Persons With Intellectual or Developmental Disabilities

ORS 427.109
Complaint procedures


(1)

The Oregon Human Rights Commission established under ORS 427.401 (Oregon Human Rights Commission established) shall receive complaints of violations of the rights afforded to an individual under ORS 427.107 (Rights of persons receiving developmental disability services). With the consent of the individual, the individual’s guardian or any representative designated by the individual, the commission may request and receive information from the Department of Human Services that is relevant to a complaint. The commission shall have the right to meet with the Director of Human Services or a designee of the director to resolve a complaint.

(2)

(a) All confidential information received by the commission under this section must remain confidential and may be disclosed only in accordance with state and federal laws.

(b)

Commission members and staff may not make any public comment or publicly disclose any materials that relate to the personally identifiable information of an individual who alleges a violation or who appears before the commission under subsection (1) of this section. [2013 c.36 §2; 2019 c.296 §4]
Note: See note under 427.107 (Rights of persons receiving developmental disability services).
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