ORS 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 (Determination by court of need for commitment) to the facility best able to treat and train the person. The authority of the department on such matters shall be final.

(2)

Intentionally left blank —Ed.

(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 parent, 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 (Legislative declaration of rights intended for residents) (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 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]

Source: Section 427.300 — Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

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
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