2011 ORS § 427.020¹
Review of plan of care for residents
  • certification for continued care and training
  • notice to resident

(1) State training centers shall annually review the plan of care for each resident and certify the residents eligibility and need for continued residential care and training and shall present each certification with clear and convincing justification for continued residential care and training to the State Training Center Review Board for review and action pursuant to this section. If the board does not approve of the certification or, if the resident objects to continued residential care and training, the resident shall be released pursuant to ORS 427.300 (Assignment to appropriate facility) or, if the Department of Human Services considers release not to be in the best interest of the resident, the superintendent of the state training center where the person is a resident shall initiate commitment proceedings pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of need for commitment). The board may require the physical presence of any resident during the review. However, the board shall require the physical presence of each resident at least once every three years of residence in a state training center.

(2) The plan of care for each resident shall include, but not be limited to, the following:

(a) Current diagnosis;

(b) Level of functioning;

(c) Current habilitation and health programs in which the resident is participating;

(d) Statement as to continued eligibility and continued need for residential care;

(e) Statement of long-term and short-term goals for the resident; and

(f) Verification that the person has been advised of the facilitys statement of rights and the policies governing the immediate living area of the person.

(3) The state training center shall notify the resident orally. In addition, the resident, the residents parent, guardian or person entitled to custody shall be notified by certified mail of the intent to certify the need for the residents continued commitment. The notification shall include the following:

(a) Time, place and location of the hearing of the State Training Center Review Board;

(b) Explanation of the possible consequences of the proceedings; and

(c) Explanation of the residents right to appear before the board on the residents own behalf or to be represented at the proceeding by the residents parent, guardian, the person entitled to custody or other person, including counsel, of the residents choosing.

(4) In the event the resident, because of severe disability, is unable to receive and acknowledge the communication required by subsection (3) of this section, that fact shall be documented in the residents record and conveyed to the board. [1979 c.683 §28; 2011 c.658 §7]