2013 ORS § 427.300¹
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)(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 departments 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 departments 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]