2021 Oregon Revised Statutes
Chapter 427 - Persons With Intellectual or Developmental Disabilities
Section 427.265 - Court to advise person of nature of proceeding and rights; appointment of legal counsel.


(2) If no request for legal counsel is made, the court shall appoint suitable legal counsel.
(3) If the person is unable to afford legal counsel, the court, if the matter is before a county or justice court, or the public defense services executive director, if the matter is before the circuit court, shall determine and allow, as provided in ORS 135.055, the reasonable expenses of the person and compensation for legal counsel. The expenses and compensation so allowed by a county court shall be paid by the county of residence of the person. The expenses and compensation determined by the public defense services executive director shall be paid by the public defense services executive director from funds available for the purpose. In all cases legal counsel shall be present at the hearing and may examine all witnesses offering testimony, and otherwise represent the person.
(4) The court may, for good cause, postpone the hearing for not more than 72 hours to allow preparation for the hearing and order the continuation of detention authorized under ORS 427.255 during a postponement, if requested by the person, the legal counsel, parent or guardian of the person, an examiner or on the court’s own motion. [1979 c.683 §20; 1979 c.867 §13; 1981 s.s. c.3 §135; 2001 c.962 §71; 2011 c.658 §16]

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.