(a) Choose from available services those that are appropriate, consistent with the plan developed in accordance with paragraphs (b) and (c) of this subsection and provided in a setting and under conditions that are least restrictive to the person’s liberty, that are least intrusive to the person and that provide for the greatest degree of independence.
(b) An individualized service plan, services based upon that plan and periodic review and reassessment of service needs.
(c) Ongoing participation in planning of services in a manner appropriate to the person’s capabilities, including the right to participate in the development and periodic revision of the plan described in paragraph (b) of this subsection, and the right to be provided with a reasonable explanation of all service considerations.
(d) Not receive services without informed voluntary written consent except in a medical emergency or as otherwise permitted by law.
(e) Not participate in experimentation without informed voluntary written consent.
(f) Receive medication only for the person’s individual clinical needs.
(g) Not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services and exercise of a grievance procedure.
(h) A humane service environment that affords reasonable protection from harm, reasonable privacy and daily access to fresh air and the outdoors, except that such access may be limited when it would create significant risk of harm to the person or others.
(i) Be free from abuse or neglect and to report any incident of abuse without being subject to retaliation.
(j) Religious freedom.
(k) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation.
(L) Visit with family members, friends, advocates and legal and medical professionals.
(m) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Oregon Health Authority.
(n) Be informed at the start of services and periodically thereafter of the rights guaranteed by this section and the procedures for reporting abuse, and to have these rights and procedures, including the name, address and telephone number of the system described in ORS 192.517 (1), prominently posted in a location readily accessible to the person and made available to the person’s guardian and any representative designated by the person.
(o) Assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure.
(p) Have access to and communicate privately with any public or private rights protection organization or rights advocate.
(q) Exercise all rights described in this section without any form of reprisal or punishment.
(2) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents.
(3) The rights described in this section may be asserted and exercised by the person, the person’s guardian and any representative designated by the person.
(4) Nothing in this section may be construed to alter any legal rights and responsibilities between parent and child. [1993 c.96 §3; 2005 c.550 §1; 2007 c.57 §2; 2009 c.595 §471; 2011 c.720 §168; 2013 c.36 §27; 2019 c.236 §2; 2021 c.97 §47]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.010 - Definitions.
Section 430.050 - Mental Health Advisory Board; Disability Issues Advisory Committee; rules.
Section 430.071 - Policy to support and promote self-determination.
Section 430.073 - Consumer Advisory Council.
Section 430.140 - Federal grants for promoting mental health.
Section 430.197 - Mental Health Services Fund.
Section 430.205 - Definitions for ORS 430.205 and 430.210.
Section 430.210 - Rights of persons receiving mental health services.
Section 430.212 - Reconnection of family members to individual with developmental disability; rules.
Section 430.216 - Report to Legislative Assembly.
Section 430.220 - Director; appointment; powers and duties.
Section 430.221 - Commission members; terms; subcommittees.
Section 430.223 - Comprehensive addiction, prevention, treatment and recovery plan; rules.
Section 430.230 - Definitions.
Section 430.235 - Grant Review Committee; approval and distribution of grants.
Section 430.236 - Establishment of quality improvement subcommittee; statewide data tracking.
Section 430.243 - Grants to coordinated care organizations authorized.
Section 430.254 - Goal of treatment programs for persons with substance use disorders.
Section 430.262 - Registration of sobering facilities; fees prohibited.
Section 430.270 - Publicizing effects of alcohol and drugs.
Section 430.272 - Educational resources on risks of inhalant use.
Section 430.275 - Oregon Health Authority to provide funding for peer respite centers; rules.
Section 430.306 - Definitions.
Section 430.338 - Purposes of laws related to alcoholism.
Section 430.342 - Local planning committees; duties; members.
Section 430.347 - Definitions for ORS 430.345 to 430.380.
Section 430.350 - Assistance and recommendation of local planning committee.
Section 430.357 - Minimum standards; rules.
Section 430.358 - Opioid treatment center required to accept Medicare payments.
Section 430.359 - Funding of services.
Section 430.362 - Application requirements for priority consideration.
Section 430.364 - Consideration given requests for priority.
Section 430.366 - Requirements for service proposals and data reporting.
Section 430.368 - Appeal and review of funding requests; conclusiveness of review.
Section 430.370 - County contracts for services; joint county-city operation.
Section 430.380 - Mental Health Alcoholism and Drug Services Account; uses.
Section 430.383 - Findings and policy.
Section 430.384 - Drug Treatment and Recovery Services Fund established.
Section 430.386 - Moneys in fund not to replace current funding for programs and services.
Section 430.387 - Distribution of moneys in fund.
Section 430.388 - Oversight and Accountability Council.
Section 430.390 - Administration of grants; rules.
Section 430.391 - Behavioral Health Resource Network statewide telephone hotline.
Section 430.393 - Report to Legislative Assembly.
Section 430.397 - Voluntary admission of person to treatment facility; notice to parent or guardian.
Section 430.420 - Integration of drug treatment services into criminal justice system; plans.
Section 430.422 - Drug Prevention and Education Fund.
Section 430.424 - Distribution of funds; funding criteria.
Section 430.426 - Rules; acceptance of gifts, grants and donations.
Section 430.450 - Definitions for ORS 430.450 to 430.555.
Section 430.455 - Information to arrested person believed to have substance use disorder.
Section 430.470 - Notice of right to evaluation if not given at time of arrest.
Section 430.490 - Diversion plan for defendant; participation as condition of probation or parole.
Section 430.495 - Content of diversion plan; duration.
Section 430.500 - Dismissal of charges.
Section 430.535 - Requirement to develop bilingual forms.
Section 430.540 - Designation of and standards for evaluation sites.
Section 430.545 - Procedures at evaluation sites; administration of antagonist drugs.
Section 430.572 - Internet access to providers of opiate use disorder treatment.
Section 430.573 - Statewide capacity to provide opiate use disorder treatment.
Section 430.590 - Regulation of location of methadone clinic; enforcement.
Section 430.610 - Legislative policy.
Section 430.626 - Definitions.
Section 430.627 - Statewide coordinated crisis system; rules.
Section 430.629 - Planning and ongoing oversight of services.
Section 430.631 - Local advisory committees.
Section 430.634 - Evaluation of programs; population schedule for distributing funds.
Section 430.638 - Immunity from civil liability for reliance on certificate of approval.
Section 430.641 - Behavioral Health Housing Incentive Fund established.
Section 430.643 - Disbursement of moneys in fund.
Section 430.644 - Priorities for services provided by community mental health programs.
Section 430.646 - Priorities for services for persons with mental or emotional disturbances.
Section 430.648 - Funding distribution formula; matching funds; administrative expenses.
Section 430.651 - Use of population data in funding formula.
Section 430.673 - Mediation; retaliation prohibited; action for damages; attorney fees; rules.
Section 430.705 - Mental health services for children.
Section 430.708 - Priority for preventive services for children.
Section 430.731 - Uniform investigation procedures; rules.
Section 430.735 - Definitions for ORS 430.735 to 430.765.
Section 430.737 - Mandatory reports and investigations.
Section 430.738 - Privileges not applicable to abuse proceedings.
Section 430.739 - County multidisciplinary teams; protocols; reports.
Section 430.745 - Investigation of abuse; notice to medical examiners; findings; recommendations.
Section 430.746 - Training requirements for persons investigating reports of alleged abuse.
Section 430.747 - Photographs of victim during investigation; exception; photographs as records.
Section 430.753 - Immunity of persons making reports in good faith; confidentiality.
Section 430.755 - Retaliation prohibited; liability for retaliation.
Section 430.756 - Immunity of employer reporting abuse by employee.
Section 430.757 - Reports of abuse to be maintained by Department of Human Services.
Section 430.763 - Confidentiality of records; when record may be made available to agency.
Section 430.768 - Claims of self-defense addressed in certain reports of abuse; review teams; rules.
Section 430.850 - Treatment program; eligibility.
Section 430.860 - Participation in program; report to court.
Section 430.880 - Gifts, grants or services.
Section 430.955 - Standardized screening instrument; assessing drug use during pregnancy.