427.005
Definitions. As
used in this chapter:
(1) “Adaptive
behavior” means the effectiveness or degree with which an individual meets the
standards of personal independence and social responsibility expected for age
and cultural group.
(2) “Care” means:
(a) Supportive
services, including, but not limited to, provision of room and board;
(b) Supervision;
(c) Protection;
and
(d) Assistance in
bathing, dressing, grooming, eating, management of money, transportation or
recreation.
(3) “Community
developmental disabilities program director” means the director of a community
developmental disabilities program described in ORS 430.620 (1)(a) or (c).
(4) “Competitive
integrated employment” has the meaning given that term in 29 U.S.C. 705.
(5) “Developmental
disability” means autism, cerebral palsy, epilepsy or other condition diagnosed
by a qualified professional that:
(a) Originates
before an individual is 22 years of age and is expected to continue
indefinitely;
(b) Results in a
significant impairment in adaptive behavior as measured by a qualified
professional;
(c) Is not
attributed primarily to other conditions including, but not limited to, a
mental or emotional disorder, sensory impairment, substance abuse, personality
disorder, learning disability or attention deficit hyperactivity disorder; and
(d) Requires
supports similar to those required by an individual with an intellectual
disability.
(6) “Director of
the facility” means the person in charge of care, treatment and training
programs at a facility.
(7) “Facility”
means a group home, activity center, community mental health clinic or other
facility or program that the Department of Human Services approves to provide
necessary services to persons with intellectual or developmental disabilities.
(8) “Incapacitated”
means a person is unable, without assistance, to properly manage or take care
of personal affairs, including but not limited to financial and medical
decision-making, or is incapable, without assistance, of self-care.
(9) “Independence”
means the extent to which persons with intellectual or developmental
disabilities exert control and choice over their own lives.
(10) “Integration”
means:
(a) Use by
persons with intellectual or developmental disabilities of the same community
resources that are used by and available to other persons;
(b) Participation
by persons with intellectual or developmental disabilities in the same
community activities in which persons without disabilities participate,
together with regular contact with persons without disabilities; and
(c) Residence by
persons with intellectual or developmental disabilities in homes or in
home-like settings that are in proximity to community resources, together with
regular contact with persons without disabilities in their community.
(11)(a) “Intellectual
disability” means an intelligence quotient of 70 or below as measured by a
qualified professional and existing concurrently with significant impairment in
adaptive behavior, that is manifested before the individual is 18 years of age.
(b) An individual
with intelligence quotients of 71 through 75 may be considered to have an
intellectual disability if there is also significant impairment in adaptive
behavior, as diagnosed and measured by a qualified professional.
(c) The
impairment in adaptive behavior must be directly related to the intellectual
disability.
(12) “Minor”
means an unmarried person under 18 years of age.
(13) “Naturopathic
physician” has the meaning given the term in ORS 685.010.
(14) “Physician”
means a person licensed by the Oregon Medical Board to practice medicine and
surgery.
(15) “Service
coordination” means person-centered planning, case management, procuring,
coordinating and monitoring of services under an individualized support plan to
establish desired outcomes, determine needs and identify resources for a person
with intellectual or developmental disabilities and advocating for the person.
(16) “Training”
means:
(a) The
systematic, planned maintenance, development or enhancement of self-care,
social or independent living skills; or
(b) The planned
sequence of systematic interactions, activities, structured learning situations
or education designed to meet each person’s specified needs in the areas of
physical, emotional, intellectual and social growth.
(17) “Treatment”
means the provision of specific physical, mental, social interventions and
therapies that halt, control or reverse processes that cause, aggravate or
complicate malfunctions or dysfunctions. [1959 c.331 §10; 1961 c.706 §27; 1965
c.339 §1; subsection (2) enacted as 1965 c.595 §5; 1967 c.299 §1; 1979 c.683 §2;
1985 c.463 §1; 1985 c.565 §69; 1991 c.67 §111; 2001 c.900 §126; 2007 c.70 §215;
2009 c.828 §24; 2011 c.720 §§165,234; 2013 c.36 §3; 2017 c.356 §49; 2019 c.455 §7;
2021 c.192 §3; 2025 c.228 §1]
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1981–2024 · leading case:
State v. A. B. K., 522 P.3d 894 (Or. Ct. App. 2022).
State v. A. B. K., 522 P.3d 894 (Or. Ct. App. 2022).
· cites it 5× “The term ‘mental illness’ does not include a disorder constituting solely a personality disorder and excludes a diagnosis of an intellectual disability or developmen- tal disability as defined in ORS 427.005.” 3 ORS 427.290 provides, in part: “After hearing all of the evidence,…”
Baumgarner v. Cmty. Servs. Inc., 992 F. Supp. 2d 1081 (D. Or. 2014).
· cites it 6× “nonprofit facility as defined in ORS 427.005, organized and existing under ORS chapter 65, that receives more than 50 percent of its funding from the state or a political subdivision of the state for the purpose of providing residential or vocational services to individuals with…”
State v. H. L. C., 507 P.3d 346 (Or. Ct. App. 2022).
· cites it 3× “702, exclude from the definition of mental disorder “a diagnosis of intellec- tual disability or developmental disability as defined in ORS 427.005.” OAR 859- 200-0020(10), (11) (current rule defining “qualifying mental disorder” and “men- tal illness”); see also OAR…”
Hall v. State, 109 So. 3d 704 (Fla. 2012).
“2010); Oregon, see Or.Rev.Stat. Ann. § 427.005(10)(b) (2012); and Tennessee, see Coleman v.”
State v. R. L. W., 341 P.3d 845 (Or. Ct. App. 2014).
“290, “intellectual disability” is defined by ORS 427.005(10), which provides: “(a) ‘Intellectual disability’ means significantly sub-average general intellectual functioning, defined as intelligence quotients under 70 as measured by a qualified professional and existing…”
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
· cites it 4× “This is the first appeal brought under Oregon’s newly revised mental retardation commitment statute, ORS 427.005 et seq. (Oregon Laws 1979, c.”
State v. M. M. -B., 549 P.3d 600 (Or. Ct. App. 2024).
“See ORS 427.005 - 427.900 (regarding intellectual-disabil- ity commitments).”
State v. Neal, 946 P.2d 367 (Or. Ct. App. 1997).
“ORS 427.005(12); ORS 427.290. When a petition for commitment or recommitment is from a state training center, the training center is required to investigate and report to the court concerning the alleged need for commitment.”
State v. J. W., 458 P.3d 1137 (Or. Ct. App. 2020).
· cites it 4× “Appellant appeals the judgment of commitment, argu- ing that the evidence presented at his commitment hearing was insufficient to establish that he has an intellectual disability as defined in ORS 427.005(10). The state contends that the evidence was sufficient.”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
· cites it 4× “” The legislature amended various parts of ORS 427.005 to 427.400 in 2013. See Or Laws 2013, ch 36, §§ 3 -15.”
State v. F. L. O. (In re F. L. O.), 432 P.3d 395 (Or. Ct. App. 2019).
“Appellant argues, in a single assignment of error, that the record lacks clear and convincing evidence of an intellectual disability under ORS 427.005(10), which defines "intellectual disability" as "significantly subaverage general intellectual functioning, defined as…”
State v. W. M. (In re W. M.), 446 P.3d 579 (Or. Ct. App. 2019).
“215 ; ORS 427.005(10). The state concedes that the record does not include clear and convincing evidence that appellant's intellectual disability caused him to be a danger to others at the time of the commitment hearing.”
— Or. Rev. Stat. § 427.005(1) — 1 case
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
“This is the first appeal brought under Oregon’s newly revised mental retardation commitment statute, ORS 427.005 et seq. (Oregon Laws 1979, c.”
— Or. Rev. Stat. § 427.005(10) — 6 cases
State v. R. L. W., 341 P.3d 845 (Or. Ct. App. 2014).
“290, “intellectual disability” is defined by ORS 427.005(10), which provides: “(a) ‘Intellectual disability’ means significantly sub-average general intellectual functioning, defined as intelligence quotients under 70 as measured by a qualified professional and existing…”
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
“This is the first appeal brought under Oregon’s newly revised mental retardation commitment statute, ORS 427.005 et seq. (Oregon Laws 1979, c.”
State v. J. W., 458 P.3d 1137 (Or. Ct. App. 2020).
“Appellant appeals the judgment of commitment, argu- ing that the evidence presented at his commitment hearing was insufficient to establish that he has an intellectual disability as defined in ORS 427.005(10). The state contends that the evidence was sufficient.”
State v. F. L. O. (In re F. L. O.), 432 P.3d 395 (Or. Ct. App. 2019).
“Appellant argues, in a single assignment of error, that the record lacks clear and convincing evidence of an intellectual disability under ORS 427.005(10), which defines "intellectual disability" as "significantly subaverage general intellectual functioning, defined as…”
State v. W. M. (In re W. M.), 446 P.3d 579 (Or. Ct. App. 2019).
“215 ; ORS 427.005(10). The state concedes that the record does not include clear and convincing evidence that appellant's intellectual disability caused him to be a danger to others at the time of the commitment hearing.”
— Or. Rev. Stat. § 427.005(10)(a) — 2 cases
State v. H. L. C., 507 P.3d 346 (Or. Ct. App. 2022).
“702, exclude from the definition of mental disorder “a diagnosis of intellec- tual disability or developmental disability as defined in ORS 427.005.” OAR 859- 200-0020(10), (11) (current rule defining “qualifying mental disorder” and “men- tal illness”); see also OAR…”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“” The legislature amended various parts of ORS 427.005 to 427.400 in 2013. See Or Laws 2013, ch 36, §§ 3 -15.”
— Or. Rev. Stat. § 427.005(10)(b) — 1 case
Hall v. State, 109 So. 3d 704 (Fla. 2012).
“2010); Oregon, see Or.Rev.Stat. Ann. § 427.005(10)(b) (2012); and Tennessee, see Coleman v.”
— Or. Rev. Stat. § 427.005(12) — 1 case
State v. Neal, 946 P.2d 367 (Or. Ct. App. 1997).
“ORS 427.005(12); ORS 427.290. When a petition for commitment or recommitment is from a state training center, the training center is required to investigate and report to the court concerning the alleged need for commitment.”
— Or. Rev. Stat. § 427.005(14) — 1 case
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
“This is the first appeal brought under Oregon’s newly revised mental retardation commitment statute, ORS 427.005 et seq. (Oregon Laws 1979, c.”
— Or. Rev. Stat. § 427.005(4)(c) — 1 case
State v. A. B. K., 522 P.3d 894 (Or. Ct. App. 2022).
“The term ‘mental illness’ does not include a disorder constituting solely a personality disorder and excludes a diagnosis of an intellectual disability or developmen- tal disability as defined in ORS 427.005.” 3 ORS 427.290 provides, in part: “After hearing all of the evidence,…”
— Or. Rev. Stat. § 427.005(6) — 2 cases
Baumgarner v. Cmty. Servs. Inc., 992 F. Supp. 2d 1081 (D. Or. 2014).
“nonprofit facility as defined in ORS 427.005, organized and existing under ORS chapter 65, that receives more than 50 percent of its funding from the state or a political subdivision of the state for the purpose of providing residential or vocational services to individuals with…”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“” The legislature amended various parts of ORS 427.005 to 427.400 in 2013. See Or Laws 2013, ch 36, §§ 3 -15.”
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