ORS 427.290
Determination by court of need for commitment

  • discharge
  • conditional release
  • commitment
  • appointment of guardian or conservator
After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person has an intellectual disability and because of the intellectual disability is either dangerous to self or others or is unable to provide for the personal needs of the person and is not receiving care as is necessary for the health, safety or habilitation of the person. If in the opinion of the court the person is not in need of commitment for residential care, treatment and training, the person shall be discharged. If in the opinion of the court the person has, by clear and convincing evidence, an intellectual disability and is in need of commitment for residential care, treatment and training, the court may order as follows:

(1)

If the person can give informed consent and is willing and able to participate in treatment and training on a voluntary basis, and the court finds that the person will do so, the court shall order release of the person and dismiss the case.

(2)

If a relative, a friend or legal guardian of the person requests that the relative, friend or legal guardian be allowed to care for the person for a period of one year in a place satisfactory to the court and shows that the relative, friend or legal guardian is able to care for the person and that there are adequate financial resources available for the care of the person, the court may commit the person and order that the person be conditionally released and placed in the care and custody of the relative, friend or legal guardian. The order may be revoked and the person committed to the Department of Human Services for the balance of the year whenever, in the opinion of the court, it is in the best interest of the person.

(3)

If in the opinion of the court voluntary treatment and training or conditional release is not in the best interest of the person, the court may order the commitment of the person to the department for care, treatment or training. The commitment shall be for a period not to exceed one year with provisions for continuing commitment pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of need for commitment).

(4)

If in the opinion of the court the person may be incapacitated, the court may appoint a legal guardian or conservator pursuant to ORS chapter 125. The appointment of a guardian or conservator shall be a separate order from the order of commitment. [1979 c.683 §24; 1995 c.664 §97; 2011 c.658 §21; 2013 c.36 §9]

Source: Section 427.290 — Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

Notes of Decisions

Where only evidence of appellant’s IQ indicated low estimate between 69 and 83 which placed her level of intellectual functioning above “retarded” classification of American Association on Mental Deficiency and there was no evidence to indicate she was unable to care for herself because of mental retardation, appellant did not meet required standard for involuntary commitment under this section. State v. Grandy, 50 Or App 239, 623 P2d 666 (1981)

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

§ 427.290’s source at oregon​.gov