Chapter 427 — Chapter 427
104 sections in this chapter.
ORS 427.005 Definitions. As used in this chapter
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(1) “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. (2) “Care” means: (a) Supportive services, including, but not limited to, provision of ro…
ORS 427.007 Policy; Department of Human Services to facilitate community-based services. (1)(a) 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
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(b) 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. (c) Support for families with children who have int…
ORS 427.009 [1987 c.870 §1; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 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c.807 §3; 1979 c.683 §6; 1983 c.505 §2; 1983 c.740 §150; 2001 c.900 §128; 2007 c.70 §217; 2009 c.59 §2; 2011 c.658 §6; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.012 [Formerly 428.548; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.015 [1961 c.661 §2; 1967 c.534 §21; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.020 [1979 c.683 §28; 2011 c.658 §7; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.021 Application fees for providers of residential care to individuals with intellectual or developmental disabilities; rules. (1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by
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(a) Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 443.410. (b) Adult foster homes, as defined in ORS 443.705, that provide residential care to adults with intellectual or developmental disabilities, for licenses …
ORS 427.024 Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities; rules. (1) 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 department to provide community-based services. At a minimum, the rules must establish, for providers of community-based services to individuals with intellectual or developmental disabilities
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(a) Requirements to annually submit staffing data to a reporting survey organization specified by the department; (b) Requirements to submit an annual report to the department that includes: (A) A disclosure of executive compensation and benefits; (B) A disclosure of starting, av…
ORS 427.025 [1961 c.661 §3; 1965 c.339 §3; 1967 c.534 §22; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.026 Revocation or denial of license, certificate or endorsement of provider of services to individuals with intellectual or developmental disabilities; other sanctions. (1) As used in this section
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(a) “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. (b) “Ownership interest” means: (A) A direct or indirect ownership interest, or a combination of dir…
ORS 427.030 [Amended by 1953 c.155 §7; 1957 c.403 §6; 1959 c.331 §7; repealed by 1961 c.661 §20]
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[Repealed or reserved.]
ORS 427.031 [1979 c.683 §29; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.035 [1961 c.661 §4; 1965 c.339 §4; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.040 [Amended by 1953 c.155 §7; repealed by 1961 c.661 §20]
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[Repealed or reserved.]
ORS 427.041 [Formerly 427.150; 2007 c.70 §218; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.045 [1961 c.661 §§5,6; 1965 c.339 §5; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.050 [Amended by 1953 c.155 §7; 1957 c.388 §12; 1961 c.661 §11; renumbered 427.065]
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[Repealed or reserved.]
ORS 427.051 [Formerly 427.305; 2007 c.70 §219; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.055 [1961 c.661 §§7,8; 1965 c.339 §6; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.059 [1961 c.661 §§9,10; 1965 c.339 §7; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.060 [Amended by 1961 c.661 §12; renumbered 427.067]
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[Repealed or reserved.]
ORS 427.061 [1979 c.683 §32; 2011 c.658 §8; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.062 [1969 c.632 §§2,3,4; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.065 [Formerly 427.050; 1965 c.339 §8; 1975 c.155 §4; 1979 c.683 §12; renumbered 427.195]
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[Repealed or reserved.]
ORS 427.067 [Formerly 427.060; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.070 [Amended by 1961 c.661 §13; repealed by 1965 c.339 §27]
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[Repealed or reserved.]
ORS 427.075 [1969 c.38 §2; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.080 [Repealed by 1961 c.661 §20]
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[Repealed or reserved.]
ORS 427.085 [1961 c.661 §15; 1967 c.534 §23; 1969 c.591 §299; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.090 [Amended by 1961 c.661 §16; 1965 c.339 §9; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.100 [Amended by 1965 c.339 §10; repealed by 1979 c.683 §37]
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DEVELOPMENTAL DISABILITY SERVICES PROGRAM (Eligibility for Services)
ORS 427.101 Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664. As used in this section and ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664
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(1) “Community living setting” means: (a) A residential setting; (b) An individual’s home or the home of the individual’s family; or (c) Other nonresidential setting. (2) “Developmental disability services” means the following services as provided for individuals with intellectua…
ORS 427.104 Developmental disability services; rules. The Department of Human Services, with funds appropriated for that purpose by the legislature, shall
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(1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services; (2) Provide consultation and training to community developmental disabilities programs in determining eligibility for deve…
ORS 427.105 Diagnostic evaluations; contents; purpose; rules. (1) 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
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(a) A social history; (b) A psychological evaluation, including an appropriate individual test of intellectual capacity, an academic achievement test, a social development assessment and an adaptive behavior assessment; and (c) A medical evaluation including, if practicable, pren…
ORS 427.106 [1953 c.631 §2; 1965 c.339 §22; 1969 c.53 §1; repealed by 1979 c.683 §37]
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(Rights of Persons Receiving Services)
ORS 427.107 Rights of persons receiving developmental disability services; rules. (1) As used in this section
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(a) “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) A health care facility as defined in ORS 442.015; (B) A domiciliary care facility as defined in ORS…
ORS 427.108 [1953 c.631 §3; 1977 c.384 §6; 1979 c.683 §15; 2009 c.595 §437a; repealed by 2013 c.36 §73]
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[Repealed or reserved.]
ORS 427.109 Complaint procedures. (1) 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 Services that is relevant to a complaint. The commission shall have the right to meet with the Director of Human Services or a designee of the director to resolve a complaint
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(2)(a) All confidential information received by the commission under this section must remain confidential and may be disclosed only in accordance with state and federal laws. (b) Commission members and staff may not make any public comment or publicly disclose any materials that…
ORS 427.110 [Repealed by 1953 c.155 §7]
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[Repealed or reserved.]
ORS 427.112 [1979 c.683 §30; 2009 c.595 §438; repealed by 2013 c.36 §73]
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(Comprehensive Services for Adults With Developmental Disabilities)
ORS 427.115 Assessment of service needs and determination of service rate; rules. (1) 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 results in a change to the service rate being paid to the service provider, the department or the department’s designee shall provide to the individual and the individual’s service provider and case manager and, if appropriate, to the individual’s guardian, primary caregiver or family members, a detailed accounting of the service rate paid to the service provider and the factors and weighting of factors used to determine the service rate
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(2) The department or the department’s designee shall assess the support needs and determine the service rate, as described in subsection (1) of this section, no later than 90 days after the individual or the individual’s service provider, case manager, guardian, primary caregive…
ORS 427.120 [Amended by 1953 c.155 §7; 1959 c.331 §8; 1965 c.339 §11; repealed by 1979 c.683 §37]
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[Repealed or reserved.]
ORS 427.121 Choice of community living setting. (1) As used in this section, “adult” means an individual
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(a) Who is at least 18 years of age; (b) Who has an intellectual or developmental disability; and (c) Who is eligible for, and who chooses to receive, developmental disability services. (2) An adult has the right to choose the adult’s community living setting. The Department of H…
ORS 427.130 [Amended by 1955 c.651 §10; repealed by 1957 c.160 §6]
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[Repealed or reserved.]
ORS 427.140 [Repealed by 1957 c.388 §17]
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[Repealed or reserved.]
ORS 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]
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(Support Services for Adults With Developmental Disabilities)
ORS 427.154 Individualized service plan; requirements; rules. (1) 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
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(2) Developmental disability services shall be provided pursuant to an individualized service plan that is developed and reassessed at least annually using a person-centered planning process. (3) The department shall ensure that each individual receiving developmental disability …
ORS 427.160 [Formerly 427.410; repealed by 2019 c.276 §8]
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[Repealed or reserved.]
ORS 427.163 Application of savings generated by support service brokerages. 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. [Formerly 427.450]
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(Enhanced Supports to Employers of Personal Support Workers)