Oregon Statutes - Chapter 427 - Persons With Mental Retardation; Persons With Developmental Disabilities - Section 427.020 - Review of plan of care for residents; certification for continued care and training; notice to resident.

(1) State training centers shall annually review the plan of care for each resident and certify the residentís 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 facilityís 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 residentís parent, guardian or person entitled to custody shall be notified by certified mail of the intent to certify the need for the residentís 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 residentís right to appear before the board on the residentís own behalf or to be represented at the proceeding by the residentís parent, guardian, the person entitled to custody or other person, including counsel, of the residentís 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 residentís 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  Next

Last modified: August 7, 2008