Oregon Law
Law as of Jan 1, 2024
Chapter contents
427.005Definitions 427.007Policy; Department of Human Services to facilitate community-based services 427.009[1987 c.870 §1; repealed by 2001 c.900 §261] 427.010[Amended by 1953 c.155 §7; 1965 c.339 §2; 1965 c.595 §3; 1969 c.391 §9; 1971 c.75 §1; 1973 c.262 §1; 1973 c.807 §3; 1979 c.683 §6; 1983 c.505 §2; 1983 c.740 §150; 2001 c.900 §128; 2007 c.70 §217; 2009 c.59 §2; 2011 c.658 §6; repealed by 2013 c.36 §73] 427.012[Formerly 428.548; repealed by 1979 c.683 §37] 427.015[1961 c.661 §2; 1967 c.534 §21; repealed by 1979 c.683 §37] 427.020[1979 c.683 §28; 2011 c.658 §7; repealed by 2013 c.36 §73] 427.021Application fees for providers of residential care to individuals with intellectual or developmental disabilities; rules 427.024Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities; rules 427.025[1961 c.661 §3; 1965 c.339 §3; 1967 c.534 §22; repealed by 1979 c.683 §37] 427.030[Amended by 1953 c.155 §7; 1957 c.403 §6; 1959 c.331 §7; repealed by 1961 c.661 §20] 427.031[1979 c.683 §29; repealed by 2013 c.36 §73] 427.035[1961 c.661 §4; 1965 c.339 §4; repealed by 1979 c.683 §37] 427.040[Amended by 1953 c.155 §7; repealed by 1961 c.661 §20] 427.041[Formerly 427.150; 2007 c.70 §218; repealed by 2013 c.36 §73] 427.045[1961 c.661 §§5,6; 1965 c.339 §5; repealed by 1979 c.683 §37] 427.050[Amended by 1953 c.155 §7; 1957 c.388 §12; 1961 c.661 §11; renumbered 427.065] 427.051[Formerly 427.305; 2007 c.70 §219; repealed by 2013 c.36 §73] 427.055[1961 c.661 §§7,8; 1965 c.339 §6; repealed by 1979 c.683 §37] 427.059[1961 c.661 §§9,10; 1965 c.339 §7; repealed by 1979 c.683 §37] 427.060[Amended by 1961 c.661 §12; renumbered 427.067] 427.061[1979 c.683 §32; 2011 c.658 §8; repealed by 2013 c.36 §73] 427.062[1969 c.632 §§2,3,4; repealed by 1979 c.683 §37] 427.065[Formerly 427.050; 1965 c.339 §8; 1975 c.155 §4; 1979 c.683 §12; renumbered 427.195] 427.067[Formerly 427.060; repealed by 1979 c.683 §37] 427.070[Amended by 1961 c.661 §13; repealed by 1965 c.339 §27] 427.075[1969 c.38 §2; repealed by 1979 c.683 §37] 427.080[Repealed by 1961 c.661 §20] 427.085[1961 c.661 §15; 1967 c.534 §23; 1969 c.591 §299; repealed by 1979 c.683 §37] 427.090[Amended by 1961 c.661 §16; 1965 c.339 §9; repealed by 1979 c.683 §37] 427.100[Amended by 1965 c.339 §10; repealed by 1979 c.683 §37] 427.101Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664 427.104Developmental disability services; rules 427.105Diagnostic evaluations; contents; purpose; rules 427.106[1953 c.631 §2; 1965 c.339 §22; 1969 c.53 §1; repealed by 1979 c.683 §37] 427.107Rights of persons receiving developmental disability services; rules 427.108[1953 c.631 §3; 1977 c.384 §6; 1979 c.683 §15; 2009 c.595 §437a; repealed by 2013 c.36 §73] 427.109Complaint procedures 427.110[Repealed by 1953 c.155 §7] 427.112[1979 c.683 §30; 2009 c.595 §438; repealed by 2013 c.36 §73] 427.115Assessment of service needs and determination of service rate; rules 427.120[Amended by 1953 c.155 §7; 1959 c.331 §8; 1965 c.339 §11; repealed by 1979 c.683 §37] 427.121Choice of community living setting 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] 427.154Individualized service plan; requirements; rules 427.160[Formerly 427.410; repealed by 2019 c.276 §8] 427.163Application of savings generated by support service brokerages 427.175[Formerly 427.220; repealed by 2013 c.36 §73] 427.180[1979 c.683 §8; 2009 c.595 §439; 2011 c.658 §10; repealed by 2013 c.36 §73] 427.181Department of Human Services to contract with organizations providing agency with choice services; contract requirements 427.185[Formerly 427.225; 2009 c.595 §440; repealed by 2013 c.36 §73] 427.190[1979 c.683 §10; 2009 c.595 §441; repealed by 2013 c.36 §73] 427.191Program to compensate parents to provide attendant care services to their minor children; report to Legislative Assembly; rules 427.195[Formerly 427.065; repealed by 2013 c.36 §73] 427.200[1953 c.615 §1; repealed by 1957 c.202 §6] 427.205[1979 c.683 §11; 1989 c.1006 §3; 2007 c.70 §220; 2009 c.11 §61; 2011 c.658 §11; repealed by 2013 c.36 §73] 427.210[1959 c.331 §1; 1965 c.339 §13; 1973 c.827 §44; repealed by 1979 c.683 §37] 427.215Need for commitment 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] 427.235Notice to court of need for commitment; investigation; report and recommendation 427.240[1959 c.331 §3; 1965 c.339 §17; 1969 c.391 §10; 1973 c.277 §4; repealed by 1979 c.683 §37] 427.245Hearing; citation to appear; notice; right to legal counsel 427.250[1959 c.331 §4; 1965 c.339 §18; 1969 c.391 §11; repealed by 1979 c.683 §37] 427.255Detention prior to investigation or hearing; care and maintenance while under custody 427.260[1959 c.331 §5; 1965 c.339 §19; 1973 c.277 §5; repealed by 1979 c.683 §37] 427.265Court to advise person of nature of proceeding and rights; appointment of legal counsel 427.270Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination 427.275Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs 427.280Treatment given after citation issued; notice to court 427.285Witnesses required at hearing; cross-examination 427.290Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator 427.292Parental consent required for involuntary commitment of minor child 427.293Disclosure of record of proceeding 427.295Appeal of commitment order; appointment of legal counsel; costs 427.300Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing 427.305[1973 c.585 §2; 1979 c.683 §33; renumbered 427.051] 427.306Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required 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] 427.330Definitions for ORS 427.330 to 427.340 427.335Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers 427.340Developmental Disabilities Community Housing Fund 427.345[1999 c.753 §5; 2013 c.36 §14; repealed by 2019 c.551 §4] 427.347Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation 427.348Appointment of advisory committee 427.400[2011 c.658 §1; 2013 c.36 §15; 2013 c.604 §3; renumbered 427.101 in 2013] 427.401Oregon Human Rights Commission established; membership; rules 427.402[2011 c.658 §2; 2013 c.602 §3; renumbered 427.154 in 2013] 427.403Commission to establish statewide regional advisory committee 427.410[2011 c.658 §3; renumbered 427.160 in 2013] 427.450[Formerly 430.218; renumbered 427.163 in 2013] 427.900Authority of Department of Human Services to impose civil penalties; rules

Chapter 427 — Persons With Intellectual or Developmental Disabilities

ORS 427.215 Need for commitment

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:

(1)

Determined eligible for developmental disability services under ORS 427.104; and

(2)(a)

Dangerous to self or others; or

(b)

Unable to provide for the person’s basic personal needs and not receiving care as is necessary for the health, safety or habilitation of the person.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.