Oregon · statute · Or. Rev. Stat. ch. 427 · 44 active provisions
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 responsibility expected for age and cultural group. (2) “Care” means: (a) Supportive services, including, but not limited to, provision of room and board; (…
(1)(a) Individuals with intellectual or developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent wi…
(1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by: (a) Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 443.410. (b) Adult foster homes, as define…
(1) The Department of Human Services shall adopt rules to ensure fiscal transparency in the provision of community-based services to individuals with intellectual or developmental disabilities and to ensure individuals with intellectual or developmental disabilities receive high quality services from providers that are…
(1) As used in this section: (a) “Agency” means an entity that is certified and endorsed by the Department of Human Services to provide services to individuals with intellectual or developmental disabilities. (b) “Ownership interest” means: (A) A direct or indirect ownership interest, or a combination of direct and ind…
As used in this section and ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664: (1) “Community living setting” means: (a) A residential setting; (b) An individual’s home or the home of the individual’s family; or (c) Other nonresidential setting. (2) “Developmental disability services” means the following serv…
The Department of Human Services, with funds appropriated for that purpose by the legislature, shall: (1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services; (2) Provide consultation and training to community developme…
(1) Pursuant to rules of the Department of Human Services, a diagnostic evaluation conducted to determine eligibility for developmental disability services may include, but is not limited to, the following: (a) A social history; (b) A psychological evaluation, including an appropriate individual test of intellectual ca…
(1) As used in this section: (a) “Facility” means any of the following that are licensed or certified by the Department of Human Services or that contract with the department for the provision of services: (A) A health care facility as defined in ORS 442.015; (B) A domiciliary care facility as defined in ORS 443.205; (…
(1) The Oregon Human Rights Commission established under ORS 427.401 shall receive complaints of violations of the rights afforded to an individual under ORS 427.107. With the consent of the individual, the individual’s guardian or any representative designated by the individual, the commission may request and receive…
(1) The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficient to meet the support needs of the indi…
(1) As used in this section, “adult” means an individual: (a) Who is at least 18 years of age; (b) Who has an intellectual or developmental disability; and (c) Who is eligible for, and who chooses to receive, developmental disability services. (2) An adult has the right to choose the adult’s community living setting. T…
(1) Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability services. (2) Developmental disability servic…
The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any services. [Formerly 427.450] (Enhanced Suppor…
(1) As used in this section: (a) “Enhanced supports to employers of personal support workers” means support given to an individual in self-directing the individual’s services or in managing personal support workers who are providing in-home services and supports to the individual, using a person-centered approach to en…
(1) As used in this section and ORS 410.855: (a) “Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the…
(1) As used in this section: (a) “Agency” means an agency that hires, trains and supervises direct support professionals using state funds received from the Department of Human Services. (b) “Attendant care services” means services provided directly to an individual with a disability to assist with activities of daily…
(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 Centers for Medicare and Medicaid Services…
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 self or others; or (b) Unable to provide f…
(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 the county has an intellectual disabilit…
(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 shall, through the issuance of a citation…
(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 imminent and serious danger to the person o…
(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 of the proceedings and the possible res…
(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 records of the evaluation are available to th…
(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 in its discretion determines reasonable…