reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.220 - Determining residence; admission of person whose residence is not established.

(1) In determining whether or not any person committed by a court of competent jurisdiction to a state hospital, foreign hospital or facility is a resident of this state:
(a) The time spent in a state hospital or foreign hospital or on parole from a state hospital or foreign hospital, or in a facility shall not be counted in determining the residence of such person in this or any other state.
(b) The residence of such person at the time of commitment shall remain the residence of the person for the duration of the commitment of the person.
(2) The Department of Human Services may give written authorization for the admission to a facility whenever:
(a) The residence of any person cannot be established after reasonable and diligent investigation and effort.
(b) The peculiar circumstances of a case, in the judgment of the department, provide a sufficient reason for the suspension of the residence requirement provided by ORS 428.210 (8).
(3) The Oregon Health Authority may give written authorization for the admission to the Oregon State Hospital whenever:
(a) The residence of any person cannot be established after reasonable and diligent investigation and effort.
(b) The peculiar circumstances of a case, in the judgment of the authority, provide a sufficient reason for the suspension of the residence requirement provided by ORS 428.210 (8). [1957 c.388 §6; 2009 c.595 §450; 2013 c.36 §18; 2015 c.318 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.230 - Return of nonresident patients; admission of eligible persons.

(1) Except as provided in ORS 428.205, 428.220 and 428.330, the Department of Human Services and the Oregon Health Authority shall return nonresident patients to any other state in which they may have legal residence.
(2) The department may give written authorization for the return to a facility of a resident of Oregon who has been committed by a court of competent jurisdiction to a foreign hospital.
(3) The facility shall admit and care for any person eligible for admission pursuant to subsection (2) of this section or ORS 428.220 (2) upon receipt of a certified copy of the commitment papers and the written authorization of the department.
(4) The authority may give written authorization for the return to the Oregon State Hospital of a resident of Oregon who has been committed by a court of competent jurisdiction to a foreign hospital.
(5) The superintendent of the Oregon State Hospital shall admit and care for any person eligible for admission pursuant to subsection (4) of this section or ORS 428.220 (3) upon receipt of a certified copy of the commitment papers and the written authorization of the authority. [1957 c.388 §7; 1975 c.155 §5; 2009 c.595 §451; 2013 c.36 §19; 2015 c.318 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.240 - Reciprocal agreements for interstate exchange of nonresident patients.

(1) For the purpose of facilitating the return of nonresident patients, the Department of Human Services may enter into a reciprocal agreement with any other state for the mutual exchange of persons committed by a court of competent jurisdiction to a facility pursuant to ORS 427.235 to 427.292 or to a foreign hospital, whose legal residence is in the other’s jurisdiction.
(2) For the purpose of facilitating the return of nonresident patients, the Oregon Health Authority may enter into a reciprocal agreement with any other state for the mutual exchange of persons committed by a court of competent jurisdiction to the Oregon State Hospital or a foreign hospital, whose legal residence is in the other’s jurisdiction.
(3) In such agreements, the department or authority may:
(a) Only for purposes of mutual exchange with the other state, vary the period of residence required by ORS 428.210 (8).
(b) Provide for the arbitration of disputes arising out of the mutual exchange of such persons between this state and any other state. [1957 c.388 §8; 2009 c.595 §452; 2013 c.36 §20; 2015 c.318 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.250 - Liability for expenses of returning nonresident patients.

(1) Except as provided in ORS 428.270, all expenses incurred under ORS 428.230 and 428.240 in returning nonresident patients from this state to any other state shall be paid by this state.
(2) All expenses of returning residents of this state shall be borne by the other state making the return. [1957 c.388 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.260 - Transportation of nonresident patients; payment of expenses.

(1) For the purpose of carrying out the provisions of ORS 428.210 to 428.270, the Department of Human Services or the Oregon Health Authority may employ all help necessary in arranging for and transporting nonresident patients.
(2) The cost and expense of providing such assistance and all expenses incurred in effecting the transportation of such patients shall be paid from funds appropriated for that purpose upon vouchers approved by the department, the authority or the superintendent of the Oregon State Hospital. [1957 c.388 §10; 1985 c.511 §2; 2009 c.595 §453; 2013 c.36 §21; 2015 c.318 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.270 - Liability of persons for care and return of nonresident persons with mental illness.

(1) Any person, except an officer, agent or employee of a common carrier acting in the line of duty, who brings or in any way aids in bringing into this state any patient without the written authorization of the Department of Human Services or the Oregon Health Authority, shall be liable to this state for all expenses incurred in the care of such patient and in the transportation of such patient to the other state where the patient legally resides.
(2) Hospitals, other than state hospitals, that care for and treat persons with mental illness shall be responsible for the return of those persons to their places of residence or domicile outside the state if they are brought into this state for treatment and care and are discharged from such institutions without being fully recovered.
(3) Failure to comply with the provisions of subsection (2) of this section shall render the person operating the hospital liable to reimburse the state for all expenses incurred in the care, maintenance and return of the persons with mental illness to their places of residence or domicile outside the state. [1957 c.388 §11; 2007 c.70 §224; 2009 c.595 §454; 2013 c.36 §22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.320 - Compact administrator; rules; supplementary agreements.

(1) When the person who is the subject of the Interstate Compact on Mental Health is being transported to or from a facility, the Department of Human Services shall carry out the duties of compact administrator, may adopt rules to carry out more effectively the terms of the compact, and may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. The power of termination of the compact formerly vested in the Board of Control under ORS 428.310 is vested in the department.
(2) When the person who is the subject of the compact is being transported to or from the Oregon State Hospital, the Oregon Health Authority shall carry out the duties of compact administrator, may adopt rules to carry out more effectively the terms of the compact, and may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. The power of termination of the compact formerly vested in the Board of Control under ORS 428.310 is vested in the authority. [1957 c.388 §15; 1961 c.706 §28; 2009 c.595 §456; 2013 c.36 §23; 2015 c.318 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 428 - Nonresident Persons With Mental Illness or Intellectual Disabilities › Section 428.330 - Dealing with state not party to compact.

(1) The Department of Human Services or the Oregon Health Authority may comply with the terms of the Interstate Compact on Mental Health in dealing with a state which is not a party of the interstate compact.
(2) When the department or the authority acts under subsection (1) of this section, the term "party state," as used in the Interstate Compact on Mental Health, includes states which are not parties of the interstate compact. [1975 c.155 §3; 2009 c.595 §457]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.010 - Definitions.

As used in this chapter:
(1) "Outpatient service" means:
(a) A program or service providing treatment by appointment and by:
(A) Physicians licensed under ORS 677.100 to 677.228;
(B) Psychologists licensed by the Oregon Board of Psychology under ORS 675.010 to 675.150;
(C) Nurse practitioners licensed by the Oregon State Board of Nursing under ORS 678.010 to 678.410;
(D) Regulated social workers authorized to practice regulated social work by the State Board of Licensed Social Workers under ORS 675.510 to 675.600;
(E) Professional counselors or marriage and family therapists licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.715 to 675.835; or
(F) Naturopathic physicians licensed by the Oregon Board of Naturopathic Medicine under ORS chapter 685; or
(b) A program or service providing treatment by appointment that is licensed, approved, established, maintained, contracted with or operated by the authority under:
(A) ORS 430.265 to 430.380 and 430.610 to 430.880 for alcoholism;
(B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to 430.880 for drug addiction; or
(C) ORS 430.610 to 430.880 for mental or emotional disturbances.
(2) "Residential facility" means a program or facility providing an organized full-day or part-day program of treatment. Such a program or facility shall be licensed, approved, established, maintained, contracted with or operated by the authority under:
(a) ORS 430.265 to 430.380 and 430.610 to 430.880 for alcoholism;
(b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to 430.880 for drug addiction; or
(c) ORS 430.610 to 430.880 for mental or emotional disturbances. [Derived from 1961 c.706 §§1,37; 1969 c.597 §81; 1983 c.601 §1; 1987 c.411 §4; 1989 c.721 §52; 1991 c.292 §1; 2001 c.900 §132; 2007 c.70 §225; 2009 c.442 §38; 2009 c.549 §3; 2009 c.595 §458; 2011 c.658 §27; 2011 c.673 §15; 2013 c.36 §24; 2017 c.6 §2; 2017 c.356 §54; 2017 c.409 §12; 2019 c.358 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.030 - Application of ORS 430.021.

The enumeration of duties, functions and powers under ORS 430.021 shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the Department of Human Services or the Oregon Health Authority by other provisions of law. [1961 c.706 §3; 1969 c.597 §85; 2009 c.595 §460]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.050 - Mental Health Advisory Board; Disability Issues Advisory Committee; rules.

(1) The Director of the Oregon Health Authority, with the approval of the Governor, shall appoint at least 15 but not more than 20 members of a Mental Health Advisory Board, composed of both lay and professionally trained individuals, qualified by training or experience to study the problems of mental health and make recommendations for the development of policies and procedures with respect to the state mental health programs. The membership shall provide balanced representation of program areas and shall include persons who represent the interests of children. At least four members of the board shall be persons with disabilities who shall serve as the Disability Issues Advisory Committee which is hereby established. The members of the board shall serve for terms of four years and are entitled to compensation and expenses as provided in ORS 292.495. The director may remove any member of the board for misconduct, incapacity or neglect of duty.
(2) The Oregon Health Authority shall adopt rules specifying the duties of the board. In addition to those duties assigned by rule, the board shall assist the authority in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health programs, in accordance with ORS 430.630 (3)(e).
(3) The board shall meet at least once each quarter.
(4) The director may make provision for technical and clerical assistance to the Mental Health Advisory Board and for the expenses of such assistance.
(5) The Disability Issues Advisory Committee shall meet at least once annually to make recommendations to the Mental Health Advisory Board.
(6) As used in this section, "person with a disability" means any person who:
(a) Has a physical or mental impairment which substantially limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment. [1961 c.706 §18; 1969 c.314 §36; 1969 c.597 §86; 1981 c.750 §12; 1989 c.116 §4; 1989 c.777 §1; 2007 c.70 §227; 2009 c.595 §461]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.071 - Policies to support and promote independence and self-determination.

The Oregon Health Authority shall adopt policies that support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services. The policies shall be designed to remove barriers that:
(1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and
(2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law. [2007 c.805 §1; 2009 c.595 §462; 2022 c.5 §1]
Note:
430.071 to 430.078 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.073 - Consumer Advisory Council.

(1) As used in this section and ORS 430.075, "consumer" means a person who has received or is receiving mental health, addiction or substance use disorder services.
(2) Consistent with the principles embodied in ORS 430.071 to support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services, the Director of the Oregon Health Authority shall maintain a Consumer Advisory Council to:
(a) Advise the director on the provision of mental health, addiction and substance use disorder services by the Oregon Health Authority and operate as a representative body that facilitates input from and communication with the peer constituency of the council.
(b) Review, evaluate and provide feedback, as permitted by federal law, on select deidentified site review reports related to mental health, addiction and substance use disorder services provided by the authority.
(c) Review, evaluate or publish impacts, advisories or fiscal benefit estimates for the director or the peer constituency of the council, or as public information, concerning any policy proposals developed in accordance with ORS 430.071.
(d) Recommend policies in accordance with ORS 430.071.
(e) Provide perspectives and experiences.
(f) Communicate concerns, emergency needs or general conditions related to the delivery of mental health, addiction and substance use disorder services.
(3) The director shall appoint 15 to 25 consumers to the council from a list of candidates submitted by:
(a) Existing consumers on the council; or
(b) A seven-person committee, appointed by the members of the council, consisting of individuals who represent independent consumer-run organizations, consumer-run advocacy organizations and consumer-operated advisory councils that are active or headquartered in this state.
(4) In selecting the candidates to be submitted to the director under subsection (3) of this section, the council or committee shall strive for the balance described in subsection (5) of this section and otherwise encourage outreach to new members and diverse groups in the consumer or peer community.
(5) In making appointments to the council, the director shall strive to balance the representation according to geographic areas of the state, race, ethnicity, gender identity and age.
(6) The authority shall provide administrative support to the council.
(7) A member of the council is entitled to compensation in an amount determined by the director and to actual and necessary travel expenses incurred by the member in the performance of the member’s official duties. Claims for compensation and expenses shall be paid out of funds appropriated to the authority for purposes of the council. [2007 c.805 §2; 2009 c.595 §463; 2015 c.287 §1; 2022 c.5 §2]
Note:
See note under 430.071.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.075 - Consumer participation on task forces, commissions, advisory groups and committees.

(1) Subject to the limitations in subsection (2) of this section, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, shall be consumers, with representation balanced by age.
(2) Subsection (1) of this section applies only to task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, that:
(a) Primarily relate to persons with mental health or addiction issues; and
(b) Are subject to ORS 192.630. [2007 c.805 §3]
Note:
See note under 430.071.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.078 - Rules.

The Oregon Health Authority shall adopt rules to implement ORS 430.071 to 430.075. [2007 c.805 §4; 2009 c.595 §464]
Note:
See note under 430.071.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.140 - Federal grants for promoting mental health.

(1) The Oregon Health Authority is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting mental health, including grants for mental hygiene programs, as may be available to this state or any of its political subdivisions or agencies.
(2) For the purposes of subsection (1) of this section, the authority shall:
(a) Disburse or supervise the disbursement of all funds made available at any time by the federal government or this state for those purposes, except the funds made available by the state for the care of dependent or delinquent children in public or private institutions.
(b) Adopt, carry out and administer plans for those purposes. Plans so adopted shall be made statewide in application insofar as reasonably feasible, possible or permissible, and shall be so devised as to meet the approval of the federal government or any of its agencies, not inconsistent with the laws of the state. [1961 c.706 §15; 2009 c.595 §465]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.160 - Federal funds deposited in special account.

All funds allotted to the state by the Surgeon General, the Treasury Department, or other agency of the United States for the construction and operation of community facilities in carrying out the state plan for the promotion of mental health or developmental disability services, shall be deposited with the State Treasurer and shall be credited to a special account in the State Treasury, separate from the General Fund, to be used as a depository for such federal funds. Such funds hereby are continuously appropriated and shall be expended solely for the purpose of construction and operation of community facilities and in accordance with the plan upon which the allotment to the state was based. [1965 c.557 §5; 2009 c.595 §466]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.165 - Fee schedules; collection of fees; definition.

The Oregon Health Authority may prescribe fee schedules for any of the programs that it establishes and operates under ORS 430.265, 430.306 to 430.375, 430.405, 430.415 and 430.850 to 430.880. The fees shall be charged and collected by the authority in the same manner as charges are collected under ORS 179.610 to 179.770. When the authority acts under this section, "person in a state institution" or "person at a state institution" or any similar phrase, as defined in ORS 179.610, includes a person who receives services from a program for which fee schedules are established under this section. [1975 c.181 §2; 1983 c.338 §927; 2001 c.900 §228; 2009 c.595 §467; 2018 c.76 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.195 - Receipt of funds for client use; disbursements from trust accounts; authority of other agencies.

(1) The Department of Human Services may receive funds that are the property of the department’s clients or are contributed for the use of the department’s clients. The department shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account shall be credited to the account.
(2) The Oregon Health Authority may receive funds that are the property of the authority’s clients or are contributed for the use of the authority’s clients. The authority shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account shall be credited to the account.
(3) Disbursements from a trust account shall be made for purposes for which the contributions or payments were made to the department or the authority. When such purposes include the care or maintenance of a client, the department or the authority may draw reimbursements from the account to pay for care and services provided to the client.
(4) The department or the authority may by interagency agreement authorize another state agency to exercise the authority granted under this section. Any system of accounts used for purposes of this subsection shall provide detailed accountability for each receipt and disbursement of funds for each client. The department and the authority shall remain accountable for the proper handling of the trust accounts authorized by this section. [1999 c.829 §7; 2009 c.595 §469]
Note:
430.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.197 - Mental Health Services Fund.

The Mental Health Services Fund is established in the State Treasury, separate and distinct from the General Fund. The Mental Health Services Fund comprises moneys collected or received by the Oregon Health Authority, the Department of Human Services and the Department of Corrections under ORS 179.640, 426.241 and 430.165. The moneys in the fund are continuously appropriated to the Oregon Health Authority, the Department of Human Services and the Department of Corrections for the purposes of paying the costs of:
(1) Services provided to a person in a state institution, as defined in ORS 179.610;
(2) Emergency psychiatric care, custody and treatment paid under ORS 426.241;
(3) Emergency care, custody or treatment provided to a person admitted to or detained in a state mental hospital or nonhospital facility under ORS 426.070, 426.140, 426.180 to 426.210, 426.228, 426.232 or 426.233; and
(4) Programs operating under ORS 430.265, 430.306 to 430.375, 430.405, 430.415 and 430.850 to 430.880. [2011 c.720 §226; 2012 c.25 §5; 2015 c.785 §8; 2018 c.76 §5]
Note:
430.197 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.205 - Definitions for ORS 430.205 and 430.210.

As used in this section and ORS 430.210:
(1) "Facility" means any of the following that are licensed or certified by the Oregon Health Authority or that contract with the authority for the provision of services:
(a) A health care facility as defined in ORS 442.015;
(b) A domiciliary care facility as defined in ORS 443.205;
(c) A residential facility as defined in ORS 443.400; or
(d) An adult foster home as defined in ORS 443.705.
(2) "Person" means an individual who has a mental illness and receives services from a program or facility.
(3) "Program" means:
(a) A community mental health program established under ORS 430.620;
(b) A public or private entity contracting with the authority under ORS 430.021 to provide services; or
(c) Any other provider that is paid directly or indirectly by the authority to provide services in the community.
(4) "Services" means mental health services described in ORS 430.630. [1993 c.96 §2; 2009 c.595 §470; 2011 c.720 §167; 2013 c.36 §26; 2019 c.236 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.212 - Reconnection of family members to individual with developmental disability; rules.

(1) The Department of Human Services shall establish a process by rule that implements the reconnection of family members with an individual with a developmental disability as defined in ORS 427.005.
(2) The rules adopted under subsection (1) of this section shall include a process that provides guidance for the release of information about the individual to family members when:
(a) The individual is incapable of providing consent for the release of information;
(b) The individual does not have a guardian or any representative designated by the individual who is authorized to release information; and
(c) The release of information is in the best interests of the individual as determined by the department. [2005 c.550 §2; 2011 c.658 §39]
Note:
430.212 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.215 - Responsibility for developmental disability services and psychiatric treatment services for children.

(1) The Department of Human Services shall be responsible for planning, policy development, administration and delivery of services to children with developmental disabilities and their families. Services to children with developmental disabilities may include, but are not limited to, case management, family support, crisis and diversion services, intensive in-home services, and residential and foster care services. The department may deliver the services directly or through contracts with private entities, counties under ORS 430.620 or other public entities.
(2) The Oregon Health Authority shall be responsible for psychiatric residential and day treatment services for children with mental or emotional disturbances. [1993 c.676 §28(2); 1999 c.316 §1; 2009 c.595 §472; 2013 c.36 §28]
Note:
430.215 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.216 - Report to Legislative Assembly.

(1) The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly:
(a) On the safety of individuals receiving developmental disability services including, but not limited to:
(A) The average turnover of direct care workers in service settings.
(B) A summary of the training provided by the department or its contractors to direct care workers in service settings.
(C) A summary of the core competencies required of direct care workers in service settings by the state for licensing or certification.
(D) A summary of the average wages of direct care workers in service settings, presented by type of services provided.
(E) The number of complaints of abuse filed as required by ORS 430.765 and received by the department under ORS 430.743, reported by type of allegation.
(F) The number of direct care workers in service settings who were subject to criminal or civil action involving an individual with a developmental disability.
(G) The number of deaths, serious injuries, sexual assaults and rapes alleged to have occurred in service settings.
(b) A schedule of all license fees and civil penalties established by the department by rule pursuant to ORS 443.455 and 443.790.
(2) The department shall provide the report described in subsection (1)(a) of this section to the appropriate legislative committees, the Oregon Council on Developmental Disabilities and to the agency designated to administer the state protection and advocacy system under ORS 192.517.
(3) As used in this section, "service settings" means any of the following that provide developmental disability services:
(a) An adult foster home as defined in ORS 443.705;
(b) A residential facility as defined in ORS 443.400;
(c) A location where home health services, as defined in ORS 443.014, are received by a resident;
(d) A location where in-home care services, as defined in ORS 443.305, are received by a resident; and
(e) A domiciliary care facility as defined in ORS 443.205. [2009 c.837 §4; 2009 c.828 §79; 2011 c.9 §60; 2011 c.545 §54; 2013 c.36 §29; 2017 c.679 §37]
Note:
430.216 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.220 - Director; appointment; powers and duties.

(1) The Governor shall appoint a Director of the Alcohol and Drug Policy Commission who shall serve at the pleasure of the Governor and be responsible for the dissemination and implementation of the Alcohol and Drug Policy Commission’s policies and the performance of the commission’s duties, functions and powers.
(2) The director shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor.
(3) Subject to ORS chapter 240, the director shall appoint all employees of the commission, prescribe their duties and fix their compensation.
(4) The director has all powers necessary to effectively and expeditiously carry out the duties, functions and powers of the commission.
(5) The director shall enter into agreements with participating state agencies for the sharing of information as necessary to carry out the duties of the commission. The agreements shall ensure the confidentiality of all information that is protected from disclosure by state and federal laws. [2018 c.44 §2; 2022 c.63 §1]
Note:
430.220 to 430.223 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.223 - Comprehensive addiction, prevention, treatment and recovery plan; rules.

(1) For purposes of this section, "program" means a state, local or tribal alcohol and drug abuse prevention and treatment program.
(2) The Alcohol and Drug Policy Commission established under ORS 430.221 shall develop a comprehensive addiction, prevention, treatment and recovery plan for this state. The plan must include, but is not limited to, recommendations regarding:
(a) Capacity, type and utilization of programs;
(b) Methods to assess the effectiveness and performance of programs;
(c) The best use of existing programs;
(d) Budget policy priorities for participating state agencies;
(e) Standards for licensing programs;
(f) Minimum standards for contracting for, providing and coordinating alcohol and drug abuse prevention and treatment services among programs that use federal, private or state funds administered by the state; and
(g) The most effective and efficient use of participating state agency resources to support programs.
(3) All participating state agencies shall:
(a) Meet with the commission on a quarterly basis to review and report on each agency’s progress on implementing the plan; and
(b) Report to the commission, in the manner prescribed by the commission, each agency’s process and outcome measures established under the plan.
(4) The commission shall review and update the plan no later than July 1 of each even-numbered year and shall produce and publish a report on the metrics and other indicators of progress in achieving the goals of the plan.
(5) The commission may:
(a) Conduct studies related to the duties of the commission in collaboration with other state agencies;
(b) Apply for and receive gifts and grants for public and private sources; and
(c) Use funds received by the commission to carry out the purposes of ORS 430.220 and 430.221 and this section.
(6) All participating state agencies and local agencies shall assist the commission in developing the comprehensive addiction, prevention, treatment and recovery plan.
(7) The commission may adopt rules to carry out its duties under this section. [Formerly 430.242; 2022 c.63 §3]
Note:
See note under 430.220.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.230 - Definitions.

As used in ORS 430.230 to 430.236:
(1) "Comprehensive community supports and services" includes:
(a) Community-based mental health or substance use disorder treatment programs;
(b) Community restoration services as defined in ORS 161.355;
(c) Evidence-based and tribal-based programs designed to reduce hospital and jail utilization by target populations; and
(d) Programs aimed at diverting individuals with nonperson criminal charges experiencing mental illness or substance use disorders from the criminal justice system.
(2) "County" includes a single county or a regional consortium of counties. [2019 c.563 §6; 2021 c.395 §13]
Note:
430.230 to 430.238 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.233 - Improving People’s Access to Community-based Treatment, Supports and Services Account.

The Improving People’s Access to Community-based Treatment, Supports and Services Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee for the purpose of carrying out ORS 430.231. [2019 c.563 §2]
Note:
See note under 430.230.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.235 - Grant Review Committee; approval and distribution of grants.

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall administer the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231, in consultation with the Oregon Health Authority.
(2) The committee shall be responsible for approving grant applications and for distributing the grant moneys in accordance with rules adopted by the committee under ORS 430.231. The committee shall designate a percentage of the funds to be set aside and awarded to at least one federally recognized Indian tribe.
(3) The committee may advocate to state agencies on behalf of grantees to reduce the administrative burden of grants with similar goals, services and activities as those in the Improving People’s Access to Community-based Treatment, Supports and Services Program.
(4) The committee shall develop additional financial requirements for a grantee’s use of funds as described in subsection (3) of this section.
(5) The committee may determine funding priorities based on the results of the outcome measures or the evaluation tools established by the quality improvement subcommittee established in ORS 430.236. The subcommittee shall develop technical assistance and training strategies to support the grantees in meeting the grant outcome measurement requirements.
(6) The committee shall establish partnerships with appropriate agencies and other entities to ensure that the information technology infrastructure is sufficient to efficiently collect and analyze program data and to transfer data as needed. To the greatest extent practicable, the committee shall use existing information technology systems and staff expertise. [2019 c.563 §4]
Note:
See note under 430.230.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.236 - Establishment of quality improvement subcommittee; statewide data tracking.

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee shall establish a quality improvement subcommittee to:
(a) Establish outcome measures or evaluation tools for programs receiving grants under the Improving People’s Access to Community-based Treatment, Supports and Services Program; and
(b) Establish a statewide system for tracking simple, clear and meaningful outcome data that is timely and easily accessed to inform best practices and improve outcomes for individual participants.
(2) Data provided to the subcommittee may be used only for statistical purposes and may not be used for any other purpose. Any data received by the subcommittee that contains personally identifiable information is exempt from public disclosure under ORS 192.311 to 192.478. The subcommittee may enter into agreements with appropriate agencies or other entities to share data for specified purposes and with safeguards to restrict further disclosure. [2019 c.563 §5]
Note:
See note under 430.230.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.238 - State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population.

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall administer a program in which Oregon counties, Oregon’s federally recognized Indian tribes or regional consortia of counties or Indian tribes may apply to the committee for state funds for the investments made by the counties, Indian tribes or consortia in comprehensive community supports and services for the target population of the Improving People’s Access to Community-based Treatment, Supports and Services Program, for the purpose of enhancing or sustaining the supports and services.
(2) The committee shall establish priorities for the funds based on specified factors such as the size of the population of a county, the utilization of the Oregon State Hospital by the residents of the county and the availability of permanent, supportive housing units.
(3) The committee may provide enhanced funds to encourage regional program projects.
(4) The local investments matched by state funds may not be used to supplant existing sources of funding that could be used to provide supports and services to the target population, including but not limited to:
(a) Medical assistance funding;
(b) Federal grants;
(c) Local funding;
(d) State grants or other state funding; or
(e) Other third-party sources of funding to reimburse the cost of the supports and services.
(5) The county, tribal or regional investment used to leverage a state match may include:
(a) County government or tribal funds.
(b) Financial commitments by entities other than counties or Oregon’s federally recognized tribes that are specifically designated for providing Improving People’s Access to Community-based Treatment, Supports and Services Program supports and services.
(c) The value of newly dedicated or donated real estate or other tangible property, including but not limited to:
(A) Land;
(B) Buildings;
(C) Remodeling costs that address the needs identified by the Improving People’s Access to Community-based Treatment, Supports and Services Program;
(D) Donated program space;
(E) Vehicles; or
(F) Interest on loans specific to housing, treatment facilities or related construction for the target population. [2019 c.563 §8]
Note:
See note under 430.230.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.241

[2009 c.856 §1; 2009 c.856 §31; 2011 c.673 §1; 2011 c.731 §23; 2012 c.37 §62; 2013 c.623 §18; 2015 c.405 §1; 2018 c.44 §3; 2019 c.54 §1; renumbered 430.221 in 2019]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.242

[2011 c.673 §2; 2012 c.37 §63; 2013 c.623 §19; 2015 c.405 §2; 2018 c.44 §§4,7; 2019 c.54 §§2,3; renumbered 430.223 in 2019]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.243 - Grants to coordinated care organizations authorized.

The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 and the Oregon Health Authority may work together to include coordinated care organizations in the Improving People’s Access to Community-based Treatment, Supports and Services Program, as permitted by state and federal law, in a way that provides incentives for coordinated care organizations to provide comprehensive community supports and services, as defined in ORS 430.230, to their members who have mental health or substance use disorders and be appropriately reimbursed for the costs of the supports and services. [2019 c.563 §9]
Note:
430.243 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.245 - Identification of costs and cost savings from program; annual report to Legislative Assembly on costs, cost savings and outcomes.

(1) At least once per biennium, the Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee shall, in conjunction with the Oregon Health Authority, identify:
(a) The costs to state government that were avoided as a result of the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231; and
(b) Any increased costs to local governments as a result of the program.
(2) No later than January 1 of each odd-numbered year, the committee shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, that includes the costs described in subsection (1) of this section and describes the methodology employed by the committee in determining the costs.
(3) Annually, the committee shall submit a report, in the manner provided in ORS 192.245, on the outcome measures or the results of evaluations of the program to the interim committees of the Legislative Assembly related to health and the judiciary and to the Governor. [2019 c.563 §7]
Note:
430.245 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 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 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.254 - Goal of treatment programs for persons with substance use disorders.

The Oregon Health Authority shall develop treatment programs, meeting minimum standards adopted pursuant to ORS 430.357, to assist drug-dependent persons to become persons who are able to live healthy and productive lives without the use of any natural or synthetic opiates. [Formerly 430.240]
Note:
430.254 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.