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

(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…

It is declared to be the policy and intent of the Legislative Assembly that whenever a person physically present in the State of Oregon is in need of institutionalization by reason of mental illness or in need of residential care, treatment or training by reason of an intellectua…

As used in ORS 428.210 to 428.270: (1) “Authority” means the Oregon Health Authority. (2) “Department” means the Department of Human Services. (3) “Facility” has the meaning given that term in ORS 427.005. (4) “Foreign hospital” means an institution in any other state that corres…

(1) In determining whether or not any person committed by a court of competent jurisdiction to a state hospital, foreign hospital or facility is a resident of this state: (a) The time spent in a state hospital or foreign hospital or on parole from a state hospital or foreign hosp…

(1) Except as provided in ORS 428.205, 428.220 and 428.330, the Department of Human Services and the Oregon Health Authority shall return nonresident patients to any other state in which they may have legal residence. (2) The department may give written authorization for the retu…

(1) For the purpose of facilitating the return of nonresident patients, the Department of Human Services may enter into a reciprocal agreement with any other state for the mutual exchange of persons committed by a court of competent jurisdiction to a facility pursuant to ORS 427.…

(1) Except as provided in ORS 428.270, all expenses incurred under ORS 428.230 and 428.240 in returning nonresident patients from this state to any other state shall be paid by this state. (2) All expenses of returning residents of this state shall be borne by the other state mak…

(1) For the purpose of carrying out the provisions of ORS 428.210 to 428.270, the Department of Human Services or the Oregon Health Authority may employ all help necessary in arranging for and transporting nonresident patients. (2) The cost and expense of providing such assistanc…

(1) Any person, except an officer, agent or employee of a common carrier acting in the line of duty, who brings or in any way aids in bringing into this state any patient without the written authorization of the Department of Human Services or the Oregon Health Authority, shall b…

The Department of Human Services or the Oregon Health Authority may execute and terminate a compact on behalf of the State of Oregon with any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico joining therein, in the …

(1) When the person who is the subject of the Interstate Compact on Mental Health is being transported to or from a facility, the Department of Human Services shall carry out the duties of compact administrator, may adopt rules to carry out more effectively the terms of the compa…

(1) The Department of Human Services or the Oregon Health Authority may comply with the terms of the Interstate Compact on Mental Health in dealing with a state which is not a party of the interstate compact. (2) When the department or the authority acts under subsection (1) of t…

As used in this chapter: (1) “Outpatient service” means: (a) A program or service providing treatment by appointment and by: (A) Physicians licensed under ORS 677.100 to 677.228; (B) Psychologists licensed by the Oregon Board of Psychology under ORS 675.010 to 675.150; (C) Nurse …

Subject to ORS 417.300 and 417.305: (1) The Department of Human Services shall directly or through contracts with private entities, counties under ORS 430.620 or other public entities: (a) Direct, promote, correlate and coordinate all the activities, duties and direct services fo…

The enumeration of duties, functions and powers under ORS 430.021 shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the Department of Human Services or the Oregon Health Authority by other provisions of law. [1961 c.706 §3; 1969 c.5…

The Oregon Health Authority shall adopt policies that support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services. The policies shall be designed to remove barriers that: (1) Segregate persons with disa…

(1) As used in this section and ORS 430.075, “consumer” means a person who has received or is receiving mental health, addiction or substance use disorder services. (2) Consistent with the principles embodied in ORS 430.071 to support and promote independence and self-determinati…

(1) Subject to the limitations in subsection (2) of this section, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, shall be consumers, with representation balanced by age…

The Oregon Health Authority shall adopt rules to implement ORS 430.071 to 430.075. [2007 c.805 §4; 2009 c.595 §464] Note: See note under 430.071.

(1) The Oregon Health Authority is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting mental health, including grants for mental hygiene programs, as may be available to this state or any of its polit…

All funds allotted to the state by the Surgeon General, the Treasury Department, or other agency of the United States for the construction and operation of community facilities in carrying out the state plan for the promotion of mental health or developmental disability services,…

The Oregon Health Authority may prescribe fee schedules for any of the programs that it establishes and operates under ORS 430.265, 430.306 to 430.375, 430.405, 430.415 and 430.850 to 430.880. The fees shall be charged and collected by the authority in the same manner as charges …

(1) The Department of Human Services may receive funds that are the property of the department’s clients or are contributed for the use of the department’s clients. The department shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust…

The Mental Health Services Fund is established in the State Treasury, separate and distinct from the General Fund. The Mental Health Services Fund comprises moneys collected or received by the Oregon Health Authority, the Department of Human Services and the Department of Correct…