies of the United States and the District of Columbia, with the exception of the State of Oregon.
(7) "Patient" means any person who has been committed by a court of competent jurisdiction to a facility pursuant to ORS 427.235 to 427.292 or to a state hospital, except a person committed to a state hospital pursuant to ORS 161.341 or 161.370.
(8) "Resident of this state" means a person who resides in this state and who has not acquired legal residence in any other state. However, a service man or woman on active duty in the Armed Forces of the United States who was domiciled in Oregon upon entry into active duty and who has acquired no other domicile shall be entitled to have his or her child considered a resident of this state so long as no other domicile is acquired by the service man or woman.
(9) "State hospital" means any institution listed in ORS 426.010. [1957 c.388 §5; 1959 c.588 §19; 1967 c.299 §2; 1971 c.743 §368; 1977 c.380 §20; 2001 c.900 §131; 2009 c.595 §449; 2013 c.36 §17]