ORS 427.235
Notice to court of need for commitment

  • investigation
  • report and recommendation

(1)

Any two persons may notify the court having probate jurisdiction for the county or the circuit court, if it is not the probate court but its jurisdiction has been extended to include commitment of a person with an intellectual disability under ORS 3.275 (Procedure for transfer of jurisdiction over certain family-related matters), that a person within the county has an intellectual disability and is in need of commitment for residential care, treatment and training. Such notice shall be in writing and sworn to before an officer qualified to administer an oath and shall set forth the facts sufficient to show the need for investigation. The circuit court shall forward notice to the community developmental disabilities program director in the county if it finds the notice sufficient to show the need for investigation. The director or the designee of the director shall immediately investigate to determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training.

(2)

Any person who acts in good faith shall not be held civilly liable for making of the notification under subsection (1) of this section.

(3)

Any investigation conducted by the community developmental disabilities program director or the designee of the director under subsection (1) of this section shall commence with an interview or examination of the person alleged to have an intellectual disability, where possible, in the home of the person or other place familiar to the person. Further investigation if warranted shall include a diagnostic evaluation as described in ORS 427.105 (Diagnostic evaluations) and may also include interviews with the person’s relatives, neighbors, teachers and physician or naturopathic physician. The investigation shall also determine if any alternatives to commitment are available. The investigator shall also determine and recommend to the court whether the person is incapacitated and in need of a guardian or conservator.

(4)

The investigation report shall be submitted to the court within 30 days of receipt of notice from the court. A copy of the investigation report and diagnostic evaluation, if any, shall also be made available to the Department of Human Services and to the person alleged to have an intellectual disability and, if the person is a minor or incapacitated, to the parents or guardian of the person as soon as possible after its completion but in any case prior to a hearing held under ORS 427.245 (Hearing).

(5)

Any person conducting an evaluation or investigation under this section shall in no way be held civilly liable for conducting the investigation or performing the diagnostic evaluation.

(6)

If requested by a person conducting an investigation under this section, a physician or naturopathic physician who has examined the person alleged to have an intellectual disability may, with patient authorization or in response to a court order, provide any relevant information the physician or naturopathic physician has regarding the person alleged to have an intellectual disability. [1979 c.683 §17; 2003 c.89 §4; 2009 c.595 §442; 2011 c.658 §13; 2013 c.36 §8; 2017 c.356 §50]

Source: Section 427.235 — Notice to court of need for commitment; investigation; report and recommendation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

Notes of Decisions

Circuit court in county in which juvenile resides has jurisdiction over juvenile for civil commitment purposes. Children’s Services Div. v. West, 79 Or App 484, 719 P2d 904 (1986)

Where mental health investigator conducted interviews pursuant to this section and interviews indicated that appellant may have intellectual disability and required commitment, further investigation was warranted and investigator was required to perform diagnostic evaluation that complied with ORS 427.105. State v. R.E.G., 275 Or App 239, 364 P3d 733 (2015)

427.005
Definitions 427.007
Policy 427.101
Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664 427.104
Developmental disability services 427.105
Diagnostic evaluations 427.107
Rights of persons receiving developmental disability services 427.109
Complaint procedures 427.115
Assessment of service needs and determination of service rate 427.121
Choice of community living setting 427.154
Individualized service plan 427.163
Application of savings generated by support service brokerages 427.215
Need for commitment 427.235
Notice to court of need for commitment 427.245
Hearing 427.255
Detention prior to investigation or hearing 427.265
Court to advise person of nature of proceeding and rights 427.270
Report of diagnostic evaluation 427.275
Fees of persons appointed by court to perform diagnostic evaluations 427.280
Treatment given after citation issued 427.285
Witnesses required at hearing 427.290
Determination by court of need for commitment 427.293
Disclosure of record of proceeding 427.295
Appeal of commitment order 427.300
Assignment to appropriate facility 427.306
Confinement of committed persons with intellectual disabilities in least restrictive setting 427.330
Definitions for ORS 427.330 to 427.340 427.335
Authority of department to develop community housing 427.340
Developmental Disabilities Community Housing Fund 427.347
Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation 427.348
Appointment of advisory committee 427.401
Oregon Human Rights Commission established 427.403
Commission to establish statewide regional advisory committee 427.900
Authority of Department of Human Services to impose civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 427.235’s source at oregon​.gov