2007 Oregon Code - Chapter 427 :: Chapter 427 - Persons With Mental Retardation - Persons With Developmental Disabilities
Chapter 427 —
Persons With Mental Retardation;
Persons With
Developmental Disabilities
2007 EDITION
MENTAL RETARDATION; DEVELOPMENTAL
DISABILITIES
MENTAL HEALTH; ALCOHOL AND DRUG ABUSE
GENERAL PROVISIONS
427.005Â Â Â Â Definitions
427.007Â Â Â Â Policy;
Department of Human Services to plan and facilitate community services
EASTERN
427.010Â Â Â Â
427.020Â Â Â Â Review
of plan of care for residents; certification for continued care and training;
notice to resident
427.031Â Â Â Â Rights
of residents
427.041Â Â Â Â Leave
of absence for resident
427.051Â Â Â Â Effect
of admission to training center on competency
427.061Â Â Â Â Payment
for care and treatment in state training center
DIAGNOSTIC EVALUATIONS
427.104Â Â Â Â Developmental
Disability Diagnosis and Evaluation Service; duties and powers
427.105Â Â Â Â Diagnostic
evaluations; contents; purpose; rules
427.108Â Â Â Â Fee
schedules for diagnosis and evaluation services
427.112Â Â Â Â Certain
facilities to charge for performing diagnostic evaluations
ADMISSION TO
427.175Â Â Â Â Admission
to training center; rules
427.180Â Â Â Â Requirements
for admission
427.185Â Â Â Â Application
for admission; diagnostic evaluation; costs of transportation and maintenance
during evaluation
427.190Â Â Â Â Determination
of eligibility and priority for admission; notice of admission; appeal
427.195Â Â Â Â Schedule
of admissions; priority admissions; costs of transportation and maintenance
427.205Â Â Â Â State
Training Center Review Board; appointment; terms; compensation and expenses;
duties
INVOLUNTARY COMMITMENTS OF PERSONS WITH
MENTAL RETARDATION
427.215Â Â Â Â Definitions
for ORS 427.061 and 427.235 to 427.290
427.235Â Â Â Â Notice
to court of need for commitment; investigation; report and recommendation
427.245Â Â Â Â Hearing
to determine mental retardation; citation to appear; notice; right to legal
counsel
427.255Â Â Â Â Detention
prior to investigation or hearing; care and maintenance while under custody
427.265Â Â Â Â Court
to advise person of nature of proceeding and rights; appointment of legal
counsel
427.270Â Â Â Â Report
of diagnostic evaluation; recommendations of examining facility; appointment of
persons to conduct additional examination
427.275Â Â Â Â Fees
of persons appointed by court to perform diagnostic evaluations; payment by
counties; witnesses; fees; costs
427.280Â Â Â Â Treatment
given after citation issued; notice to court
427.285Â Â Â Â Witnesses
required at hearing; cross-examination
427.290Â Â Â Â Determination
by court of mental retardation; discharge; conditional release; commitment;
appointment of guardian or conservator
427.293Â Â Â Â Record
of proceedings; sealed records; disclosure
427.295Â Â Â Â Appeal
of determination; appointment of legal counsel; costs
427.300Â Â Â Â Assignment
to appropriate facility; notice of transfer or discharge; appeal; hearing
427.306Â Â Â Â Confinement
of persons with mental retardation; attendants; least restrictive setting
COMMUNITY HOUSING
427.330Â Â Â Â Definitions
for ORS 427.330 to 427.345
427.335Â Â Â Â Authority
of department to develop community housing; sale of community housing;
conditions; financial assistance to providers
427.340Â Â Â Â Developmental
Disabilities Community Housing Fund; Community Housing Trust Account; reports
427.345Â Â Â Â
GENERAL PROVISIONS
     427.005
Definitions. As used in this
chapter:
     (1) “Adaptive behavior” means the
effectiveness or degree with which an individual meets the standards of
personal independence and social responsibility expected for age and cultural
group.
     (2) “Care” means:
     (a) Supportive services, including, but
not limited to, provision of room and board;
     (b) Supervision;
     (c) Protection; and
     (d) Assistance in bathing, dressing,
grooming, eating, management of money, transportation or recreation.
     (3) “Department” means the Department of
Human Services.
     (4) “Developmental period” means the
period of time between birth and the 18th birthday.
     (5) “Director of the facility” means the
superintendent of a state training center, or the person in charge of care,
treatment and training programs at other facilities.
     (6) “Facility” means a state training
center, community hospital, group home, activity center, intermediate care
facility, community mental health clinic, or such other facility or program as
the department approves to provide necessary services to persons with mental
retardation.
     (7) “Incapacitated” means a person is
unable, without assistance, to properly manage or take care of personal affairs
or is incapable, without assistance, of self-care.
     (8) “
     (9) “Integration” means:
     (a) Use by persons with mental retardation
or developmental disabilities of the same community resources that are used by
and available to other persons;
     (b) Participation by persons with mental
retardation or developmental disabilities in the same community activities in
which persons without disabilities participate, together with regular contact
with persons without disabilities; and
     (c) Residence by persons with
developmental disabilities in homes or in home-like settings that are in
proximity to community resources, together with regular contact with persons
without disabilities in their community.
     (10) “Intellectual functioning” means
functioning as assessed by one or more of the individually administered general
intelligence tests developed for the purpose.
     (11) “Mental retardation” means
significantly subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the developmental
period. Persons of borderline intelligence may be considered to have mental
retardation if there is also serious impairment of adaptive behavior.
Definitions and classifications shall be consistent with the “Manual on
Terminology and Classification in Mental Retardation” of the American
Association on Mental Deficiency, 1977 Revision. Mental retardation is
synonymous with mental deficiency.
     (12) “Minor” means an unmarried person
under 18 years of age.
     (13) “Physician” means a person licensed
by the Oregon Medical Board to practice medicine and surgery.
     (14) “Productivity” means engagement in
income-producing work by a person with mental retardation or a developmental
disability which is measured through improvements in income level, employment
status or job advancement or engagement by a person with mental retardation or
a developmental disability in work contributing to a household or community.
     (15) “Resident” means a person admitted to
a state training center either voluntarily or after commitment to the
department.
     (16) “Significantly subaverage” means a
score on a test of intellectual functioning that is two or more standard
deviations below the mean for the test.
     (17) “State training center” means
     (18) “Training” means:
     (a) The systematic, planned maintenance,
development or enhancement of self-care, social or independent living skills;
or
     (b) The planned sequence of systematic
interactions, activities, structured learning situations or education designed
to meet each residentÂ’s specified needs in the areas of physical, emotional,
intellectual and social growth.
     (19) “Treatment” means the provision of
specific physical, mental, social interventions and therapies which halt,
control or reverse processes that cause, aggravate or complicate malfunctions
or dysfunctions. [1959 c.331 §10; 1961 c.706 §27; 1965 c.339 §1; subsection (2)
enacted as 1965 c.595 §5; 1967 c.299 §1; 1979 c.683 §2; 1985 c.463 §1; 1985
c.565 §69; 1991 c.67 §111; 2001 c.900 §126; 2007 c.70 §215]
     427.007
Policy; Department of Human Services to plan and facilitate community services. (1) The Legislative Assembly finds and
declares that a significant number of persons with mental retardation or other
developmental disabilities currently reside in state-operated hospitals and
training centers or lack needed services simply because appropriate
community-based services, including residential facilities, day programs, home
care and other support, care and training programs, do not exist. The
Legislative Assembly further finds that families are the major providers of
support, care, training and other services to their members with mental
retardation or other developmental disabilities who live at home, and many of
these families experience exceptionally high financial outlays and
extraordinary physical and emotional challenges due to the unavailability of
appropriate family support services. Such services pertain to the needs of the
person with a disability, the needs of other family members related to their
care-giving and nurturing capacity, and specialized needs for environmental
accommodation to reduce dependency of the family member with mental retardation
or another developmental disability. Therefore, the Department of Human
Services is directed to facilitate the development of appropriate community-based
services, including family support, residential facilities, day programs, home
care and other necessary support, care and training programs, in an orderly and
systematic manner. The role of state-operated hospitals and training centers in
     (2) In carrying out the directive in
subsection (1) of this section, the department shall develop a biennial plan in
conjunction with the budgeting process for review by each Legislative Assembly.
In developing this plan, the department shall meet with and consider the input
of representatives from the following constituencies: Consumer organizations, parent-family
organizations, advocacy organizations, unions representing workers in
state-operated hospitals and training centers, community provider
organizations, state and local education officials and community mental health
departments or programs. Such plans shall include, where appropriate:
     (a) Proposals for the decrease in the
number of persons with mental retardation or other developmental disabilities
to be served in state-operated hospitals and training centers at a steady and
planned rate until such time that the Legislative Assembly shall determine that
each person served in programs or facilities operated or supported by the
department is being served according to the best contemporary professional
practices in the least restrictive environment, with preference given to the
community-based setting over the institutional. However, no person shall be
moved from any facility until a comprehensive assessment of the personÂ’s
medical, treatment, training and support service needs has been completed, the
move determined to be in the personÂ’s best interest and appropriate service
alternatives procured.
     (b) Proposals for the orderly development
of community-based services, including family support, residential facilities,
day programs, home care and other necessary support, care and training
programs, to accommodate persons coming out of state-operated hospitals and
training centers and to serve persons already in the community waiting for
services. The proposals shall include services developed for persons in the
community waiting for services that are at least equal in number to those
services developed for those coming out of state-operated hospitals and
training centers, and shall include services for all persons who are leaving
the public education system, in order to further prevent unnecessary
institutionalization of persons with mental retardation or other developmental
disabilities. Funding for these services shall be commensurate with individual
need. These proposals may include provisions for an array of both publicly and
privately operated services and shall include specific implementation plans
requiring that new services developed are designed to significantly increase
the independence, productivity and integration into the community of persons with
mental retardation or developmental disabilities.
     (c) Proposals for the location of
community-based services for persons with mental retardation or other
developmental disabilities in proximity to family, friends, supportive services
and home communities whenever possible.
     (3) In further carrying out the directive
in subsection (1) of this section, the department shall develop monitoring and
evaluation systems which ensure competent management, program quality and
cost-effectiveness of community-based services. Such systems shall include,
where appropriate:
     (a) A comprehensive system of case
management which assures an orderly movement of persons with mental retardation
or other developmental disabilities from state-operated hospitals and training
centers to community-based services, and between community-based service
alternatives, and assures an effective system of service delivery to persons
with mental retardation or other developmental disabilities living in the
community, based on individualized planning and close cooperation with
consumers, families and guardians.
     (b) An annual progress assessment of every
person with mental retardation or another developmental disability served in
programs or facilities operated or supported by the department. This assessment
shall measure the degree to which a family with a member with mental
retardation or another developmental disability demonstrates enhanced
care-giving and nurturing capacities, and the degree to which the independence,
productivity and integration into the community of each person with mental
retardation or another developmental disability has been increased as a result
of receiving such services. The overall results of these assessments shall
annually be aggregated and analyzed for each program or facility operated or
supported by the department, and shall be made available for public inspection
and review by the Legislative Assembly.
     (c) The development of specific standards
for each component within the array of services, for persons with mental
retardation or other developmental disabilities, either operated or supported
by the department and assure the competent management, program quality and
cost-effectiveness of such services.
     (4) Subject to available funds, the
department shall ensure that each family with a member with mental retardation
or another developmental disability has access to family support services, and
that each person with mental retardation or a developmental disability living
in the community, including those leaving the public education system, has
access to community-based services necessary to enable the person to strive to
achieve independence, productivity and integration. Specific services proposed
for the person shall be identified in an individual habilitation plan or in a
family support service plan.
     (5) Subject to available funds, the
department shall determine the content of individual habilitation plans and
family support service plans, and the process whereby such plans are developed
and updated.
     (6) The department shall establish
grievance procedures for mediation of disputes concerning eligibility for or
appropriateness of services in individual cases. [1981 c.287 §1; 1985 c.463 §2;
1987 c.353 §1; 1987 c.609 §1; 1989 c.505 §1; 2001 c.900 §127; 2007 c.70 §216]
     Note: 427.007 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.
     427.009 [1987 c.870 §1; repealed by 2001 c.900 §261]
EASTERN
     427.010
     (2) Upon receipt of an application
approved by the department or its designee, pursuant to its rules, a person
with mental retardation may be entitled to admission to the state training
center for emergency, respite or part-time care. Part-time care means presence
of the person at the facility less than 24 hours per day and may include day or
night care. Admission for emergency care or respite care may not exceed 90
days. Admission for part-time care may exceed 90 days. The fee schedule for
such care, training and treatment in the training center shall be established
by the department in the same manner as for other residents. The fees shall be
charged and collected by the department in the same manner as charges are collected
under ORS 179.610 to 179.770.
     (3) The superintendent of the training
center named in subsection (1) of this section shall be a person the department
considers qualified to administer the training center. If the superintendent of
the training center is a physician licensed by the Oregon Medical Board, the
superintendent shall serve as chief medical officer. If not a physician, the
superintendent shall appoint a physician to serve as chief medical officer who
shall be in the unclassified service. [Amended by 1953 c.155 §7; 1965 c.339 §2;
1965 c.595 §3; 1969 c.391 §9; 1971 c.75 §1; 1973 c.262 §1; 1973 c.807 §3; 1979
c.683 §6; 1983 c.505 §2; 1983 c.740 §150; 2001 c.900 §128; 2007 c.70 §217]
     427.012 [Formerly 428.548; repealed by 1979 c.683 §37]
     427.015 [1961 c.661 §2; 1967 c.534 §21; repealed by
1979 c.683 §37]
     427.020
Review of plan of care for residents; certification for continued care and training;
notice to resident. (1)
State training centers shall annually review the plan of care for each resident
and certify the residentÂ’s eligibility and need for continued residential care
and training and shall present each certification with clear and convincing
justification for continued residential care and training to the State Training
Center Review Board for review and action pursuant to this section. If the
board does not approve of the certification or, if the resident objects to
continued residential care and training, the resident shall be released
pursuant to ORS 427.300 or, if the Department of Human Services considers
release not to be in the best interest of the resident, the superintendent of
the state training center where the person is a resident shall initiate
commitment proceedings pursuant to ORS 427.235 to 427.270, 427.280 and 427.285.
The board may require the physical presence of any resident during the review.
However, the board shall require the physical presence of each resident at
least once every three years of residence in a state training center.
     (2) The plan of care for each resident
shall include, but not be limited to, the following:
     (a) Current diagnosis;
     (b) Level of functioning;
     (c) Current habilitation and health
programs in which the resident is participating;
     (d) Statement as to continued eligibility
and continued need for residential care;
     (e) Statement of long-term and short-term
goals for the resident; and
     (f) Verification that the person has been
advised of the facilityÂ’s statement of rights and the policies governing the
immediate living area of the person.
     (3) The state training center shall notify
the resident orally. In addition, the resident, the residentÂ’s parent, guardian
or person entitled to custody shall be notified by certified mail of the intent
to certify the need for the residentÂ’s continued commitment. The notification
shall include the following:
     (a) Time, place and location of the
hearing of the State Training Center Review Board;
     (b) Explanation of the possible
consequences of the proceedings; and
     (c) Explanation of the resident’s right to
appear before the board on the residentÂ’s own behalf or to be represented at
the proceeding by the residentÂ’s parent, guardian, the person entitled to
custody or other person, including counsel, of the residentÂ’s choosing.
     (4) In the event the resident, because of
severe disability, is unable to receive and acknowledge the communication
required by subsection (3) of this section, that fact shall be documented in
the resident’s record and conveyed to the board. [1979 c.683 §28]
     427.025 [1961 c.661 §3; 1965 c.339 §3; 1967 c.534 §22;
repealed by 1979 c.683 §37]
     427.030 [Amended by 1953 c.155 §7; 1957 c.403 §6;
1959 c.331 §7; repealed by 1961 c.661 §20]
     427.031
Rights of residents. (1)
Every resident shall have the right to exercise all civil rights in the same
manner, and with the same effect, as one not admitted to a state training
center, including, but not limited to, the right to dispose of property,
execute instruments, make purchases, enter contractual relationships, and vote,
unless the resident has been adjudicated incompetent and has not been restored
to legal capacity.
     (2) Pursuant to rules of the Department of
Human Services, a statement of rights guaranteed to residents admitted to state
training centers shall be prominently posted in all facilities housing such
residents. Each resident shall be encouraged and assisted to understand and
exercise these rights which shall include, but not be limited to, the right to:
     (a) Communicate freely in person by
sending and receiving sealed mail and by reasonable access to telephones;
     (b) Wear the resident’s own clothing;
     (c) Keep personal possessions, including
toilet articles;
     (d) Religious freedom;
     (e) A private storage area with free
access thereto;
     (f) Be furnished with a reasonable supply
of writing materials and stamps;
     (g) Be represented by counsel whenever the
substantial rights of the resident may be affected;
     (h) Petition for a writ of habeas corpus;
     (i) Not be required to perform labor tasks
of the facility except those essential for treatment and training; and
     (j) Be given reasonable compensation for
all work performed other than personal housekeeping duties.
     (3) Every resident shall have the right to
the least hazardous treatment procedures available in the least restrictive
state training center living area according to personal need and provisions of
law.
     (4) Mechanical restraints shall not be
applied to a resident of a state training center unless it is determined by the
chief medical officer of the facility or the designee of the chief medical
officer to be required for the safety and welfare of the person or the safety
of others. Every use of a mechanical restraint and the reasons therefor shall
be made a part of the clinical record of the person over the signature of the
chief medical officer of the facility or the designee of the chief medical
officer. [1979 c.683 §29]
     427.035 [1961 c.661 §4; 1965 c.339 §4; repealed by
1979 c.683 §37]
     427.040 [Amended by 1953 c.155 §7; repealed by 1961
c.661 §20]
     427.041
Leave of absence for resident.
The superintendent of a state training center may grant a temporary leave of
absence to any resident of the state training center pursuant to the rules of
the Department of Human Services. The state training center, the superintendent
and the chief medical officer thereof, and the Director of Human Services shall
not be liable for a residentÂ’s expenses while on temporary leave of absence nor
shall they be liable for any damages whatsoever that are sustained by a person
on account of the actions or misconduct of a resident while on leave of
absence. [Formerly 427.150; 2007 c.70 §218]
     427.045 [1961 c.661 §§5,6; 1965 c.339 §5; repealed
by 1979 c.683 §37]
     427.050 [Amended by 1953 c.155 §7; 1957 c.388 §12;
1961 c.661 §11; renumbered 427.065]
     427.051
Effect of admission to training center on competency. A person admitted to a state training center
may not be considered by virtue of the admission to be incompetent. [Formerly
427.305; 2007 c.70 §219]
     427.055 [1961 c.661 §§7,8; 1965 c.339 §6; repealed by
1979 c.683 §37]
     427.059 [1961 c.661 §§9,10; 1965 c.339 §7; repealed
by 1979 c.683 §37]
     427.060 [Amended by 1961 c.661 §12; renumbered
427.067]
     427.061
Payment for care and treatment in state training center. (1) If any mentally retarded person is admitted
to and detained in a state training center under ORS 427.255, the Department of
Human Services shall charge to and collect from appropriate persons the costs
in the same manner as it would for other residents of the state training center
under the provisions of ORS 179.610 to 179.770.
     (2) If any person is adjudged mentally
retarded as provided by ORS 427.255, and the person receives care, treatment
and training in a state training center, the person, or other persons or
agencies legally responsible for the support of the person, may be required to
pay the cost of the care of the person at the state training center, as
provided by ORS 179.610 to 179.770. [1979 c.683 §32]
     427.062 [1969 c.632 §§2,3,4; repealed by 1979 c.683 §37]
     427.065 [Formerly 427.050; 1965 c.339 §8; 1975 c.155
§4; 1979 c.683 §12; renumbered 427.195]
     427.067 [Formerly 427.060; repealed by 1979 c.683 §37]
     427.070 [Amended by 1961 c.661 §13; repealed by 1965
c.339 §27]
     427.075 [1969 c.38 §2; repealed by 1979 c.683 §37]
     427.080 [Repealed by 1961 c.661 §20]
     427.085 [1961 c.661 §15; 1967 c.534 §23; 1969 c.591 §299;
repealed by 1979 c.683 §37]
     427.090 [Amended by 1961 c.661 §16; 1965 c.339 §9;
repealed by 1979 c.683 §37]
     427.100 [Amended by 1965 c.339 §10; repealed by 1979
c.683 §37]
DIAGNOSTIC
EVALUATIONS
     427.104
Developmental Disability Diagnosis and Evaluation Service; duties and powers. The Department of Human Services with funds
appropriated for that purpose by the legislature, shall establish and operate a
Developmental Disability Diagnosis and Evaluation Service for people with
mental retardation or developmental disabilities. The Developmental Disability
Diagnosis and Evaluation Service shall provide all or part of diagnostic
evaluations, as defined in ORS 427.105, when complete evaluations are not
available through community mental health and developmental disabilities
programs, and the Developmental Disability Diagnosis and Evaluation Service
shall:
     (1) Provide consultation and training to
community mental health and developmental disabilities programs in the
development of local diagnosis and evaluation services;
     (2) Develop and periodically revise
department standards and procedures for diagnosis and evaluation services;
     (3) Coordinate diagnostic evaluations
statewide to minimize duplication of tests and examinations;
     (4) Approve applications for admission to
the training center;
     (5) Provide necessary information to the
State Training Center Review Board when a decision of the Developmental
Disability Diagnosis and Evaluation Service regarding admission to the state
training center is appealed by the person, the parents or legal guardian of the
person;
     (6) Provide consultation to appropriate
agencies and individuals regarding persons evaluated; and
     (7) Process and coordinate all placements
of residents from the state training center. [1953 c.631 §1; 1965 c.339 §21;
1971 c.74 §1; 1979 c.683 §13; 2001 c.900 §129]
     427.105
Diagnostic evaluations; contents; purpose; rules. (1) Pursuant to rules of the Department of
Human Services, a diagnostic evaluation shall include, but not be 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;
     (c) A medical evaluation including
prenatal, natal, early postnatal and other past and family history, a complete
physical examination including tests of visual function, and any specialized
examinations necessary;
     (d) A speech and hearing screening; and
     (e) A dental screening.
     (2) The diagnostic evaluation shall also
attempt to determine the existence of related conditions such as epilepsy,
cerebral palsy, 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]
     427.106 [1953 c.631 §2; 1965 c.339 §22; 1969 c.53 §1;
repealed by 1979 c.683 §37]
     427.108
Fee schedules for diagnosis and evaluation services. The Department of Human Services shall establish
fee schedules for services under ORS 427.104. All fees collected under this
section shall be deposited in the Mental Health and Developmental Disability
Services Account. [1953 c.631 §3; 1977 c.384 §6; 1979 c.683 §15]
     427.110 [Repealed by 1953 c.155 §7]
     427.112
Certain facilities to charge for performing diagnostic evaluations. A general hospital, community mental health
and developmental disabilities program, or other facility, except a state
training center, providing diagnostic evaluations under ORS 427.105 shall
charge to and collect from the person, third party payers, or other persons or
agencies otherwise legally responsible therefor, the costs of the diagnostic
evaluation or emergency care, custody and treatment, as the facility would for
any other client or resident. [1979 c.683 §30]
     427.120 [Amended by 1953 c.155 §7; 1959 c.331 §8;
1965 c.339 §11; repealed by 1979 c.683 §37]
     427.130 [Amended by 1955 c.651 §10; repealed by 1957
c.160 §6]
     427.140 [Repealed by 1957 c.388 §17]
     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]
ADMISSION TO
     427.175
Admission to training center; rules. Pursuant to reasonable rules of the Department of Human Services and in
conformity with ORS 427.180 to 427.190, the superintendent of a state training
center shall admit as a resident and take custody of any person who meets the
admission requirements set out in ORS 427.180. [Formerly 427.220]
     427.180
Requirements for admission.
(1) A person shall be admitted to a state training center only after:
     (a) The person has either been committed
to the Department of Human Services as a mentally retarded person under ORS
427.290, or an application for admission has been filed either by the person or
by another in the manner set forth in ORS 427.185;
     (b) The person has undergone a diagnostic
evaluation as defined in ORS 427.105 and the completed evaluation has been
provided to the Developmental Disability Diagnosis and Evaluation Service
established under ORS 427.104; and
     (c) Either the Developmental Disability
Diagnosis and Evaluation Service or, upon appeal, the Director of Human
Services finds that the person meets the requirements set out in subsection (2)
of this section and approves the person for admission.
     (2) A person shall be approved for
admission under subsection (1)(c) of this section if the following conditions
exist:
     (a) The person is mentally retarded;
     (b) Programs and services needed by the
person are available in a training center and comparable services are not
available in community mental health and developmental disabilities programs or
other human service agencies;
     (c) Admission to a state training center
is the best available plan and in the best interest of the person, family of
the person and the community; and
     (d) Space is available or may become
available within a reasonable time in an appropriate unit of a state training
center. [1979 c.683 §8]
     427.185
Application for admission; diagnostic evaluation; costs of transportation and
maintenance during evaluation.
(1) A person seeking admission to a state training center shall apply on forms
and in the manner established by the Department of Human Services, to the
community mental health and developmental disabilities program serving the area
in which the applicant currently resides. If the person seeking admission is a
minor or is incapacitated, the application shall be made by the personÂ’s
parents or guardian or by the person entitled to custody.
     (2) Upon receipt of an application, the
community mental health and developmental disabilities program shall provide or
arrange a diagnostic evaluation, meeting the requirements set forth in ORS
427.105, of the person on whose behalf the application for admission is made at
a facility approved by the department. The community mental health and
developmental disabilities program or its designee shall schedule a date for
the diagnostic evaluation and notify the applicant or person having custody. No
person shall be kept in residence in a training center for a diagnostic
evaluation longer than 10 business days.
     (3) The costs of transportation to the
community mental health and developmental disabilities program or designated
facility shall be paid by the applicant. The cost of maintenance for any period
of residence in a training center shall be determined as provided for in ORS
179.610 to 179.770 and paid by the applicant or other persons or agencies
legally responsible. [Formerly 427.225]
     427.190
Determination of eligibility and priority for admission; notice of admission;
appeal. (1) Upon receipt of
a completed diagnostic evaluation, the community mental health and
developmental disabilities program shall forward the completed application and
the completed diagnostic evaluation to the Developmental Disability Diagnosis
and Evaluation Service.
     (2) Upon receipt of a completed
application and diagnostic evaluation from the community mental health and
developmental disabilities program, the Developmental Disability Diagnosis and
Evaluation Service shall promptly determine the eligibility and priority for
admission in accordance with ORS 427.180 and 427.195.
     (3) When space in an appropriate unit of a
training center becomes available for a person otherwise eligible for admission
under ORS 427.180, the Developmental Disability Diagnosis and Evaluation
Service shall notify the applicant or, if the person is committed, the director
of the community mental health and developmental disabilities program in the
county of the personÂ’s residence that the person has been accepted for
admission. The notice shall establish the date when the admission is to be
made. If the person does not appear at the designated training center within 15
days after the date established for admission, the application of the person
may be canceled by the Developmental Disability Diagnosis and Evaluation
Service.
     (4) A person applying for admission to a
state training center or, if the person is a minor or incapacitated, the person
applying for admission on behalf of the minor or incapacitated person may
appeal any decision of the Developmental Disability Diagnosis and Evaluation
Service regarding admission to the Director of Human Services. The appeal shall
be filed within 30 days of receipt of notice of the decision and shall set
forth the reasons for the appeal. The director shall convene the State Training
Center Review Board, established under ORS 427.205, within 30 days of receipt
of the appeal. The board shall advise the director regarding disposition of the
appeal, and the director shall make a decision on the appeal within 30 days of
the meeting of the board. The decision of the director shall be final. [1979
c.683 §10]
     427.195
Schedule of admissions; priority admissions; costs of transportation and
maintenance. (1) Persons are
entitled to admission to state training centers in the order in which completed
applications are received and filed by the Developmental Disability Diagnosis
and Evaluation Service, whether the person has been committed to the Department
of Human Services or is voluntarily requesting admission. However, pursuant to
rules of the department, persons may be admitted on a priority basis if their
behavior or condition is a threat to their welfare or safety or to the safety
of others.
     (2) A person committed to the department
and approved for admission by the Developmental Disability Diagnosis and
Evaluation Service shall be conveyed to the designated training center by a
member of the family of the person or other persons legally responsible for the
person. The expense of the transportation of the person to the designated
training center shall be paid by the county in which the petition of commitment
is filed.
     (3) The costs of transportation for a
voluntary applicant to the designated training center shall be paid by the
applicant or, if the applicant is a minor or incapacitated person, by the
parents or person entitled to custody of the applicant.
     (4) The cost of maintenance for the period
of residence shall be determined as provided for in ORS 179.610 to 179.770 and
paid by the appropriate persons or agencies, whether the resident was committed
to the department or voluntarily applied for admission to the training center. [Formerly
427.065]
     427.200 [1953 c.615 §1; repealed by 1957 c.202 §6]
     427.205
     (2) The term of office of each member is
two years. The director may remove any member for misconduct or neglect of
duty. Replacement of board members shall be accomplished by the same procedure
as that used in subsection (1) of this section for selection. The director
shall request a new list of three persons from the organization whose nominee
for board member is to be replaced.
     (3) A member of the board not otherwise
employed full-time by the state shall be paid on a per diem basis an amount
equal to four percent of the gross monthly salary of a member of the State
Board of Parole and Post-Prison Supervision for each day during which the
member is engaged in the performance of official duties, including necessary
travel time. In addition, subject to ORS 292.220 to 292.250 regulating travel
and other expenses of state officers and employees, the member shall be
reimbursed for actual and necessary travel and other expenses incurred by the
member in the performance of official duties.
     (4) The board shall perform the following
duties:
     (a) Review decisions of the Developmental
Disability Diagnosis and Evaluation Service regarding admissions to training
centers that have been appealed by the applicant or, if a minor or
incapacitated person, by the person applying on the behalf of the minor or
incapacitated person and advise the director regarding the appropriateness for
the admission.
     (b) Review decisions of the department
pursuant to ORS 427.300 (2) when the resident, parent of the resident, guardian
or person entitled to custody has appealed the decision and advised the
director regarding the appropriateness of the decision.
     (c) Annually review state training center
plans for continuing residential care and training of residents pursuant to ORS
427.020.
     (5) The board shall operate pursuant to
rules adopted by the department. [1979 c.683 §11; 1989 c.1006 §3; 2007 c.70 §220]
     427.210 [1959 c.331 §1; 1965 c.339 §13; 1973 c.827 §44;
repealed by 1979 c.683 §37]
INVOLUNTARY
COMMITMENTS OF PERSONS WITH MENTAL RETARDATION
     427.215
Definitions for ORS 427.061 and 427.235 to 427.290. As used in ORS 427.061 and 427.235 to
427.290, unless the context requires otherwise, “mentally retarded person”
applies only to a person who, because of mental retardation, is or is alleged
to be either:
     (1) Dangerous to self or others; or
     (2) Unable to provide for 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]
     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]
     427.225 [1961 c.661 §19; 1965 c.339 §15; 1973 c.277 §2;
1979 c.683 §9; renumbered 427.185]
     427.230 [1959 c.331 §6; 1965 c.339 §16; 1973 c.277 §3;
repealed by 1979 c.683 §37]
     427.235
Notice to court of need for commitment; investigation; report and
recommendation. (1) Any two
persons may notify the judge of the court having probate jurisdiction for the
county or the circuit court, if it is not the probate court but its
jurisdiction has been extended to include commitment of the mentally retarded
under ORS 3.275, that a person within the county is a mentally retarded person
in need of commitment for residential care, treatment and training. Such notice
shall be in writing and sworn to before an officer qualified to administer an
oath and shall set forth the facts sufficient to show the need for
investigation. The circuit court shall forward notice to the community mental
health and developmental disabilities program director in the county if it finds
the notice sufficient to show the need for investigation. The director or the
designee of the director shall immediately investigate to determine whether the
person is in fact a mentally retarded person. However, if the petition for
commitment is from a state training center, the duties of the community mental
health and developmental disabilities program director under ORS 427.235 to
427.270, 427.280 and 427.285 shall be the responsibility of the superintendent
of the state training center or the designee of the superintendent.
     (2) Any person who acts in good faith
shall not be held civilly liable for making of the notification under
subsection (1) of this section.
     (3) Any investigation conducted by the
community mental health and developmental disabilities program director or the
designee of the director under subsection (1) of this section shall commence
with an interview or examination of the allegedly mentally retarded person,
where possible, in the home of the allegedly mentally retarded person or other
place familiar to the allegedly mentally retarded person. Further investigation
if warranted shall include a diagnostic evaluation as defined in ORS 427.105
and may also include interviews with the allegedly mentally retarded personÂ’s
relatives, neighbors, teachers and physician. The investigation shall also
determine if any alternatives to commitment are available. The investigator
shall also determine and recommend to the court whether the person is
incapacitated and in need of a guardian or conservator.
     (4) The investigation report shall be
submitted to the court within 30 days of receipt of notice from the court. A
copy of the investigation report and diagnostic evaluation, if any, shall also
be made available to the Developmental Disability Diagnosis and Evaluation
Service and to the allegedly mentally retarded person and, where the allegedly
mentally retarded person is a minor or incapacitated, to the parents of the
allegedly mentally retarded person or guardian as soon as possible after its
completion but in any case prior to a hearing held under ORS 427.245.
     (5) Any person conducting an evaluation or
investigation under this section shall in no way be held civilly liable for
conducting the investigation or performing the diagnostic evaluation.
     (6) If requested by a person conducting an
investigation under this section, a physician who has examined the allegedly
mentally retarded person may, with patient authorization or in response to a
court order, provide any relevant information the physician has regarding the
allegedly mentally retarded person. [1979 c.683 §17; 2003 c.89 §4]
     427.240 [1959 c.331 §3; 1965 c.339 §17; 1969 c.391 §10;
1973 c.277 §4; repealed by 1979 c.683 §37]
     427.245
Hearing to determine mental retardation; 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 is in fact a mentally retarded person, 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 is mentally retarded. 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 is in
fact a mentally retarded person, the judge shall cause a citation to issue to
the person or, if the person is a minor or incapacitated, to the parent or
legal guardian of the person. The citation shall state the specific reasons the
person is believed to be mentally retarded. 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 mental health and developmental disabilities program director
or the designee of the director delivering a duly certified copy of the
original to the person prior to the hearing. The person, the parents of the person
or the legal guardian of the person shall have the opportunity to consult with
legal counsel prior to being brought before the court. The community mental
health and 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]
     427.250 [1959 c.331 §4; 1965 c.339 §18; 1969 c.391 §11;
repealed by 1979 c.683 §37]
     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 failure to take an allegedly
mentally retarded person into custody pending an investigation or hearing would
pose an imminent and serious danger to the person or to others, the judge may
issue a warrant of detention to either the community mental health and
developmental disabilities program director or the sheriff of the county
directing that the person or the designee of the person take the allegedly
mentally retarded person into custody and produce the mentally retarded person
at the time and place stated in the warrant. At the time the person is taken
into custody, the person taking the person into custody shall advise the
allegedly mentally retarded person or, if the allegedly mentally retarded
person is incapacitated or a minor, the parents or guardian of the allegedly
mentally retarded person of the personÂ’s right to counsel, to have legal
counsel appointed if the allegedly mentally retarded 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. The allegedly mentally retarded person shall have the
right to the least hazardous treatment procedures while in custody, and the
treating 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 personÂ’s clinical record over the
signature of the treating physician. [1979 c.683 §19]
     427.260 [1959 c.331 §5; 1965 c.339 §19; 1973 c.277 §5;
repealed by 1979 c.683 §37]
     427.265
Court to advise person of nature of proceeding and rights; appointment of legal
counsel. (1) At the time the
allegedly mentally retarded person 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 allegedly mentally retarded 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 allegedly mentally retarded person does not
request legal counsel, the legal guardian, relative or friend may request the
assistance of legal counsel on behalf of the person.
     (2) If no request for legal counsel is
made, the court shall appoint suitable legal counsel.
     (3) If the person is unable to afford
legal counsel, the court, if the matter is before a county or justice court, or
the public defense services executive director, if the matter is before the
circuit court, shall determine and allow, as provided in ORS 135.055, the
reasonable expenses of the person and compensation for legal counsel. The
expenses and compensation so allowed by a county court shall be paid by the
county of residence of the allegedly mentally retarded person. The expenses and
compensation determined by the public defense services executive director shall
be paid by the public defense services executive director from funds available
for the purpose. In all cases legal counsel shall be present at the hearing and
may examine all witnesses offering testimony, and otherwise represent the person.
     (4) If the allegedly mentally retarded
person, the legal counsel, parent, guardian, an examiner or the court requests,
the court may, for good cause, postpone the hearing for not more than 72 hours
in order to allow preparation for the hearing. The court may, for good cause,
order the continuation of detention authorized under ORS 427.255, during a
postponement. [1979 c.683 §20; 1979 c.867 §13; 1981 s.s. c.3 §135; 2001 c.962 §71]
     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 is a mentally retarded person, the report shall include a
recommendation as to the type of treatment or training facility best calculated
to habilitate the person. The report shall also advise the court whether in the
opinion of the examining facility the mentally retarded person and, if the
mentally retarded person is a minor or incapacitated, the parents or legal guardian
of the mentally retarded 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) If the allegedly mentally retarded
person or the parent, legal guardian or legal counsel of the allegedly mentally
retarded person requests, the judge shall appoint an additional 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 and one additional psychologist to examine the person. [1979
c.683 §21]
     427.275
Fees of persons appointed by court to perform diagnostic evaluations; payment
by counties; witnesses; fees; costs. (1) Any physician or psychologist employed by the judge to make a
diagnostic evaluation of a person alleged to be mentally retarded 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
mental health and 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 an allegedly
mentally retarded 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]
     427.280
Treatment given after citation issued; notice to court. The court shall be fully advised by the
community mental health and developmental disabilities program director or,
when the person has been detained under ORS 427.255, by the director of the
facility retaining custody of all treatment known to have been administered to
the allegedly mentally retarded person after a citation has been issued to the
person. [1979 c.683 §22]
     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 allegedly mentally retarded person shall have the right to
cross-examine all witnesses, the investigator and the representative. [1979
c.683 §23]
     427.290
Determination by court of mental retardation; 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 is mentally retarded and because of mental
retardation is either dangerous to self or others or is unable to provide for
the personal needs of the person and is not receiving care as is necessary for
the health, safety or habilitation of the person. If in the opinion of the
court the person is not mentally retarded, the person shall be discharged
forthwith. If in the opinion of the court the person is, by clear and
convincing evidence, mentally retarded, the court may order as follows:
     (1) If the mentally retarded 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 mentally retarded person requests that the relative, friend or
legal guardian be allowed to care for the mentally retarded person for a period
of one year in a place satisfactory to the judge and shows that the relative, friend
or legal guardian is able to care for the mentally retarded person and that
there are adequate financial resources available for the care of the mentally
retarded person, the court may commit the mentally retarded person and order
that the mentally retarded 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 mentally retarded 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 mentally retarded person.
     (3) If in the opinion of the court
voluntary treatment and training or conditional release is not in the best
interest of the mentally retarded 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 427.020.
     (4) If in the opinion of the court the
mentally retarded 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]
     427.293
Record of proceedings; sealed records; disclosure. (1) The court shall cause to be recorded in
the court records:
     (a) A full account of all proceedings
conducted under ORS 427.235 to 427.290;
     (b) Reports submitted to the court under
ORS 427.270;
     (c) The judgments and orders of the court;
and
     (d) A copy of the judgments and orders
issued.
     (2) The account of the proceedings,
including any transcript of testimony, and reports submitted to the court under
ORS 427.270 shall be delivered to the court clerk or court administrator who
shall cause them to be sealed. The account of the proceedings, the reports and
any transcript of testimony may not be disclosed to any person except upon:
     (a) Request of the person subject to the
proceedings or the legal representative or attorney of the person; or
     (b) Order of the court. [1999 c.82 §2]
     427.295
Appeal of determination; appointment of legal counsel; costs. If a person determined by a court to be
mentally retarded appeals the determination or disposition based thereon, and
is determined to be financially eligible for appointed counsel at state
expense, the court, upon request of the person or upon its own motion, 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 public defense services executive director 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]
     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 court-committed mentally
retarded person to the facility best able to treat and train the person. The
authority of the department on such matters shall be final.
     (2) At any time, for good cause and in the
best interest of the mentally retarded person, the department may decide to
transfer a resident from one facility to another or discharge a resident as no
longer in need of residential care, treatment or training in a state training
center. Fifteen days prior to department action, the department shall notify
the resident and the parent, guardian or person entitled to custody of the
resident by certified mail of its decision. The notice shall indicate the right
of the aforementioned parties to appeal this decision to the State Training
Center Review Board in writing within 10 days after receipt of notice. Within
30 days from the date the appeal is received by the department, the State Training
Center Review Board shall hold a hearing at which the department and the person
having filed the appeal shall present their case and shall communicate its
recommendation to the Director of Human Services pursuant to ORS 427.205
(4)(b); and the director shall communicate the decision of the director by
certified mail to the appealing party.
     (3) The department, pursuant to its rules,
may delegate to a community mental health and developmental disabilities
program director the responsibility for assignment of mentally retarded persons
to suitable facilities or transfer between such facilities under conditions
which the department may define. Any voluntary client or resident shall be
released from the treating or training facility within 15 business days of the
request of the client or resident for release, unless commitment procedures are
initiated under ORS 427.235. [1979 c.683 §25]
     427.305 [1973 c.585 §2; 1979 c.683 §33; renumbered
427.051]
     427.306
Confinement of persons with mental retardation; attendants; least restrictive
setting. (1) No person, not
incarcerated upon a criminal charge, who has been alleged or adjudged a
mentally retarded person shall 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) No person alleged or adjudged a
mentally retarded person, not incarcerated on a criminal charge, shall be
confined without an attendant in charge of the person. If not confined in a
community hospital, the community mental health and developmental disabilities
program director or sheriff having the person in custody shall select some
suitable person 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 personÂ’s emotional and physical
needs and the protection of others. [1979 c.683 §26]
     427.310 [1973 c.585 §3; repealed by 1979 c.683 §37]
     427.315 [1973 c.585 §6; repealed by 1979 c.683 §37]
     427.320 [1973 c.585 §4; repealed by 1979 c.683 §37]
     427.325 [1973 c.585 §5; repealed by 1979 c.683 §37]
COMMUNITY
HOUSING
     427.330
Definitions for ORS 427.330 to 427.345. As used in ORS 427.330 to 427.345:
     (1) “Care provider” means an individual,
family member or entity that provides care.
     (2)(a) “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 mental retardation or other developmental disabilities; and
     (B) A single-family home or multiple-unit
residential housing that an individual with mental retardation or other
developmental disability shares with other inhabitants, including but not
limited to family members, care providers or friends.
     (b) “Community housing” does not include
the
     (3) “Construct” means to build, install,
assemble, expand, alter, convert, replace or relocate. “Construct” includes to
install equipment and to prepare a site.
     (4) “Developmental disability” means a
disability attributable to mental retardation, cerebral palsy, epilepsy or
other neurological handicapping condition or severe physical impairment that
requires training similar to that required by persons with mental retardation,
and the disability:
     (a) Originates before the person attains
the age of 22 years;
     (b) Has continued or can be expected to
continue indefinitely; and
     (c) Constitutes a substantial handicap to
the ability of the person to function in society.
     (5) “Equipment” means furnishings,
fixtures, appliances, special adaptive equipment or supplies that are used or
could be used to provide care in community housing.
     (6) “Family member” means an individual
who is related by blood or marriage to an individual with mental retardation or
other developmental disability.
     (7) “Financial assistance” means a grant
or loan to pay expenses incurred to provide community housing.
     (8) “Housing provider” means an individual
or entity that provides community housing. [1999 c.753 §2; 2001 c.900 §130;
2007 c.70 §221]
     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
mental retardation 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 mental retardation 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 mental retardation 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 individualÂ’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 mental retardation 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]
     427.340
Developmental Disabilities Community Housing Fund; Community Housing Trust
Account; reports. (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 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) There is established within the fund a
Community Housing Trust Account. Notwithstanding the provisions of ORS 270.150,
the Department of Human Services shall negotiate with the Oregon Department of
Administrative Services to apply the proceeds from the sale, transfer or lease
of any surplus real property owned, operated or controlled by the Department of
Human Services and used as a state training center to the account. The Department
of Human Services may expend, for the purposes of ORS 427.330 to 427.345, any
earnings credited to the account, including any income from the lease of
surplus property and any interest earned on moneys deposited in the account,
and up to five percent of any sale or transfer proceeds initially credited to
the account by the Oregon Department of Administrative Services. At least 95
percent of all sale or transfer proceeds shall remain in the account in
perpetuity.
     (3) 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) Proceeds from the account under
subsection (2) of this section;
     (d) Moneys reallocated from other areas of
the Department of Human ServicesÂ’ budget; and
     (e) Interest credited to the fund.
     (4) The Department of Human Services shall
provide a report of revenues to and expenditures from the fund as part of its
budget submission to the Governor and Legislative Assembly under ORS chapter
291. [1999 c.753 §4; 2001 c.954 §32]
     427.345
     (2) The proceeds from the sale of any real
property owned by the department and used as a state training center shall be
applied under the provisions of ORS 427.340 (2). [1999 c.753 §5]
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