2015 Oregon Revised Statutes
Volume : 10 - Highways, Military, Juvenile Code, Human Services
Chapter 427 - Persons With Intellectual or Developmental Disabilities
Section 427.121 - Choice of placement setting.

(1) As used in this section:

(a) "Adult" means an adult with developmental disabilities who is eligible to receive comprehensive services as defined in ORS 427.101.

(b) "Residential setting" means a living arrangement described in ORS 427.101 (3).

(2) An adult has the right to choose the adult’s placement setting. The Department of Human Services or the department’s designee shall present to an adult at least three appropriate placement setting options, including at least two different types of residential settings, before:

(a) Making an initial placement.

(b) Transferring the adult from one placement setting to another placement setting.

(3) The department or the department’s designee may not transfer an adult from a placement setting without first complying with subsection (2) of this section.

(4) The department or the department’s designee is not required to present the options under subsection (2) of this section if:

(a) The department or the department’s designee demonstrates that three appropriate placement settings or two different types of residential settings are not available within the geographic area where the adult wishes to reside;

(b) The adult selects a placement setting option and waives the right to be presented with the placement setting options described in subsection (2) of this section; or

(c) The adult is at imminent risk to health or safety in the adult’s current placement setting.

[2013 c.602 §2]