Oregon Statutes - Chapter 427 - Persons With Mental Retardation; Persons With Developmental Disabilities - Section 427.031 - Rights of residents.

(1) Every resident shall have the right to exercise all civil rights in the same manner, and with the same effect, as one not admitted to a state training center, including, but not limited to, the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote, unless the resident has been adjudicated incompetent and has not been restored to legal capacity.

(2) Pursuant to rules of the Department of Human Services, a statement of rights guaranteed to residents admitted to state training centers shall be prominently posted in all facilities housing such residents. Each resident shall be encouraged and assisted to understand and exercise these rights which shall include, but not be limited to, the right to:

(a) Communicate freely in person by sending and receiving sealed mail and by reasonable access to telephones;

(b) Wear the residentís own clothing;

(c) Keep personal possessions, including toilet articles;

(d) Religious freedom;

(e) A private storage area with free access thereto;

(f) Be furnished with a reasonable supply of writing materials and stamps;

(g) Be represented by counsel whenever the substantial rights of the resident may be affected;

(h) Petition for a writ of habeas corpus;

(i) Not be required to perform labor tasks of the facility except those essential for treatment and training; and

(j) Be given reasonable compensation for all work performed other than personal housekeeping duties.

(3) Every resident shall have the right to the least hazardous treatment procedures available in the least restrictive state training center living area according to personal need and provisions of law.

(4) Mechanical restraints shall not be applied to a resident of a state training center unless it is determined by the chief medical officer of the facility or the designee of the chief medical officer to be required for the safety and welfare of the person or the safety of others. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the person over the signature of the chief medical officer of the facility or the designee of the chief medical officer. [1979 c.683 §29]

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Last modified: August 7, 2008