(1) As used in this section:

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(a) ‘Adult foster home’ has the meaning given that term in ORS § 443.705.

(b) ‘Area agency’ has the meaning given that term in ORS § 410.040.

(c) ‘Long term care facility’ has the meaning given that term in ORS § 442.015.

(d) ‘Move from a long term care facility’ has the meaning given that term in ORS § 441.357.

(e) ‘Residential care facility’ has the meaning given that term in ORS § 443.400.

(2) If the Department of Human Services or an area agency knows that a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005, is applying for admission to an adult foster home, a long term care facility or a residential care facility, the department or area agency shall notify the home or facility of the person’s status as a sex offender.

(3) When a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005, applies for admission to an adult foster home, a long term care facility or a residential care facility, the person shall notify the home or facility of the person’s status as a sex offender.

(4) An adult foster home, a long term care facility or a residential care facility may refuse admission to a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005.

(5)(a) An adult foster home may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

(A) The home was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005;

(B) The home learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005; and

(C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

(b) The home shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS Chapter 183 and the grounds for contesting the move at the time the home transfers or discharges the resident.

(6) Notwithstanding ORS § 441.362 and 441.605 (4), the department may move a resident from a long term care facility without providing 30 days’ written notice to the resident if the department or area agency learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005. The department shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS Chapter 183 and the grounds for contesting the move at the time the department moves the resident.

(7)(a) Notwithstanding ORS § 441.605 (4), a long term care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

(A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005;

(B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005; and

(C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

(b) The facility shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS Chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident.

(8)(a) A residential care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

(A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005;

(B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS § 163A.005; and

(C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

(b) The facility shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS Chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident.

(9) If a resident requests a hearing under subsection (5), (6), (7) or (8) of this section, the hearing must be held within five business days of the move, transfer or discharge of the resident.

(10) The department shall establish the criteria required by subsections (5)(a)(C), (7)(a)(C) and (8)(a)(C) of this section so that application of the criteria results in the identification of only those persons who present a current risk of harm to another person within the home or facility. [2005 c.671 § 13; 2014 c.104 § 7]

441.373 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[Amended by 1973 c.284 § 4; renumbered 440.410]

[Amended by 1969 c.343 § 22; repealed by 1971 c.727 § 203]

[Amended by 1969 c.343 § 23; repealed by 1971 c.727 § 203]

[Amended by 1969 c.343 § 24; repealed by 1971 c.727 § 203]

[Subsection (2) enacted as 1957 c.584 § 1; repealed by 1969 c.343 § 30]

[Amended by 1969 c.343 § 25; repealed by 1971 c.727 § 203]

LONG TERM CARE OMBUDSMAN