ORS 427.154¹
Individualized written service plan
  • requirements
  • rules

(1) Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability services.

(2) Developmental disability services shall be provided pursuant to an individualized 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 developmental disability services and the individual’s guardian or legal representative 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) Developmental disability services must complement the existing formal and informal supports, services, activities and purchases available to an individual.

(5) The department shall ensure that each individual and the individual’s guardian or legal representative has the opportunity to confirm satisfaction with the developmental disability services that the individual receives and to make changes in the services as necessary.

(6) The department shall ensure that all individuals receiving developmental disability services have an equal opportunity for job placements. A provider of developmental disability services that offers job placements may not give preference to an individual who is a resident of a facility owned or operated by the provider when determining eligibility for a job placement. The residence of an individual may not be the exclusive factor in determining eligibility for a job placement. [Formerly 427.402; 2019 c.276 §4]

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 Disabilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors427.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano427.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information