Oregon Statutes 427.121 – Choice of community living setting
(1) As used in this section, ‘adult’ means an individual:
Terms Used In Oregon Statutes 427.121
- 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
(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]
[Amended by 1955 c.651 § 10; repealed by 1957 c.160 § 6]
[Repealed by 1957 c.388 § 17]
[1953 c.155 § 5; 1963 c.411 § 1; 1965 c.339 § 12; 1969 c.597 § 93; 1979 c.683 § 27; renumbered 427.041]
(Support Services for Adults With Developmental Disabilities)