(1) State training centers shall annually review the plan of care for each resident and certify the resident’s eligibility and need for continued residential care and training and shall present each certification with clear and convincing justification for continued residential care and training to the State Training Center Review Board for review and action pursuant to this section. If the board does not approve of the certification or, if the resident objects to continued residential care and training, the resident shall be released pursuant to ORS 427.300 or, if the Department of Human Services considers release not to be in the best interest of the resident, the superintendent of the state training center where the person is a resident shall initiate commitment proceedings pursuant to ORS 427.235 to 427.270, 427.280 and 427.285. The board may require the physical presence of any resident during the review. However, the board shall require the physical presence of each resident at least once every three years of residence in a state training center.
(2) The plan of care for each resident shall include, but not be limited to, the following:
(a) Current diagnosis;
(b) Level of functioning;
(c) Current habilitation and health programs in which the resident is participating;
(d) Statement as to continued eligibility and continued need for residential care;
(e) Statement of long-term and short-term goals for the resident; and
(f) Verification that the person has been advised of the facility’s statement of rights and the policies governing the immediate living area of the person.
(3) The state training center shall notify the resident orally. In addition, the resident, the resident’s parent, guardian or person entitled to custody shall be notified by certified mail of the intent to certify the need for the resident’s continued commitment. The notification shall include the following:
(a) Time, place and location of the hearing of the State Training Center Review Board;
(b) Explanation of the possible consequences of the proceedings; and
(c) Explanation of the resident’s right to appear before the board on the resident’s own behalf or to be represented at the proceeding by the resident’s parent, guardian, the person entitled to custody or other person, including counsel, of the resident’s choosing.
(4) In the event the resident, because of severe disability, is unable to receive and acknowledge the communication required by subsection (3) of this section, that fact shall be documented in the resident’s record and conveyed to the board. [1979 c.683 §28]
Section: Previous 427.005 427.007 427.009 427.010 427.012 427.015 427.020 427.025 427.030 427.031 427.035 427.040 427.041 427.045 427.050 NextLast modified: August 7, 2008