Oregon Law
Law as of Jan 1, 2024
Chapter contents
436.010[Amended by 1967 c.441 §1; repealed by 1983 c.460 §2] 436.020[Amended by 1955 c.556 §1; 1955 c.660 §29; 1967 c.441 §4; 1969 c.314 §43; 1971 c.650 §16; repealed by 1983 c.460 §2] 436.025[1967 c.441 §3 (1); repealed by 1983 c.460 §2] 436.030[Amended by 1955 c.651 §11; 1955 c.660 §30; 1961 c.173 §1; repealed by 1965 c.264 §12] 436.035[1967 c.441 §3 (2); repealed by 1983 c.460 §2] 436.040[Repealed by 1965 c.264 §1 (436.041 enacted in lieu of 436.040)] 436.041[1965 c.264 §2 (enacted in lieu of 436.040); 1967 c.441 §5; 1971 c.734 §50; repealed by 1983 c.460 §2] 436.050[Amended by 1961 c.173 §2; 1965 c.264 §3; part renumbered 436.055; 1967 c.441 §6; repealed by 1983 c.460 §2] 436.055[Formerly part of 436.050; repealed by 1967 c.441 §7 (436.056 enacted in lieu of 436.055)] 436.056[1967 c.441 §8 (enacted in lieu of 436.055); repealed by 1983 c.460 §2] 436.060[Repealed by 1965 c.264 §4 (436.061 enacted in lieu of 436.060)] 436.061[1965 c.264 §5 (enacted in lieu of 436.060); 1967 c.441 §9; repealed by 1983 c.460 §2] 436.070[Amended by 1965 c.264 §6; 1967 c.441 §10; repealed by 1983 c.460 §2] 436.080[Repealed by 1983 c.460 §2] 436.090[Amended by 1965 c.264 §7; 1967 c.441 §11; 1973 c.823 §138; repealed by 1983 c.460 §2] 436.100[Amended by 1965 c.264 §8; 1967 c.441 §12; 1969 c.391 §12; 1973 c.823 §139; 1973 c.829 §51; repealed by 1983 c.460 §2] 436.110[Amended by 1965 c.264 §9; 1967 c.441 §13; 1971 c.734 §51; repealed by 1983 c.460 §2] 436.115[1971 c.734 §53; repealed by 1983 c.460 §2] 436.120[Amended by 1965 c.264 §10; 1967 c.441 §14; repealed by 1971 c.734 §21] 436.125[1971 c.734 §54; repealed by 1983 c.460 §2] 436.130[Amended by 1965 c.264 §11; repealed by 1971 c.734 §21] 436.140[Repealed by 1983 c.460 §2] 436.150[Amended by 1973 c.829 §52; repealed by 1983 c.460 §2] 436.205Definitions 436.215Legislative finding 436.225Obtaining informed consent 436.235Petition to determine ability to give informed consent 436.245Petition content 436.255Court hearing on petition; notice 436.265Appointment of counsel; payment of expenses 436.275Admissible evidence; subpoenas 436.285Presence of respondent; waiver; medication 436.295Court determination of ability to consent 436.305Evidence on best interests of respondent 436.315Appointment of appeal counsel; payment of expenses 436.325Effect on surgical procedures 436.335Report on disposition; biennial review; report to Legislative Assembly

Chapter 436 — Sterilization

ORS 436.305 Evidence on best interests of respondent

(1)

In determining whether sterilization is in the best interest of the respondent, the court shall hear evidence including, but not limited to, medical, psychological and social evidence as to whether such sterilization is in the best interest of the individual as defined in ORS 436.205 (1).

(2)

The respondent or counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing. Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed.

(3)

The court shall give its consent to sterilization only if it finds by clear and convincing evidence that sterilization is in the best interest of the respondent. The court shall furnish findings to support its conclusion.

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.