2007 ORS 426.500¹
Powers and duties of Department of Human Services
  • rules

For the purpose of carrying out the policy and intent of ORS 426.490 (Policy) to 426.500 (Powers and duties of Department of Human Services), the Department of Human Services shall:

(1) Adopt rules for the administration of ORS 426.490 (Policy) to 426.500 (Powers and duties of Department of Human Services);

(2) Prepare a written discharge plan for each person with a chronic mental illness who is a patient at a state mental institution or who is committed to the department pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.223 (Retaking persons in custody of or committed to department) and 426.241 (Payment of care, custody and treatment costs) to 426.380 (Availability of writ of habeas corpus);

(3) Ensure that case managers are provided for each person with a chronic mental illness described in subsection (2) of this section; and

(4) Disburse from any available funds:

(a) Funds for one LINC model in the area served by F. H. Dammasch State Hospital and one LINC model in the area served by the Oregon State Hospital licensed under ORS 443.415 (License applications);

(b) Discretionary funds for services necessary to implement a discharge plan, including but not limited to transportation, medication, recreation and socialization; and

(c) Funds to provide day treatment services, community psychiatric inpatient services, and work activity services for persons with chronic mental illness when needed. [1979 c.784 §3; 1999 c.59 §121; 2007 c.70 §209]

Note: See note under 426.490 (Policy).

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commit­ment provides adequate procedural safeguards which satisfies the require­ments of due process and equal protec­tion. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commit­ment costs, (1979) Vol 40, p 147; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 448 (1979)


1 Legislative Counsel Committee, CHAPTER 426—Persons With Mental Illness; Sexually Dangerous Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­426.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 426, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­426ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.