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]

Source: Section 427.121 — Choice of community living setting, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

427.005
Definitions 427.007
Policy 427.101
Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664 427.104
Developmental disability services 427.105
Diagnostic evaluations 427.107
Rights of persons receiving developmental disability services 427.109
Complaint procedures 427.115
Assessment of service needs and determination of service rate 427.121
Choice of community living setting 427.154
Individualized service plan 427.163
Application of savings generated by support service brokerages 427.215
Need for commitment 427.235
Notice to court of need for commitment 427.245
Hearing 427.255
Detention prior to investigation or hearing 427.265
Court to advise person of nature of proceeding and rights 427.270
Report of diagnostic evaluation 427.275
Fees of persons appointed by court to perform diagnostic evaluations 427.280
Treatment given after citation issued 427.285
Witnesses required at hearing 427.290
Determination by court of need for commitment 427.293
Disclosure of record of proceeding 427.295
Appeal of commitment order 427.300
Assignment to appropriate facility 427.306
Confinement of committed persons with intellectual disabilities in least restrictive setting 427.330
Definitions for ORS 427.330 to 427.340 427.335
Authority of department to develop community housing 427.340
Developmental Disabilities Community Housing Fund 427.347
Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation 427.348
Appointment of advisory committee 427.401
Oregon Human Rights Commission established 427.403
Commission to establish statewide regional advisory committee 427.900
Authority of Department of Human Services to impose civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 427.121’s source at oregon​.gov