Oregon Statutes 427.300 – Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing
(1) The Department of Human Services may, at its discretion, direct any person with an intellectual disability who has been committed under ORS § 427.290 to the facility best able to treat and train the person. The authority of the department on such matters shall be final.
Terms Used In Oregon Statutes 427.300
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Community developmental disabilities program director: means the director of a community developmental disabilities program described in ORS § 430. 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.
- Intellectual disability: means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age. See Oregon Statutes 427.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Treatment: means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. See Oregon Statutes 427.005
(2)(a) At any time, for good cause and in the best interest of the person, the department may decide to transfer the person from one facility to another or discharge the person as no longer in need of residential care, treatment or training.
(b) At least 30 days prior to the transfer or discharge, the department shall notify, by regular mail, the person and the guardian or other individual entitled to custody of the person of the decision to transfer or discharge. The notice must inform the person of the right to appeal the department’s decision to transfer or discharge. In the case of a medical emergency, the department is not required to give 30 days’ notice but shall give the notice as soon as possible under the circumstances. The department shall define ‘medical emergency’ by rule, including but not limited to an increase in the level of needed care or the person engaging in a behavior that poses an imminent danger to self or others.
(c) Except in a medical emergency, the person has the right to an administrative hearing prior to an involuntary transfer or discharge. ORS § 441.605 (4) and the department’s rules governing transfer notices and hearings for residents of long term care facilities apply to a transfer or discharge under this section. If the person is being transferred or discharged for a medical emergency, the hearing must be held no later than seven days after the transfer or discharge. The department shall maintain a space in the facility for the person pending the administrative order.
(3) The department, pursuant to its rules, may delegate to a community developmental disabilities program director or a support services brokerage the responsibility for assignment of persons with intellectual disabilities to suitable facilities or transfer between such facilities under conditions that the department may define. [1979 c.683 § 25; 2009 c.595 § 447; 2011 c.658 § 23; 2013 c.36 § 11; 2023 c.339 § 10]
[1973 c.585 § 2; 1979 c.683 § 33; renumbered 427.051]