ORS 427.007 Policy; Department of Human Services to facilitate community-based services

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 services, providers, goals and activities. Individuals with intellectual or developmental disabilities, together with their families and advocates, must play a major role in the planning, designing, funding, operation and monitoring of community services. These services should be ultimately focused on the outcomes of independence, integration and community participation. All services are designed to support the outcome of competitive integrated employment and career advancement.

The employment of individuals with intellectual or developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.

Support for families with children who have intellectual or developmental disabilities must be based upon principles of choice and self-determination, with families receiving the support they need to support their children at home. If a child with an intellectual or developmental disability cannot remain safely at home even with supportive services, the child should live in a family-like setting with the ability to remain closely connected to the child’s family.

Therefore, the Department of Human Services is directed to facilitate, provide or contract for 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.

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 personal support workers and adult foster home providers, community provider organizations, state and local education officials and community developmental disabilities programs. Such plans shall include, where appropriate:

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 eligible for and needing developmental disability services and to serve persons already in the community waiting for services. The proposals shall include services for persons who are leaving the public education system. 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 and integration into the community of persons with intellectual or developmental disabilities.

Proposals for the location of community-based services for persons with intellectual or developmental disabilities in proximity to family, friends, supportive services and home communities whenever possible.

In further carrying out the directive in subsection (1) of this section, the department shall develop monitoring and evaluation systems that ensure competent management, program quality and cost-effectiveness of community-based services. Such systems shall include, where appropriate:

A comprehensive system of service coordination that ensures an orderly movement of persons with intellectual or developmental disabilities between community-based service alternatives, and ensures an effective system of service delivery to persons with intellectual or developmental disabilities living in the community, based on individualized planning and close cooperation with consumers, families and guardians.

Specific standards for each component within the array of services for persons with intellectual or developmental disabilities, either operated or supported by the department, that ensure the competent management, program quality and cost-effectiveness of such services.

Subject to available funds, the department shall ensure that each family with a member with an intellectual or developmental disability has access to family support services, and that each person with an intellectual or 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, integration and community participation. Specific services proposed for the person shall be identified in an individual support plan or in a family support service plan.

Subject to available funds, the department shall determine the content of individual support plans and family support service plans, and the process whereby such plans are developed and updated.