(1) If the person can give informed consent and is willing and able to participate in treatment and training on a voluntary basis, and the court finds that the person will do so, the court shall order release of the person and dismiss the case.
(2) If a relative, a friend or legal guardian of the person requests that the relative, friend or legal guardian be allowed to care for the person for a period of one year in a place satisfactory to the court and shows that the relative, friend or legal guardian is able to care for the person and that there are adequate financial resources available for the care of the person, the court may commit the person and order that the person be conditionally released and placed in the care and custody of the relative, friend or legal guardian. The order may be revoked and the person committed to the Department of Human Services for the balance of the year whenever, in the opinion of the court, it is in the best interest of the person.
(3) If in the opinion of the court voluntary treatment and training or conditional release is not in the best interest of the person, the court may order the commitment of the person to the department for care, treatment or training. The commitment shall be for a period not to exceed one year with provisions for continuing commitment pursuant to ORS 427.235 to 427.290.
(4) If in the opinion of the court the person may be incapacitated, the court may appoint a legal guardian or conservator pursuant to ORS chapter 125. The appointment of a guardian or conservator shall be a separate order from the order of commitment. [1979 c.683 §24; 1995 c.664 §97; 2011 c.658 §21; 2013 c.36 §9]
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.