(2) Upon a determination under subsection (1) of this section that probable cause exists to believe that the person has an intellectual disability and is in need of commitment for residential care, treatment and training, the court shall cause a citation to issue to the person or, if the person is a minor or incapacitated, to the parent or legal guardian of the person. The citation shall state the specific reasons the person is believed to be in need of commitment for residential care, treatment and training. The citation shall also contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, the right to have legal counsel appointed immediately if so requested, the right to subpoena witnesses in behalf of the person to testify at the hearing, the right to cross-examine all witnesses and such other information as the court may direct. The citation shall be served on the person by the community developmental disabilities program director or the designee of the director delivering a duly certified copy of the original to the person prior to the hearing. The person, the parents of the person or the legal guardian of the person shall have the opportunity to consult with legal counsel prior to being brought before the court. The community developmental disabilities program director or the designee of the director shall advise the person of the purpose of the citation and the possible consequences of the proceeding. [1979 c.683 §18; 1989 c.242 §1; 2009 c.595 §443; 2011 c.658 §14]
Structure 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 427.293 - Disclosure of record of proceeding.
Section 427.330 - Definitions for ORS 427.330 to 427.340.
Section 427.340 - Developmental Disabilities Community Housing Fund.
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.