Chapter 427 — Chapter 427

ORS 427.170 Department of Human Services to contract with organizations to provide enhanced supports to employers of personal support workers; contract requirements. (1) As used in this section

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ORS 427.175 [Formerly 427.220; repealed by 2013 c.36 §73]

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ORS 427.180 [1979 c.683 §8; 2009 c.595 §439; 2011 c.658 §10; repealed by 2013 c.36 §73]

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ORS 427.181 Department of Human Services to contract with endorsed organizations providing agency with choice services; minimum qualifications; rules. (1) As used in this section and ORS 410.855

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ORS 427.185 [Formerly 427.225; 2009 c.595 §440; repealed by 2013 c.36 §73]

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ORS 427.190 [1979 c.683 §10; 2009 c.595 §441; repealed by 2013 c.36 §73]

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ORS 427.191 Program to compensate parents to provide attendant care services to their minor children; report to Legislative Assembly; rules. (1) As used in this section

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ORS 427.194 Federal financial participation in costs of program required. (1) Except as provided in section 4, chapter 367, Oregon Laws 2023, the Department of Human Services may not administer the program described in ORS 427.191 without the Centers for Medicare and Medicaid Services’ approval of a new waiver or without other arrangements with the Centers for Medicare and Medicaid Services to receive federal financial participation in the costs of the program during a state of emergency or a public health emergency

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ORS 427.195 [Formerly 427.065; repealed by 2013 c.36 §73]

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ORS 427.200 [1953 c.615 §1; repealed by 1957 c.202 §6]

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ORS 427.205 [1979 c.683 §11; 1989 c.1006 §3; 2007 c.70 §220; 2009 c.11 §61; 2011 c.658 §11; repealed by 2013 c.36 §73]

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ORS 427.210 [1959 c.331 §1; 1965 c.339 §13; 1973 c.827 §44; repealed by 1979 c.683 §37]

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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

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ORS 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]

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ORS 427.225 [1961 c.661 §19; 1965 c.339 §15; 1973 c.277 §2; 1979 c.683 §9; renumbered 427.185]

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ORS 427.230 [1959 c.331 §6; 1965 c.339 §16; 1973 c.277 §3; repealed by 1979 c.683 §37]

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ORS 427.235 Notice to court of need for commitment; investigation; report and recommendation. (1) Any two persons may notify the court having probate jurisdiction for the county or the circuit court, if it is not the probate court but its jurisdiction has been extended to include commitment of a person with an intellectual disability under ORS 3.275, that a person within the county has an intellectual disability and is in need of commitment for residential care, treatment and training. Such notice shall be in writing and sworn to before an officer qualified to administer an oath and shall set forth the facts sufficient to show the need for investigation. The circuit court shall forward notice to the community developmental disabilities program director in the county if it finds the notice sufficient to show the need for investigation. The director or the designee of the director shall immediately investigate to determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training

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ORS 427.240 [1959 c.331 §3; 1965 c.339 §17; 1969 c.391 §10; 1973 c.277 §4; repealed by 1979 c.683 §37]

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ORS 427.245 Hearing; citation to appear; notice; right to legal counsel. (1) If the court, following receipt of an investigation report under ORS 427.235, concludes that there is probable cause to believe that the subject of the investigation has an intellectual disability and is in need of commitment for residential care, treatment and training, it shall, through the issuance of a citation as provided in subsection (2) of this section, cause the person to be brought before it at such time and place as it may direct for a hearing to determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. The person shall be given the opportunity to appear at the hearing. If the person is detained pursuant to ORS 427.255, the court shall hold the hearing within seven judicial days

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ORS 427.250 [1959 c.331 §4; 1965 c.339 §18; 1969 c.391 §11; repealed by 1979 c.683 §37]

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ORS 427.255 Detention prior to investigation or hearing; care and maintenance while under custody. (1) If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant of detention to either the community developmental disabilities program director or the sheriff of the county directing that the director, the sheriff or the designee of the director or sheriff take the person into custody and produce the person at the time and place stated in the warrant. At the time the person is taken into custody, the custodian shall advise the person or, if the person is incapacitated, the guardian of the person of the person’s right to counsel, to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel appointed immediately

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ORS 427.260 [1959 c.331 §5; 1965 c.339 §19; 1973 c.277 §5; repealed by 1979 c.683 §37]

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ORS 427.265 Court to advise person of nature of proceeding and rights; appointment of legal counsel. (1) At the time that a person who is alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training is brought before the court, the court shall advise the person of the reason for being brought before the court, the nature of the proceedings and the possible results of the proceedings. The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings, and that if the person does not have funds with which to retain suitable legal counsel, the court shall appoint such legal counsel to represent the person. If the person does not request legal counsel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of the person

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ORS 427.270 Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination. (1) The examining facility conducting the diagnostic evaluation shall make its report in writing to the court. Where components of the diagnostic evaluation have been performed within the previous year according to Department of Human Services rules and ORS 427.105, and the records of the evaluation are available to the examining facility pursuant to ORS 179.505 and department rules, the results of such evaluation may be introduced in court in lieu of repetition of those components by the examining facility. If the facility finds, and shows by its report, that the person examined has an intellectual disability and is in need of commitment for residential care, treatment and training, the report shall include a recommendation as to the type of treatment or training facility most suitable for the person. The report shall also advise the court whether in the opinion of the examining facility the person and, if the person is incapacitated, the legal guardian of the person would cooperate with voluntary treatment or training and whether the person would benefit either from voluntary treatment or training or from appointment of a legal guardian or conservator

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ORS 427.275 Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs. (1) Any physician, naturopathic physician or psychologist employed by the court to make a diagnostic evaluation of a person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, shall be allowed a fee as the court in its discretion determines reasonable for the evaluation. The costs of the evaluation shall be paid by the county of residence of the person or, if the person has no residence within the state, by the county in which the person is taken into custody. The county shall not be held responsible for the costs of prior examinations or tests reported to the court, or of diagnostic evaluations performed or arranged by the community developmental disabilities program or Department of Human Services

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ORS 427.280 Treatment given after citation issued; notice to court. The community developmental disabilities program director or, if a person has been detained under ORS 427.255, the director of the facility retaining custody of a person alleged to be in need of commitment for residential care, treatment and training shall fully advise the court of all treatment known to have been administered to the person after a citation has been issued to the person. [1979 c.683 §22; 2009 c.595 §446; 2011 c.658 §19]

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ORS 427.285 Witnesses required at hearing; cross-examination. The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training shall have the right to cross-examine all witnesses, the investigator and the representative. [1979 c.683 §23; 2011 c.658 §20]

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ORS 427.290 Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator. After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. If in the opinion of the court the person is not in need of commitment for residential care, treatment and training, the person shall be discharged. If in the opinion of the court the person has, by clear and convincing evidence, an intellectual disability and is in need of commitment for residential care, treatment and training, the court may order as follows

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ORS 427.292 Parental consent required for involuntary commitment of minor child. ORS 427.235 to 427.292 do not permit a court to order an involuntary commitment of a minor child to the Department of Human Services without the consent of the minor child’s parent or legal guardian. [2023 c.339 §2]

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ORS 427.293 Disclosure of record of proceeding. (1) In any proceeding conducted under ORS 427.235 to 427.292, the court may not disclose any part of the record, including any report submitted to the court under ORS 427.270, to any person except

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ORS 427.295 Appeal of commitment order; appointment of legal counsel; costs. If a person appeals a commitment order issued under ORS 427.290, the court, upon request of the person or upon its own motion and upon finding that the person is financially eligible for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid as provided in ORS 138.500. [1979 c.867 §15; 1981 s.s. c.3 §136; 1985 c.502 §26; 2001 c.962 §73; 2011 c.658 §22; 2023 c.281 §74]

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ORS 427.300 Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing. (1) The Department of Human Services may, at its discretion, direct any person with an intellectual disability who has been committed under ORS 427.290 to the facility best able to treat and train the person. The authority of the department on such matters shall be final

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ORS 427.305 [1973 c.585 §2; 1979 c.683 §33; renumbered 427.051]

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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

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ORS 427.310 [1973 c.585 §3; repealed by 1979 c.683 §37]

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ORS 427.315 [1973 c.585 §6; repealed by 1979 c.683 §37]

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ORS 427.320 [1973 c.585 §4; repealed by 1979 c.683 §37]

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ORS 427.325 [1973 c.585 §5; repealed by 1979 c.683 §37]

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ORS 427.330 Definitions for ORS 427.330 to 427.340. As used in ORS 427.330 to 427.340

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ORS 427.335 Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers. (1) The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with intellectual or developmental disabilities

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ORS 427.340 Developmental Disabilities Community Housing Fund. (1) There is established a Developmental Disabilities Community Housing Fund in the State Treasury, separate and distinct from the General Fund. All moneys in the Developmental Disabilities Community Housing Fund are continuously appropriated to the Department of Human Services to pay expenses incurred by the Department of Human Services in carrying out the provisions of ORS 427.330 and 427.335. Interest earned on moneys in the fund shall be credited to the fund

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ORS 427.345 [1999 c.753 §5; 2013 c.36 §14; repealed by 2019 c.551 §4]

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ORS 427.347 Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation. (1) Notwithstanding the continuous appropriation of moneys in the Developmental Disabilities Community Housing Fund established under ORS 427.340, the balance of moneys remaining in the Community Housing Trust Account established in ORS 427.340 on January 1, 2020, that are unexpended, unobligated and not subject to any conditions shall be transferred to the Oregon Community Foundation for the purposes described in ORS 427.335. The foundation shall be advised by and shall consult with the advisory committee appointed under ORS 427.348 regarding any expenditures made from the moneys transferred to the foundation under this section

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ORS 427.348 Appointment of advisory committee. The Oregon Council on Developmental Disabilities shall appoint an advisory committee to advise and consult with the Oregon Community Foundation in making expenditures under ORS 427.347. The committee must include one individual each to represent

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ORS 427.400 [2011 c.658 §1; 2013 c.36 §15; 2013 c.604 §3; renumbered 427.101 in 2013]

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ORS 427.401 Oregon Human Rights Commission established; membership; rules. (1) The Oregon Human Rights Commission is established within the Department of Human Services. The commission consists of nine members appointed by the Governor for not more than two consecutive three-year terms. The purpose of the commission is to safeguard the dignity and basic human rights of individuals who have an intellectual or developmental disability

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ORS 427.402 [2011 c.658 §2; 2013 c.602 §3; renumbered 427.154 in 2013]

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ORS 427.403 Commission to establish statewide regional advisory committee. The Oregon Human Rights Commission shall establish by rule a statewide regional advisory committee system. At a minimum, the system shall establish a process by which the regional advisory committees may conduct informational hearings regarding the violation of the rights of individuals who have intellectual or developmental disabilities and relay the information received to the commission for the commission’s consideration in adopting rules. [2019 c.296 §3]

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ORS 427.410 [2011 c.658 §3; renumbered 427.160 in 2013]

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ORS 427.430 Statewide employment first advisory committee; membership; regional employment first committees; duties of Department of Human Services and Department of Education; rules. (1)(a) The Department of Human Services, in collaboration with the Department of Education, shall appoint a statewide employment first advisory committee to advise the Department of Human Services on strategies for increasing opportunities for individuals with intellectual or developmental disabilities to obtain and advance in competitive integrated employment

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