ORS 427.255
Detention prior to investigation or hearing

  • care and maintenance while under custody

(1)

If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant of detention to either the community developmental disabilities program director or the sheriff of the county directing that the director, the sheriff or the designee of the director or sheriff take the person into custody and produce the person at the time and place stated in the warrant. At the time the person is taken into custody, the custodian shall advise the person or, if the person is incapacitated or a minor, the parents or guardian of the person of the person’s right to counsel, to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel appointed immediately.

(2)

A person taken into custody under subsection (1) of this section shall be provided all care, custody, evaluation and treatment required for the mental and physical health and safety of the person and the director of the facility retaining custody shall report any care, custody, evaluation or treatment provided the person to the court as required by ORS 427.280 (Treatment given after citation issued). Any diagnostic evaluation performed on such person shall be consistent with Department of Human Services rules and ORS 427.105 (Diagnostic evaluations). Any prescription or administration of drugs shall be the sole responsibility of the treating physician or naturopathic physician. The person shall have the right to the least hazardous treatment procedures while in custody, and the treating physician or naturopathic physician shall be notified immediately of the use of any mechanical restraints on the person. A note of each use of mechanical restraint and the reasons therefor shall be made a part of the person’s clinical record over the signature of the treating physician or naturopathic physician. [1979 c.683 §19; 2009 c.595 §444; 2011 c.658 §15; 2017 c.356 §51]

Source: Section 427.255 — Detention prior to investigation or hearing; care and maintenance while under custody, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

Attorney General Opinions

Under former similar statute

Release of patient’s confidential case records, (1974) Vol 36, p 1080

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

§ 427.255’s source at oregon​.gov