Oregon Law
Law as of Jan 1, 2026
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427.007Policy; Department of Human Services to facilitate community-based services 427.009[1987 c.870 §1; repealed by 2001 c.900 §261] 427.010[Amended by 1953 c.155 §7; 1965 c.339 §2; 1965 c.595 §3; 1969 c.391 §9; 1971 c.75 §1; 1973 c.262 §1; 1973 c.807 §3; 1979 c.683 §6; 1983 c.505 §2; 1983 c.740 §150; 2001 c.900 §128; 2007 c.70 §217; 2009 c.59 §2; 2011 c.658 §6; repealed by 2013 c.36 §73] 427.012[Formerly 428.548; repealed by 1979 c.683 §37] 427.015[1961 c.661 §2; 1967 c.534 §21; repealed by 1979 c.683 §37] 427.020[1979 c.683 §28; 2011 c.658 §7; repealed by 2013 c.36 §73] 427.021Application fees for providers of residential care to individuals with intellectual or developmental disabilities; rules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with intellectual or developmental disabilities; rules 427.025[1961 c.661 §3; 1965 c.339 §3; 1967 c.534 §22; repealed by 1979 c.683 §37] 427.026Revocation or denial of license, certificate or endorsement of provider of services to individuals with intellectual or developmental disabilities; other sanctions 427.030[Amended by 1953 c.155 §7; 1957 c.403 §6; 1959 c.331 §7; repealed by 1961 c.661 §20] 427.031[1979 c.683 §29; repealed by 2013 c.36 §73] 427.035[1961 c.661 §4; 1965 c.339 §4; repealed by 1979 c.683 §37] 427.040[Amended by 1953 c.155 §7; repealed by 1961 c.661 §20] 427.041[Formerly 427.150; 2007 c.70 §218; repealed by 2013 c.36 §73] 427.045[1961 c.661 §§5,6; 1965 c.339 §5; repealed by 1979 c.683 §37] 427.050[Amended by 1953 c.155 §7; 1957 c.388 §12; 1961 c.661 §11; renumbered 427.065] 427.051[Formerly 427.305; 2007 c.70 §219; repealed by 2013 c.36 §73] 427.055[1961 c.661 §§7,8; 1965 c.339 §6; repealed by 1979 c.683 §37] 427.059[1961 c.661 §§9,10; 1965 c.339 §7; repealed by 1979 c.683 §37] 427.060[Amended by 1961 c.661 §12; renumbered 427.067] 427.061[1979 c.683 §32; 2011 c.658 §8; repealed by 2013 c.36 §73] 427.062[1969 c.632 §§2,3,4; repealed by 1979 c.683 §37] 427.065[Formerly 427.050; 1965 c.339 §8; 1975 c.155 §4; 1979 c.683 §12; renumbered 427.195] 427.067[Formerly 427.060; repealed by 1979 c.683 §37] 427.070[Amended by 1961 c.661 §13; repealed by 1965 c.339 §27] 427.075[1969 c.38 §2; repealed by 1979 c.683 §37] 427.080[Repealed by 1961 c.661 §20] 427.085[1961 c.661 §15; 1967 c.534 §23; 1969 c.591 §299; repealed by 1979 c.683 §37] 427.090[Amended by 1961 c.661 §16; 1965 c.339 §9; repealed by 1979 c.683 §37] 427.100[Amended by 1965 c.339 §10; repealed by 1979 c.683 §37] 427.101Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and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 427.170Department of Human Services to contract with organizations to provide enhanced supports to employers of personal support workers; contract requirements 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 endorsed organizations providing agency with choice services; minimum qualifications; rules 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 427.194Federal financial participation in costs of program required 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] 427.430Statewide employment first advisory committee; membership; regional employment first committees; duties of Department of Human Services and Department of Education; rules 427.435Employment services; prohibition on sheltered work setting; rules 427.440Department of Human Services to establish State as Model Employer program; rules 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 427.306 Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required

(1)

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.

(2)

A person alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, who is not incarcerated on a criminal charge, may not be confined without an attendant in charge of the person. If the person is not confined in a hospital or a facility, the community developmental disabilities program director or sheriff having the person in custody shall select some suitable individual to act as attendant in quarters suitable for the comfortable, safe and humane confinement of the person. The person shall be detained in the least restrictive setting consistent with the person’s emotional and physical needs and the protection of others.

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