Oregon Statutes - Chapter 427 - Persons With Mental Retardation; Persons With Developmental Disabilities

• 427.005   Definitions.
  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...
• 427.007   Policy; Department of Human Services to plan and facilitate community services.
  (1) The Legislative Assembly finds and declares that a significant number of persons with mental retardation or other developmental disabilities currently reside in state-operated hospitals...
• 427.009   [1987 c.870 §1; repealed by 2001 c.900 §261]
• 427.010   Eastern Oregon Training Center; care provided; fees; superintendent.
  (1) Except as otherwise ordered by the Department of Human Services pursuant to ORS 179.325, the Eastern Oregon Training Center in Pendleton, Umatilla County, shall...
• 427.012   [Formerly 428.548; repealed by 1979 c.683 §37]
• 427.015   [1961 c.661 §2; 1967 c.534 §21; repealed by 1979 c.683 §37]
• 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 resident’s eligibility and need for continued residential care...
• 427.025   [1961 c.661 §3; 1965 c.339 §3; 1967 c.534 §22; repealed by 1979 c.683 §37]
• 427.030   [Amended by 1953 c.155 §7; 1957 c.403 §6; 1959 c.331 §7; repealed by 1961 c.661 §20]
• 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...
• 427.035   [1961 c.661 §4; 1965 c.339 §4; repealed by 1979 c.683 §37]
• 427.040   [Amended by 1953 c.155 §7; repealed by 1961 c.661 §20]
• 427.041   Leave of absence for resident.
  The superintendent of a state training center may grant a temporary leave of absence to any resident of the state training center pursuant to the...
• 427.045   [1961 c.661 §§5,6; 1965 c.339 §5; repealed by 1979 c.683 §37]
• 427.050   [Amended by 1953 c.155 §7; 1957 c.388 §12; 1961 c.661 §11; renumbered 427.065]
• 427.051   Effect of admission to training center on competency.
  A person admitted to a state training center may not be considered by virtue of the admission to be incompetent. [Formerly 427.305; 2007 c.70 §219]
• 427.055   [1961 c.661 §§7,8; 1965 c.339 §6; repealed by 1979 c.683 §37]
• 427.059   [1961 c.661 §§9,10; 1965 c.339 §7; repealed by 1979 c.683 §37]
• 427.060   [Amended by 1961 c.661 §12; renumbered 427.067]
• 427.061   Payment for care and treatment in state training center.
  (1) If any mentally retarded person is admitted to and detained in a state training center under ORS 427.255, the Department of Human Services shall...
• 427.062   [1969 c.632 §§2,3,4; repealed by 1979 c.683 §37]
• 427.065   [Formerly 427.050; 1965 c.339 §8; 1975 c.155 §4; 1979 c.683 §12; renumbered 427.195]
• 427.067   [Formerly 427.060; repealed by 1979 c.683 §37]
• 427.070   [Amended by 1961 c.661 §13; repealed by 1965 c.339 §27]
• 427.075   [1969 c.38 §2; repealed by 1979 c.683 §37]
• 427.080   [Repealed by 1961 c.661 §20]
• 427.085   [1961 c.661 §15; 1967 c.534 §23; 1969 c.591 §299; repealed by 1979 c.683 §37]
• 427.090   [Amended by 1961 c.661 §16; 1965 c.339 §9; repealed by 1979 c.683 §37]
• 427.100   [Amended by 1965 c.339 §10; repealed by 1979 c.683 §37]
• 427.104   Developmental Disability Diagnosis and Evaluation Service; duties and powers.
  The Department of Human Services with funds appropriated for that purpose by the legislature, shall establish and operate a Developmental Disability Diagnosis and Evaluation Service...
• 427.105   Diagnostic evaluations; contents; purpose; rules.
  (1) Pursuant to rules of the Department of Human Services, a diagnostic evaluation shall include, but not be limited to, the following: (a) A social...
• 427.106   [1953 c.631 §2; 1965 c.339 §22; 1969 c.53 §1; repealed by 1979 c.683 §37]
• 427.108   Fee schedules for diagnosis and evaluation services.
  The Department of Human Services shall establish fee schedules for services under ORS 427.104. All fees collected under this section shall be deposited in the...
• 427.110   [Repealed by 1953 c.155 §7]
• 427.112   Certain facilities to charge for performing diagnostic evaluations.
  A general hospital, community mental health and developmental disabilities program, or other facility, except a state training center, providing diagnostic evaluations under ORS 427.105 shall...
• 427.120   [Amended by 1953 c.155 §7; 1959 c.331 §8; 1965 c.339 §11; repealed by 1979 c.683 §37]
• 427.130   [Amended by 1955 c.651 §10; repealed by 1957 c.160 §6]
• 427.140   [Repealed by 1957 c.388 §17]
• 427.150   [1953 c.155 §5; 1963 c.411 §1; 1965 c.339 §12; 1969 c.597 §93; 1979 c.683 §27; renumbered 427.041]
• 427.175   Admission to training center; rules.
  Pursuant to reasonable rules of the Department of Human Services and in conformity with ORS 427.180 to 427.190, the superintendent of a state training center...
• 427.180   Requirements for admission.
  (1) A person shall be admitted to a state training center only after: (a) The person has either been committed to the Department of Human...
• 427.185   Application for admission; diagnostic evaluation; costs of transportation and maintenance during evaluation.
  (1) A person seeking admission to a state training center shall apply on forms and in the manner established by the Department of Human Services,...
• 427.190   Determination of eligibility and priority for admission; notice of admission; appeal.
  (1) Upon receipt of a completed diagnostic evaluation, the community mental health and developmental disabilities program shall forward the completed application and the completed diagnostic...
• 427.195   Schedule of admissions; priority admissions; costs of transportation and maintenance.
  (1) Persons are entitled to admission to state training centers in the order in which completed applications are received and filed by the Developmental Disability...
• 427.200   [1953 c.615 §1; repealed by 1957 c.202 §6]
• 427.205   State Training Center Review Board; appointment; terms; compensation and expenses; duties.
  (1) The Director of Human Services shall appoint a State Training Center Review Board composed of three members. The Oregon Association for Retarded Citizens, the...
• 427.210   [1959 c.331 §1; 1965 c.339 §13; 1973 c.827 §44; repealed by 1979 c.683 §37]
• 427.215   Definitions for ORS 427.061 and 427.235 to 427.290.
  As used in ORS 427.061 and 427.235 to 427.290, unless the context requires otherwise, “mentally retarded person” applies only to a person who, because of...
• 427.220   [1959 c.331 §2; 1961 c.661 §17; 1965 c.339 §14; 1973 c.277 §1; 1979 c.683 §7; renumbered 427.175]
• 427.225   [1961 c.661 §19; 1965 c.339 §15; 1973 c.277 §2; 1979 c.683 §9; renumbered 427.185]
• 427.230   [1959 c.331 §6; 1965 c.339 §16; 1973 c.277 §3; repealed by 1979 c.683 §37]
• 427.235   Notice to court of need for commitment; investigation; report and recommendation.
  (1) Any two persons may notify the judge of the court having probate jurisdiction for the county or the circuit court, if it is not...
• 427.240   [1959 c.331 §3; 1965 c.339 §17; 1969 c.391 §10; 1973 c.277 §4; repealed by 1979 c.683 §37]
• 427.245   Hearing to determine mental retardation; citation to appear; notice; right to legal counsel.
  (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...
• 427.250   [1959 c.331 §4; 1965 c.339 §18; 1969 c.391 §11; repealed by 1979 c.683 §37]
• 427.255   Detention prior to investigation or hearing; care and maintenance while under custody.
  (1) If the court finds that there is probable cause to believe that failure to take an allegedly mentally retarded person into custody pending an...
• 427.260   [1959 c.331 §5; 1965 c.339 §19; 1973 c.277 §5; repealed by 1979 c.683 §37]
• 427.265   Court to advise person of nature of proceeding and rights; appointment of legal counsel.
  (1) At the time the allegedly mentally retarded person is brought before the court, the court shall advise the person of the reason for being...
• 427.270   Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination.
  (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...
• 427.275   Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs.
  (1) Any physician or psychologist employed by the judge to make a diagnostic evaluation of a person alleged to be mentally retarded shall be allowed...
• 427.280   Treatment given after citation issued; notice to court.
  The court shall be fully advised by the community mental health and developmental disabilities program director or, when the person has been detained under ORS...
• 427.285   Witnesses required at hearing; cross-examination.
  The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The allegedly mentally retarded person shall...
• 427.290   Determination by court of mental retardation; discharge; conditional release; commitment; appointment of guardian or conservator.
  After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person is mentally...
• 427.293   Record of proceedings; sealed records; disclosure.
  (1) The court shall cause to be recorded in the court records: (a) A full account of all proceedings conducted under ORS 427.235 to 427.290;...
• 427.295   Appeal of determination; appointment of legal counsel; costs.
  If a person determined by a court to be mentally retarded appeals the determination or disposition based thereon, and is determined to be financially eligible...
• 427.300   Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing.
  (1) The Department of Human Services may, at its discretion, direct any court-committed mentally retarded person to the facility best able to treat and train...
• 427.305   [1973 c.585 §2; 1979 c.683 §33; renumbered 427.051]
• 427.306   Confinement of persons with mental retardation; attendants; least restrictive setting.
  (1) No person, not incarcerated upon a criminal charge, who has been alleged or adjudged a mentally retarded person shall be confined in any prison,...
• 427.310   [1973 c.585 §3; repealed by 1979 c.683 §37]
• 427.315   [1973 c.585 §6; repealed by 1979 c.683 §37]
• 427.320   [1973 c.585 §4; repealed by 1979 c.683 §37]
• 427.325   [1973 c.585 §5; repealed by 1979 c.683 §37]
• 427.330   Definitions for ORS 427.330 to 427.345.
  As used in ORS 427.330 to 427.345: (1) “Care provider” means an individual, family member or entity that provides care. (2)(a) “Community housing” includes: (A)...
• 427.335   Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers.
  (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...
• 427.340   Developmental Disabilities Community Housing Fund; Community Housing Trust Account; reports.
  (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...
• 427.345   Sale of state training center; fair market value; use of proceeds.
  (1) When the Department of Human Services sells any surplus real property owned by the department and used as a state training center, the sale...

Last modified: August 7, 2008