US Laws, Codes, Statutes & Cases

Chapter 427 — Persons With Mental Retardation;

Persons With Developmental Disabilities

 

2007 EDITION

 

MENTAL RETARDATION; DEVELOPMENTAL DISABILITIES

 

MENTAL HEALTH; ALCOHOL AND DRUG ABUSE

 

GENERAL PROVISIONS

 

427.005     Definitions

 

427.007     Policy; Department of Human Services to plan and facilitate community services

 

EASTERN OREGON TRAINING CENTER

 

427.010     Eastern Oregon Training Center; care provided; fees; superintendent

 

427.020     Review of plan of care for residents; certification for continued care and training; notice to resident

 

427.031     Rights of residents

 

427.041     Leave of absence for resident

 

427.051     Effect of admission to training center on competency

 

427.061     Payment for care and treatment in state training center

 

DIAGNOSTIC EVALUATIONS

 

427.104     Developmental Disability Diagnosis and Evaluation Service; duties and powers

 

427.105     Diagnostic evaluations; contents; purpose; rules

 

427.108     Fee schedules for diagnosis and evaluation services

 

427.112     Certain facilities to charge for performing diagnostic evaluations

 

ADMISSION TO STATE TRAINING CENTER

 

427.175     Admission to training center; rules

 

427.180     Requirements for admission

 

427.185     Application for admission; diagnostic evaluation; costs of transportation and maintenance during evaluation

 

427.190     Determination of eligibility and priority for admission; notice of admission; appeal

 

427.195     Schedule of admissions; priority admissions; costs of transportation and maintenance

 

427.205     State Training Center Review Board; appointment; terms; compensation and expenses; duties

 

INVOLUNTARY COMMITMENTS OF PERSONS WITH MENTAL RETARDATION

 

427.215     Definitions for ORS 427.061 and 427.235 to 427.290

 

427.235     Notice to court of need for commitment; investigation; report and recommendation

 

427.245     Hearing to determine mental retardation; citation to appear; notice; right to legal counsel

 

427.255     Detention prior to investigation or hearing; care and maintenance while under custody

 

427.265     Court to advise person of nature of proceeding and rights; appointment of legal counsel

 

427.270     Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination

 

427.275     Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs

 

427.280     Treatment given after citation issued; notice to court

 

427.285     Witnesses required at hearing; cross-examination

 

427.290     Determination by court of mental retardation; discharge; conditional release; commitment; appointment of guardian or conservator

 

427.293     Record of proceedings; sealed records; disclosure

 

427.295     Appeal of determination; appointment of legal counsel; costs

 

427.300     Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing

 

427.306     Confinement of persons with mental retardation; attendants; least restrictive setting

 

COMMUNITY HOUSING

 

427.330     Definitions for ORS 427.330 to 427.345

 

427.335     Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers

 

427.340     Developmental Disabilities Community Housing Fund; Community Housing Trust Account; reports

 

427.345     Sale of state training center; fair market value; use of proceeds

 

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) “Independence” means the extent to which persons with mental retardation or developmental disabilities exert control and choice over their own lives.

      (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 Eastern Oregon Training Center and any other facility operated by the department for the care, treatment and training of persons with mental retardation.

      (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 resident’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 Oregon shall be as specialized back-up facilities to a primary system of community-based services for persons with mental retardation or other developmental disabilities.

      (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 person’s medical, treatment, training and support service needs has been completed, the move determined to be in the person’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 OREGON TRAINING CENTER

 

      427.010 Eastern Oregon Training Center; care provided; fees; superintendent. (1) Except as otherwise ordered by the Department of Human Services pursuant to ORS 179.325, the Eastern Oregon Training Center in Pendleton, Umatilla County, shall be used for the care, treatment and training of persons with mental retardation who are assigned to the care of the institution by the department according to procedures defined in ORS 427.185 or who were residents on October 3, 1979.

      (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 resident’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 facility’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 resident’s parent, guardian or person entitled to custody shall be notified by certified mail of the intent to certify the need for the resident’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 resident’s own behalf or to be represented at the proceeding by the resident’s parent, guardian, the person entitled to custody or other person, including counsel, of the resident’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 resident’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 STATE TRAINING CENTER

 

      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 person’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 person’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 State Training Center Review Board; appointment; terms; compensation and expenses; duties. (1) The Director of Human Services shall appoint a State Training Center Review Board composed of three members. The Oregon Association for Retarded Citizens, the Fairview Parents Association and the Oregon Developmental Disabilities Council or their successor organizations may each recommend three persons to the director. The director may select one person from each list to serve as a member of the board. Each board member shall have had at least five years of involvement and active interest in programs for persons with mental retardation. A board member may not be an employee of the Department of Human Services.

      (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 person’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]