2021 Oregon Revised Statutes
Chapter 427 - Persons With Intellectual or Developmental Disabilities
Section 427.005 - Definitions.


(1) "Adaptive behavior" means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group.
(2) "Care" means:
(a) Supportive services, including, but not limited to, provision of room and board;
(b) Supervision;
(c) Protection; and
(d) Assistance in bathing, dressing, grooming, eating, management of money, transportation or recreation.
(3) "Community developmental disabilities program director" means the director of a community developmental disabilities program described in ORS 430.620 (1)(a) or (c).
(4) "Developmental disability" means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:
(a) Originates before an individual is 22 years of age and is expected to continue indefinitely;
(b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;
(c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and
(d) Requires supports similar to those required by an individual with an intellectual disability.
(5) "Director of the facility" means the person in charge of care, treatment and training programs at a facility.
(6) "Facility" means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities.
(7) "Incapacitated" means a person is unable, without assistance, to properly manage or take care of personal affairs, including but not limited to financial and medical decision-making, or is incapable, without assistance, of self-care.
(8) "Independence" means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives.
(9) "Integration" means:
(a) Use by persons with intellectual disabilities or other developmental disabilities of the same community resources that are used by and available to other persons;
(b) Participation by persons with intellectual disabilities or other developmental disabilities in the same community activities in which persons without disabilities participate, together with regular contact with persons without disabilities; and
(c) Residence by persons with intellectual disabilities or other developmental disabilities in homes or in home-like settings that are in proximity to community resources, together with regular contact with persons without disabilities in their community.
(10)(a) "Intellectual disability" means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age.
(b) An individual with intelligence quotients of 71 through 75 may be considered to have an intellectual disability if there is also significant impairment in adaptive behavior, as diagnosed and measured by a qualified professional.
(c) The impairment in adaptive behavior must be directly related to the intellectual disability.
(11) "Minor" means an unmarried person under 18 years of age.
(12) "Naturopathic physician" has the meaning given the term in ORS 685.010.
(13) "Physician" means a person licensed by the Oregon Medical Board to practice medicine and surgery.
(14) "Productivity" means regular engagement in income-producing work, preferably competitive employment with supports and accommodations to the extent necessary, by a person with an intellectual disability or another developmental disability which is measured through improvements in income level, employment status or job advancement or engagement by a person with an intellectual disability or another developmental disability in work contributing to a household or community.
(15) "Service coordination" means person-centered planning, case management, procuring, coordinating and monitoring of services under an individualized support plan to establish desired outcomes, determine needs and identify resources for a person with developmental disabilities and advocating for the person.
(16) "Training" means:
(a) The systematic, planned maintenance, development or enhancement of self-care, social or independent living skills; or
(b) The planned sequence of systematic interactions, activities, structured learning situations or education designed to meet each person’s specified needs in the areas of physical, emotional, intellectual and social growth.
(17) "Treatment" means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. [1959 c.331 §10; 1961 c.706 §27; 1965 c.339 §1; subsection (2) enacted as 1965 c.595 §5; 1967 c.299 §1; 1979 c.683 §2; 1985 c.463 §1; 1985 c.565 §69; 1991 c.67 §111; 2001 c.900 §126; 2007 c.70 §215; 2009 c.828 §24; 2011 c.720 §§165,234; 2013 c.36 §3; 2017 c.356 §49; 2019 c.455 §7; 2021 c.192 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 427 - Persons With Intellectual or Developmental Disabilities

Section 427.005 - Definitions.

Section 427.007 - Policy; Department of Human Services to facilitate community-based services.

Section 427.101 - Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664.

Section 427.104 - Developmental disability services; rules.

Section 427.105 - Diagnostic evaluations; contents; purpose; rules.

Section 427.107 - Rights of persons receiving developmental disability services; rules.

Section 427.109 - Complaint procedures.

Section 427.115 - Assessment of service needs and determination of service rate; rules.

Section 427.121 - Choice of community living setting.

Section 427.154 - Individualized service plan; requirements; rules.

Section 427.215 - Need for commitment.

Section 427.235 - Notice to court of need for commitment; investigation; report and recommendation.

Section 427.245 - Hearing; citation to appear; notice; right to legal counsel.

Section 427.255 - Detention prior to investigation or hearing; care and maintenance while under custody.

Section 427.265 - Court to advise person of nature of proceeding and rights; appointment of legal counsel.

Section 427.270 - Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination.

Section 427.275 - Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs.

Section 427.290 - Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator.

Section 427.293 - Disclosure of record of proceeding.

Section 427.300 - Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing.

Section 427.306 - Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required.

Section 427.330 - Definitions for ORS 427.330 to 427.340.

Section 427.335 - Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers.

Section 427.340 - Developmental Disabilities Community Housing Fund.

Section 427.347 - Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation.

Section 427.348 - Appointment of advisory committee.

Section 427.401 - Oregon Human Rights Commission established; membership; rules.

Section 427.900 - Authority of Department of Human Services to impose civil penalties; rules.