2017 ORS 427.154¹
Individualized written service plan
  • requirements
  • rules

(1) Support services for adults are intended to meet the needs of adults with developmental disabilities and to prevent or delay their need for comprehensive services. The Department of Human Services shall establish by rule the application and eligibility determination processes for support services for adults.

(2) Support services for adults shall be provided through a support service brokerage and pursuant to an individualized written service plan that is developed and reassessed at least annually using a person-centered planning process.

(3) The department shall ensure that each individual receiving support services for adults has an active role in choosing the services, activities and purchases that will best meet the individual’s needs and preferences and to express those choices verbally, using sign language or by other appropriate methods of communication.

(4) The services, activities and purchases available as support services for adults include, but are not limited to:

(a) Community living and inclusion supports that facilitate independence and promote community integration by supporting the individual to live as independently as possible;

(b) Employment services;

(c) Environmental accessibility adaptations;

(d) Specialized supports; and

(e) Specialized medical equipment and supplies.

(5) Support services for adults must complement the existing formal and informal supports, services, activities and purchases available to an adult living in the adult’s own home or the home of the adult’s family.

(6) The department shall ensure that each individual has the opportunity to confirm satisfaction with the support services for adults that the individual receives and to makes changes in the services as necessary.

(7) The department shall ensure that all adults with developmental disabilities receiving comprehensive services have an equal opportunity for job placements. A provider of developmental disability services that offers job placements may not give preference to an adult with disabilities who is a resident of a facility owned or operated by the provider when determining eligibility for a job placement. The residence of an adult with developmental disabilities may not be the exclusive factor in determining eligibility for a job placement. [Formerly 427.402]

Chapter 427

Notes of Decisions

Former commit­ment pro­vi­sions of this chapter were constitu­tional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commit­ment pro­ceed­ing is not crim­i­nal matter, principle of double jeopardy has no applica­tion. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemp­tion of the Oregon Revised Statutes by the pro­vi­sions of the Interstate Compact, (1973) Vol 36, p 297; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 439 (1979)

1 Legislative Counsel Committee, CHAPTER 427—Persons With Intellectual or Developmental Disabilitie, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors427.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano427.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.