(2)(a) At any time, for good cause and in the best interest of the person, the department may decide to transfer the person from one facility to another or discharge the person as no longer in need of residential care, treatment or training.
(b) At least 30 days prior to the transfer or discharge, the department shall notify, by regular mail, the person and the parent, guardian or other individual entitled to custody of the person of the decision to transfer or discharge. The notice must inform the person of the right to appeal the department’s decision to transfer or discharge. In the case of a medical emergency, the department is not required to give 30 days’ notice but shall give the notice as soon as possible under the circumstances. The department shall define "medical emergency" by rule, including but not limited to an increase in the level of needed care or the person engaging in a behavior that poses an imminent danger to self or others.
(c) Except in a medical emergency, the person has the right to an administrative hearing prior to an involuntary transfer or discharge. ORS 441.605 (4) and the department’s rules governing transfer notices and hearings for residents of long term care facilities apply to a transfer or discharge under this section. If the person is being transferred or discharged for a medical emergency, the hearing must be held no later than seven days after the transfer or discharge. The department shall maintain a space in the facility for the person pending the administrative order.
(3) The department, pursuant to its rules, may delegate to a community developmental disabilities program director the responsibility for assignment of persons with intellectual disabilities to suitable facilities or transfer between such facilities under conditions that the department may define. [1979 c.683 §25; 2009 c.595 §447; 2011 c.658 §23; 2013 c.36 §11]
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.