Oregon Revised Statutes
As used in this chapter: “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. “Care” means: Supportive services, including, but not limited to, provision of room and board; Supervision; Protection; and Assistance in bath…
Individuals with intellectual or developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding serv…
The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by: Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 443.410. Adult foster homes, as defined in ORS 443.705, that provide residential care to…
The Department of Human Services shall adopt rules to ensure fiscal transparency in the provision of community-based services to individuals with intellectual or developmental disabilities and to ensure individuals with intellectual or developmental disabilities receive high quality services from providers that are licensed, certified or endorsed by the depa…
As used in this section: “Agency” means an entity that is certified and endorsed by the Department of Human Services to provide services to individuals with intellectual or developmental disabilities. “Ownership interest” means: A direct or indirect ownership interest, or a combination of direct and indirect ownership interests, equal to five percent or m…
DEVELOPMENTAL DISABILITY SERVICES PROGRAM (Eligibility for Services)
As used in this section and ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664: “Community living setting” means: A residential setting; An individual’s home or the home of the individual’s family; or Other nonresidential setting. “Developmental disability services” means the following services as provided for individuals with intellectual or d…
The Department of Human Services, with funds appropriated for that purpose by the legislature, shall: Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services; Provide consultation and training to community developmental disabilities programs in determining elig…
Pursuant to rules of the Department of Human Services, a diagnostic evaluation conducted to determine eligibility for developmental disability services may include, but is not limited to, the following: A social history; A psychological evaluation, including an appropriate individual test of intellectual capacity, an academic achievement test, a social dev…
(Rights of Persons Receiving Services)
As used in this section: “Facility” means any of the following that are licensed or certified by the Department of Human Services or that contract with the department for the provision of services: A health care facility as defined in ORS 442.015; A domiciliary care facility as defined in ORS 443.205; A residential facility as defined in ORS 443.400; or …
The Oregon Human Rights Commission established under ORS 427.401 shall receive complaints of violations of the rights afforded to an individual under ORS 427.107. With the consent of the individual, the individual’s guardian or any representative designated by the individual, the commission may request and receive information from the Department of Human Ser…
(Comprehensive Services for Adults With Developmental Disabilities)
The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficient to meet the support needs of the individual. If an assessment of support needs re…
As used in this section, “adult” means an individual: Who is at least 18 years of age; Who has an intellectual or developmental disability; and Who is eligible for, and who chooses to receive, developmental disability services. An adult has the right to choose the adult’s community living setting. The Department of Human Services or the department’s desi…
(Support Services for Adults With Developmental Disabilities)
Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability services. Developmental disability services shall be provided pursuant to an individuali…
The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any services. (Enhanced Supports to Employers of Personal Support Workers)
As used in this section: “Enhanced supports to employers of personal support workers” means support given to an individual in self-directing the individual’s services or in managing personal support workers who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of th…
(Agency With Choice Services)
As used in this section and ORS 410.855: “Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regardin…
(Paid Parent Providers)
As used in this section: “Agency” means an agency that hires, trains and supervises direct support professionals using state funds received from the Department of Human Services. “Attendant care services” means services provided directly to an individual with a disability to assist with activities of daily living, instrumental activities of daily living an…
Except as provided in section 4, chapter 367, Oregon Laws 2023, the Department of Human Services may not administer the program described in ORS 427.191 without the Centers for Medicare and Medicaid Services’ approval of a new waiver or without other arrangements with the Centers for Medicare and Medicaid Services to receive federal financial participation i…
INVOLUNTARY COMMITMENTS OF PERSONS WITH INTELLECTUAL DISABILITIES
For the purposes of ORS 427.235 to 427.292, a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is: Determined eligible for developmental disability services under ORS 427.104; and Dangerous to self or others; or Unable to provide for the person’s basic personal needs and not receivi…
Any two persons may notify 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 a person with an intellectual disability under ORS 3.275, that a person within the county has an intellectual disability and is in need of commitment for residenti…
If the court, following receipt of an investigation report under ORS 427.235, concludes that there is probable cause to believe that the subject of the investigation has an intellectual disability and is in need of commitment for residential care, treatment and training, it shall, through the issuance of a citation as provided in subsection (2) of this secti…
If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant o…
At the time that a person who is alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training is brought before the court, the court shall advise the person of the reason for being brought before the court, the nature of the proceedings and the possible results of the proceedings. The court shall als…
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…
Any physician, naturopathic physician or psychologist employed by the court to make a diagnostic evaluation of a person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, shall be allowed a fee as the court in its discretion determines reasonable for the evaluation. The costs of the evalua…
The community developmental disabilities program director or, if a person has been detained under ORS 427.255, the director of the facility retaining custody of a person alleged to be in need of commitment for residential care, treatment and training shall fully advise the court of all treatment known to have been administered to the person after a citation …
The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training shall have the right to cross-examine all witnesses, the investigator and the representative.
After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. If in the opinion of the court the person is not in need of commitment for residential care, treatment an…
ORS 427.235 to 427.292 do not permit a court to order an involuntary commitment of a minor child to the Department of Human Services without the consent of the minor child’s parent or legal guardian.
In any proceeding conducted under ORS 427.235 to 427.292, the court may not disclose any part of the record, including any report submitted to the court under ORS 427.270, to any person except: The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290, to the Departme…
If a person appeals a commitment order issued under ORS 427.290, the court, upon request of the person or upon its own motion and upon finding that the person is financially eligible for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the …
The Department of Human Services may, at its discretion, direct any person with an intellectual disability who has been committed under ORS 427.290 to the facility best able to treat and train the person. The authority of the department on such matters shall be final. At any time, for good cause and in the best interest of the person, the department may dec…
A person, not incarcerated upon a criminal charge, who has been alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated. A person all…
COMMUNITY HOUSING
As used in ORS 427.330 to 427.340: “Care provider” means an individual, family member or entity that provides care. “Community housing” includes: Real property, including but not limited to buildings, structures, improvements to real property and related equipment, that is used or could be used to house and provide care for individuals with intellectual o…
The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with intellectual or developmental disabilities. The department may dispose of community housing …
There is established a Developmental Disabilities Community Housing Fund in the State Treasury, separate and distinct from the General Fund. All moneys in the Developmental Disabilities Community Housing Fund are continuously appropriated to the Department of Human Services to pay expenses incurred by the Department of Human Services in carrying out the prov…
Notwithstanding the continuous appropriation of moneys in the Developmental Disabilities Community Housing Fund established under ORS 427.340, the balance of moneys remaining in the Community Housing Trust Account established in ORS 427.340 on January 1, 2020, that are unexpended, unobligated and not subject to any conditions shall be transferred to the Oreg…
The Oregon Council on Developmental Disabilities shall appoint an advisory committee to advise and consult with the Oregon Community Foundation in making expenditures under ORS 427.347. The committee must include one individual each to represent: Support services brokerages; Community developmental disability programs; Oregon coalitions consisting of indi…
OREGON HUMAN RIGHTS COMMISSION
The Oregon Human Rights Commission is established within the Department of Human Services. The commission consists of nine members appointed by the Governor for not more than two consecutive three-year terms. The purpose of the commission is to safeguard the dignity and basic human rights of individuals who have an intellectual or developmental disability. …
The Oregon Human Rights Commission shall establish by rule a statewide regional advisory committee system. At a minimum, the system shall establish a process by which the regional advisory committees may conduct informational hearings regarding the violation of the rights of individuals who have intellectual or developmental disabilities and relay the inform…
EMPLOYMENT
The Department of Human Services, in collaboration with the Department of Education, shall appoint a statewide employment first advisory committee to advise the Department of Human Services on strategies for increasing opportunities for individuals with intellectual or developmental disabilities to obtain and advance in competitive integrated employment. Th…
The Department of Human Services shall ensure that employment services, as defined in ORS 427.101, provided to individuals with intellectual or developmental disabilities are designed to help the individuals obtain competitive integrated employment, as defined in ORS 427.005. The department may not fund employment services that occur in a sheltered work set…
The Department of Human Services, in collaboration with other state agencies as needed, shall establish a State as Model Employer program. The program must employ a sustainable, comprehensive strategy to: Develop accessible and inclusive hiring practices of individuals with intellectual or developmental disabilities; and Encourage, educate and assist state…
CIVIL PENALTIES
The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS 183.745, for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS 409.010 (2) by any provider contracting with the department to provide intellectual or developmental disabil…