2017 ORS 441.373¹
Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime

(1) As used in this section:

(a) “Adult foster home” has the meaning given that term in ORS 443.705 (Definitions for ORS 443.705 to 443.825).

(b) “Area agency” has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619).

(c) “Long term care facility” has the meaning given that term in ORS 442.015 (Definitions).

(d) “Move from a long term care facility” has the meaning given that term in ORS 441.357 (Definitions for ORS 441.357 to 441.367).

(e) “Residential care facility” has the meaning given that term in ORS 443.400 (Definitions for ORS 443.400 to 443.455).

(2) If the Department of Human Services or an area agency knows that a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), is applying for admission to an adult foster home, a long term care facility or a residential care facility, the department or area agency shall notify the home or facility of the person’s status as a sex offender.

(3) When a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), applies for admission to an adult foster home, a long term care facility or a residential care facility, the person shall notify the home or facility of the person’s status as a sex offender.

(4) An adult foster home, a long term care facility or a residential care facility may refuse admission to a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(5)(a) An adult foster home may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

(A) The home was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235);

(B) The home learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235); and

(C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

(b) The home shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the home transfers or discharges the resident.

(6) Notwithstanding ORS 441.362 (Notice by Department of Human Services prior to move or termination) and 441.605 (Legislative declaration of rights intended for residents) (4), the department may move a resident from a long term care facility without providing 30 days’ written notice to the resident if the department or area agency learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235). The department shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the department moves the resident.

(7)(a) Notwithstanding ORS 441.605 (Legislative declaration of rights intended for residents) (4), a long term care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

(A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235);

(B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235); and

(C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

(b) The facility shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident.

(8)(a) A residential care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

(A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235);

(B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235); and

(C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

(b) The facility shall give the resident a copy of a written notice containing information about the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident.

(9) If a resident requests a hearing under subsection (5), (6), (7) or (8) of this section, the hearing must be held within five business days of the move, transfer or discharge of the resident.

(10) The department shall establish the criteria required by subsections (5)(a)(C), (7)(a)(C) and (8)(a)(C) of this section so that application of the criteria results in the identification of only those persons who present a current risk of harm to another person within the home or facility. [2005 c.671 §13; 2014 c.104 §7]

Note: 441.373 (Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­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.