Persons With Intellectual or Developmental Disabilities

ORS 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 responsibility expected for age and cultural group.

(2)

“Care” means:

(a)

Supportive services, including, but not limited to, provision of room and board;

(b)

Supervision;

(c)

Protection; and

(d)

Assistance in bathing, dressing, grooming, eating, management of money, transportation or recreation.

(3)

“Community developmental disabilities program director” means the director of an entity that provides services described in ORS 430.664 (Requirements for developmental disabilities programs and support service brokerages) to persons with intellectual disabilities or other developmental disabilities.

(4)

“Developmental disability” means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:

(a)

Originates before an individual is 22 years of age and is expected to continue indefinitely;

(b)

Results in a significant impairment in adaptive behavior as measured by a qualified professional;

(c)

Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and

(d)

Requires supports similar to those required by an individual with an intellectual disability.

(5)

“Director of the facility” means the person in charge of care, treatment and training programs at a facility.

(6)

“Facility” means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities.

(7)

“Incapacitated” means a person is unable, without assistance, to properly manage or take care of personal affairs, including but not limited to financial and medical decision-making, or is incapable, without assistance, of self-care.

(8)

“Independence” means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives.

(9)

“Integration” means:

(a)

Use by persons with intellectual disabilities or other developmental disabilities of the same community resources that are used by and available to other persons;

(b)

Participation by persons with intellectual disabilities or other developmental disabilities in the same community activities in which persons without disabilities participate, together with regular contact with persons without disabilities; and

(c)

Residence by persons with intellectual disabilities or other developmental disabilities in homes or in home-like settings that are in proximity to community resources, together with regular contact with persons without disabilities in their community.

(10)

(a) “Intellectual disability” means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age.

(b)

An individual with intelligence quotients of 71 through 75 may be considered to have an intellectual disability if there is also significant impairment in adaptive behavior, as diagnosed and measured by a qualified professional.

(c)

The impairment in adaptive behavior must be directly related to the intellectual disability.

(11)

“Minor” means an unmarried person under 18 years of age.

(12)

“Naturopathic physician” has the meaning given the term in ORS 685.010 (Definitions).

(13)

“Physician” means a person licensed by the Oregon Medical Board to practice medicine and surgery.

(14)

“Productivity” means regular engagement in income-producing work, preferably competitive employment with supports and accommodations to the extent necessary, by a person with an intellectual disability or another developmental disability which is measured through improvements in income level, employment status or job advancement or engagement by a person with an intellectual disability or another developmental disability in work contributing to a household or community.

(15)

“Service coordination” means person-centered planning, case management, procuring, coordinating and monitoring of services under an individualized support plan to establish desired outcomes, determine needs and identify resources for a person with developmental disabilities and advocating for the person.

(16)

“Training” means:

(a)

The systematic, planned maintenance, development or enhancement of self-care, social or independent living skills; or

(b)

The planned sequence of systematic interactions, activities, structured learning situations or education designed to meet each person’s specified needs in the areas of physical, emotional, intellectual and social growth.

(17)

“Treatment” means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. [1959 c.331 §10; 1961 c.706 §27; 1965 c.339 §1; subsection (2) enacted as 1965 c.595 §5; 1967 c.299 §1; 1979 c.683 §2; 1985 c.463 §1; 1985 c.565 §69; 1991 c.67 §111; 2001 c.900 §126; 2007 c.70 §215; 2009 c.828 §24; 2011 c.720 §§165,234; 2013 c.36 §3; 2017 c.356 §49; 2019 c.455 §7]

Notes of Decisions

Where plaintiff worked in building that housed only administrative functions for nonprofit program, plaintiff worked in nonprofit facility for purposes of ORS 30.262. Baumgarner v. Community Services, Inc., 992 F. Supp. 2d 1081 (D. Or. 2014)

Atty. Gen. Opinions

Residency requirements of transfer patients into and out of Oregon, (1973) Vol 36, p 297

Chapter 427

Notes of Decisions

Former commitment provisions of this chapter were constitutional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof "beyond a reasonable doubt." State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commitment proceeding is not criminal matter, principle of double jeopardy has no application. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemption of the Oregon Revised Statutes by the provisions of the Interstate Compact, (1973) Vol 36, p 297; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 439 (1979)


Source

Last accessed
Jun. 26, 2021