OAR 415-054-0481
Individual Rights

(1) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to:
(a) Choose from available services and supports that are culturally competent, provided in the most integrated setting in the community and under conditions that are least restrictive to the individual’s liberty, that are least intrusive to the individual, and that provide for the greatest degree of independence;
(b) Be referred to a Division approved DUII services provider of the individual’s choice and be free from undue influence or coercion when choosing a provider.
(c) Have the role of the court, DUII services provider, and ADSS monitoring process explained where the DUII system is concerned;
(d) Be treated with dignity and respect;
(e) Confidentiality and the right to consent to disclosure in accordance with ORS 107.154 (Authority of parent when other parent granted sole custody of child), 179.505 (Disclosure of written accounts by health care services provider), 179.507 (Enforcement of ORS 179.495 and 179.505), 192.515 (Definitions for ORS 192.515 and 192.517), 192.507, 42 CFR Part 2 and 45 CFR Part 205.50;
(f) Inspect their service record in accordance with ORS 179.505 (Disclosure of written accounts by health care services provider);
(g) Refuse participation in experimentation;
(h) Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety;
(i) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation;
(j) Have religious freedom;
(k) Be free from seclusion and restraint;
(L) Be informed at the start of services of the rights guaranteed by this rule;
(m) Be informed of the policies and procedures, service agreements and fees applicable to the services provided and to have a custodial parent, guardian, or representative assist with understanding any information presented;
(n) Have family and guardian involvement in service planning and delivery;
(o) File grievances, including appealing decisions resulting from the grievance;
(p) Exercise all rights set forth in ORS 109.610 (Right to care for certain sexually transmitted infections without parental consent) through 109.697 (Right to contract for dwelling unit and utilities without parental consent) if the individual is a child, as defined by these rules;
(q) Exercise all rights set forth in ORS 426.385 (Rights of committed persons) if the individual is committed to the Authority; and
(r) Exercise all rights described in this rule without any form of reprisal or punishment.
(2) The ADSS must give to the individual and, if appropriate, the guardian a document that describes the applicable individual’s rights as follows:
(a) Information given to the individual must be in written form or, upon request, in an alternative format or language appropriate to the individual’s need;
(b) The rights and how to exercise them must be explained to the individual and if applicable the guardian; and
(c) Individual rights must be posted in writing in a common area.

Source: Rule 415-054-0481 — Individual Rights, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=415-054-0481.

Last Updated

Jun. 8, 2021

Rule 415-054-0481’s source at or​.us