Oregon Statutes 427.107 – Rights of persons receiving developmental disability services; rules
(1) As used in this section:
Terms Used In Oregon Statutes 427.107
- Contract: A legal written agreement that becomes binding when signed.
- Developmental disability: means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:
(a) Originates before an individual is 22 years of age and is expected to continue indefinitely;
(b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;
(c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and
(d) Requires supports similar to those required by an individual with an intellectual disability. See Oregon Statutes 427.005
- Facility: means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities. See Oregon Statutes 427.005
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
(a) ‘Facility’ means any of the following that are licensed or certified by the Department of Human Services or that contract with the department for the provision of services:
(A) A health care facility as defined in ORS § 442.015;
(B) A domiciliary care facility as defined in ORS § 443.205;
(C) A residential facility as defined in ORS § 443.400; or
(D) An adult foster home as defined in ORS § 443.705.
(b) ‘Person’ means an individual who has an intellectual or developmental disability as defined in ORS § 427.005 and receives services from a program or facility.
(c) ‘Program’ means a community developmental disabilities program as described in ORS § 430.662 and agencies with which the department or the program contracts to provide services.
(d) ‘Service’ means a community-based service described in ORS § 427.007.
(2) While receiving developmental disability services, every person shall have the right to:
(a) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation.
(b) Be free from seclusion or personal, chemical or mechanical restraints unless an imminent risk of physical harm to the person or others exists and only for as long as the imminent risk continues.
(c) Not receive services without informed voluntary written consent except in a medical emergency or as otherwise permitted by law.
(d) Not participate in experimentation without informed voluntary written consent.
(e) A humane environment that affords reasonable privacy and the ability to engage in private communications with people of the individual’s choosing through personal visits, mail, telephone or electronic means.
(f) Visit with family members, friends, advocates and legal and medical professionals.
(g) Participate regularly in the community and use community resources.
(h) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation.
(i) Seek a meaningful life by choosing from available services and enjoying the benefits of community involvement and community integration in a manner that is least restrictive to the person’s liberty considering the person’s preferences and age.
(j) An individualized service plan, services based upon that plan and periodic review and reassessment of service needs.
(k) Ongoing participation in the planning of services, including the right to participate in the development and periodic revision of the plan for services, the right to be provided with an explanation of all service considerations in a manner that ensures meaningful individual participation and the right to invite others of the person’s choosing to participate in the plan for services.
(L) Not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services and exercise of a grievance procedure.
(m) Be informed at the start of services and annually thereafter of the rights guaranteed by this section, the contact information for the protection and advocacy system described in ORS § 192.517 (1), and the procedures for filing grievances, hearings or appeals if services have been or are proposed to be reduced, eliminated or changed.
(n) Be encouraged and assisted in exercising all legal rights.
(o) Assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure without any form of retaliation or punishment.
(p) Manage the person’s own money and financial affairs unless that right has been taken away by court order or other legal procedure.
(q) Keep and use personal property and have a reasonable amount of personal storage space.
(3) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to exercise religious freedom, vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents.
(4) A person who is receiving developmental disability services has the right under ORS § 430.212 to be informed and to have the person’s guardian and any representative designated by the person be informed that a family member has contacted the department to determine the location of the person, and to be informed of the name and contact information, if known, of the family member.
(5) The rights described in this section may be asserted and exercised by the person, the person’s guardian and any representative designated by the person.
(6) Nothing in this section may be construed to alter any legal rights and responsibilities between parent and child.
(7) The department shall adopt rules concerning the rights described in this section that are consistent with the directives set forth in ORS § 427.007. [2013 c.36 § 1; 2019 c.276 § 5]
427.107 and 427.109 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1953 c.631 § 3; 1977 c.384 § 6; 1979 c.683 § 15; 2009 c.595 § 437a; repealed by 2013 c.36 § 73]