Title 35, Mental Health and Developmental Disabilities; Substance Use Disorder Treatment

As used in this chapter: (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 li…

(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 ar…

(1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by: (a) Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 44…

(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 …

(1) As used in this section: (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 inte…

As used in this section and ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664: (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 disab…

The Department of Human Services, with funds appropriated for that purpose by the legislature, shall: (1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services; (2) Provide consulta…

(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: (a) A social history; (b) A psychological evaluation, including an approp…

(1) As used in this section: (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 ca…

(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,…

(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 sufficie…

(1) As used in this section, “adult” means an individual: (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…

(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 servi…

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 servi…

(1) As used in this section: (a) “Enhanced supports to employers of personal support workers” means support given to an individual in self-directing the individual’s services or in managing personal support workers who are providing in-home services and supports to the individual…

(1) As used in this section and ORS 410.855: (a) “Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach…

(1) As used in this section: (a) “Agency” means an agency that hires, trains and supervises direct support professionals using state funds received from the Department of Human Services. (b) “Attendant care services” means services provided directly to an individual with a disabi…

(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 Cen…

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 se…

(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 …

(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 s…

(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 imm…

(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…

(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 recor…

(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…

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 …

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 rig…

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 …

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]

(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: (a) The court shall, pursuant to rules adopted by the Department of State Police, …

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 per…

(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. (2)(a) …

(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 …

As used in ORS 427.330 to 427.340: (1) “Care provider” means an individual, family member or entity that provides care. (2) “Community housing” includes: (a) Real property, including but not limited to buildings, structures, improvements to real property and related equipment, th…

(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 intellect…

(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 t…

(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 unexpe…

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: (1) Support services brokerages; …

(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…

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 indi…

(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 dev…

(1) The Department of Human Services shall ensure that employment services, as defined in ORS 427.101, provided to individuals with intellectual or developmental disabilities are designed to help the individuals obtain competitive integrated employment, as defined in ORS 427.005.…

(1) The Department of Human Services, in collaboration with other state agencies as needed, shall establish a State as Model Employer program. The program must employ a sustainable, comprehensive strategy to: (a) Develop accessible and inclusive hiring practices of individuals wi…

(1) The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS 183.745, for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS 409.010 (2) by any provi…