2011 ORS § 427.005¹
As used in this chapter:
(1) Adaptive behavior means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group.
(2) Care means:
(a) Supportive services, including, but not limited to, provision of room and board;
(c) Protection; and
(d) Assistance in bathing, dressing, grooming, eating, management of money, transportation or recreation.
(3) Community developmental disabilities program director means the director of an entity that provides services described in ORS 430.664 (Additional developmental disability services that may be provided) to persons with intellectual disabilities or other developmental disabilities.
(4) Developmental disability means an intellectual disability, autism, cerebral palsy, epilepsy or other neurological condition diagnosed by a qualified professional that:
(a) Originates before an individual is 22 years of age, or 18 years of age for an intellectual disability;
(b) Originates in and directly affects the brain and is expected to continue indefinitely;
(c) Results in a significant impairment in adaptive behavior as measured by a qualified professional;
(d) 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
(e) Requires training and support similar to that required by an individual with an intellectual disability.
(5) Director of the facility means the superintendent of a state training center, or the person in charge of care, treatment and training programs at other facilities.
(6) Facility means a state training center, community hospital, group home, activity center, intermediate care facility, community mental health clinic, or such other facility or program as the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities.
(7) Incapacitated means a person is unable, without assistance, to properly manage or take care of personal affairs or is incapable, without assistance, of self-care.
(8) Independence means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives.
(9) Integration means:
(a) Use by persons with intellectual disabilities or other developmental disabilities of the same community resources that are used by and available to other persons;
(b) Participation by persons with intellectual disabilities or other developmental disabilities in the same community activities in which persons without disabilities participate, together with regular contact with persons without disabilities; and
(c) Residence by persons with intellectual disabilities or other developmental disabilities in homes or in home-like settings that are in proximity to community resources, together with regular contact with persons without disabilities in their community.
(10)(a) Intellectual disability means significantly subaverage general intellectual functioning, defined as intelligence quotients under 70 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.
(b) An individual with intelligence quotients of 70 through 75 may be considered to have an intellectual disability if there is also significant impairment in adaptive behavior, as diagnosed and measured by a qualified professional.
(c) The impairment in adaptive behavior must be directly related to the intellectual disability.
(d) Intellectual disability is synonymous with mental retardation.
(11) Intellectual functioning means functioning as assessed by one or more of the individually administered general intelligence tests developed for the purpose.
(12) Minor means an unmarried person under 18 years of age.
(13) Physician means a person licensed by the Oregon Medical Board to practice medicine and surgery.
(14) Productivity means engagement in income-producing work by a person with an intellectual disability or another developmental disability which is measured through improvements in income level, employment status or job advancement or engagement by a person with an intellectual disability or another developmental disability in work contributing to a household or community.
(15) Resident means a person admitted to a state training center either voluntarily or after commitment to the department.
(16) Significantly subaverage means a score on a test of intellectual functioning that is two or more standard deviations below the mean for the test.
(17) State training center means any facility that is an intermediate care facility for the mentally retarded as defined in 42 U.S.C. 1396d(d).
(18) Training means:
(a) The systematic, planned maintenance, development or enhancement of self-care, social or independent living skills; or
(b) The planned sequence of systematic interactions, activities, structured learning situations or education designed to meet each residents specified needs in the areas of physical, emotional, intellectual and social growth.
(19) Treatment means the provision of specific physical, mental, social interventions and therapies which halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. [1959 c.331 §10; 1961 c.706 §27; 1965 c.339 §1; subsection (2) enacted as 1965 c.595 §5; 1967 c.299 §1; 1979 c.683 §2; 1985 c.463 §1; 1985 c.565 §69; 1991 c.67 §111; 2001 c.900 §126; 2007 c.70 §215; 2009 c.828 §24; 2011 c.720 §§165,234]