Persons With Intellectual or Developmental Disabilities

ORS 427.121
Choice of community living setting


(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. The Department of Human Services or the department’s designee shall present to an adult at least three types of community living settings, including an option for services in the adult’s own or family home:

(a)

Each year, prior to authorizing services in a community living setting for the adult.

(b)

When an adult is moving from one community living setting to another community living setting.

(3)

The department or the department’s designee may not authorize services in a new type of community living setting without first complying with subsection (2) of this section.

(4)

The department or the department’s designee is not required to present the options under subsection (2) of this section if:

(a)

The adult is at imminent risk to health or safety in the adult’s current placement setting; or

(b)

The adult is moving from one nonresidential setting to another nonresidential setting. [2013 c.602 §2; 2019 c.276 §3]
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