427.235 Notice
to court of need for commitment; investigation; report and recommendation. (1) Any two persons may notify the
court having probate jurisdiction for the county or the circuit court, if it is
not the probate court but its jurisdiction has been extended to include
commitment of a person with an intellectual disability under ORS 3.275, that a
person within the county has an intellectual disability and is in need of
commitment for residential care, treatment and training. Such notice shall be
in writing and sworn to before an officer qualified to administer an oath and
shall set forth the facts sufficient to show the need for investigation. The
circuit court shall forward notice to the community developmental disabilities
program director in the county if it finds the notice sufficient to show the
need for investigation. The director or the designee of the director shall
immediately investigate to determine whether the person has an intellectual
disability and is in need of commitment for residential care, treatment and
training.
(2) Any person
who acts in good faith shall not be held civilly liable for making of the
notification under subsection (1) of this section.
(3) Any
investigation conducted by the community developmental disabilities program
director or the designee of the director under subsection (1) of this section
shall commence with an interview or examination of the person alleged to have
an intellectual disability, where possible, in the home of the person or other
place familiar to the person. Further investigation if warranted shall include
a diagnostic evaluation as described in ORS 427.105 and may also include
interviews with the person’s relatives, neighbors, teachers and physician or
naturopathic physician. The investigation shall also determine if any
alternatives to commitment are available. The investigator shall also determine
and recommend to the court whether the person is incapacitated and in need of a
guardian or conservator.
(4) The
investigation report shall be submitted to the court within 30 days of receipt
of notice from the court. A copy of the investigation report and diagnostic
evaluation, if any, shall also be made available to the Department of Human
Services and to the person alleged to have an intellectual disability and, if
the person is incapacitated, to the guardian of the person as soon as possible
after its completion but in any case prior to a hearing held under ORS 427.245.
(5) Any person
conducting an evaluation or investigation under this section shall in no way be
held civilly liable for conducting the investigation or performing the
diagnostic evaluation.
(6) If requested
by a person conducting an investigation under this section, a physician or
naturopathic physician who has examined the person alleged to have an
intellectual disability may, with patient authorization or in response to a
court order, provide any relevant information the physician or naturopathic
physician has regarding the person alleged to have an intellectual disability. [1979
c.683 §17; 2003 c.89 §4; 2009 c.595 §442; 2011 c.658 §13; 2013 c.36 §8; 2017
c.356 §50; 2023 c.339 §4]
427.240 [1959 c.331 §3; 1965 c.339 §17;
1969 c.391 §10; 1973 c.277 §4; repealed by 1979 c.683 §37]
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1981–2024 · leading case:
State v. R. L. W., 341 P.3d 845 (Or. Ct. App. 2014).
State v. R. L. W., 341 P.3d 845 (Or. Ct. App. 2014).
· cites it 2× “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. *727 “(4) If in the opinion of the court the person may he incapacitated, the court may appoint a legal guardian or conservator pursuant to…”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
· cites it 5× “On October 16, a written petition for commitment under ORS 427.235 was signed by two individuals, alleging appellant’s intellectual disability and need for residential care, treatment, and training.”
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
“ORS 427.235(1). 156 State v. S. R.-N. On February 12, 2021, the trial court found the notice suf- ficient to show the need for investigation and forwarded the notice to the community developmental disabilities director for Marion County.”
State v. A. B. K., 522 P.3d 894 (Or. Ct. App. 2022).
“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 ORS 427.005 provides, in part: “(4) ‘Developmental disability’ means autism, cerebral palsy, epilepsy or other condition diagnosed by a…”
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
· cites it 4× “300 or, if the division considers release not to be in the best interest of the resident, the superintendent of the state training center where the person is a resident shall initiate commitment proceedings pursuant to ORS 427.235 to 427.270, 427.280 and 427.285 * * * .”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
· cites it 25× “Prior to 1979, intellectual disability civil commitments under ORS chapter 427 did not *250 include a precommitment investigation as robust as that set out in ORS 427.235. Instead, before a person alleged to be “mentally deficient” was committed, all that had to occur was a…”
State v. D. K. P., 556 P.3d 660 (Or. Ct. App. 2024).
“Each of those court orders states (1) that “[t]here is probable cause to believe [appellant] is an intellectually disabled person in need of com- mitment for residential care, treatment and training (pursuant to ORS 427.235)”; and (2) that the reason that “[c]ommitment is…”
State v. Neal, 946 P.2d 367 (Or. Ct. App. 1997).
· cites it 3× “The state initiated this involuntary recommitment proceeding pursuant to ORS 427.235 to ORS 427.285. Appellant appeals from the trial court’s judgment recommitting him to the Mental Health Division, contending that two errors occurred during the proceeding that preclude a…”
Child.'s Servs. Div. v. Vest, 719 P.2d 904 (Or. Ct. App. 1986).
· cites it 3× “ORS 427.235. The issue is whether the Circuit Court in Marion County has jurisdiction over the juveniles.”
State v. L. M. T. (In re L. M. T.), 422 P.3d 425 (Or. Ct. App. 2018).
“215 provides, in part: "For the purposes of ORS 427.235 to 427.290, a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is * * *: "* * * * * "(2) Unable to provide for the person's basic personal needs and…”
State v. J. W., 458 P.3d 1137 (Or. Ct. App. 2020).
“See ORS 427.235 (notice and investigation procedures).”
— Or. Rev. Stat. § 427.235(1) — 5 cases
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
“ORS 427.235(1). 156 State v. S. R.-N. On February 12, 2021, the trial court found the notice suf- ficient to show the need for investigation and forwarded the notice to the community developmental disabilities director for Marion County.”
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
“300 or, if the division considers release not to be in the best interest of the resident, the superintendent of the state training center where the person is a resident shall initiate commitment proceedings pursuant to ORS 427.235 to 427.270, 427.280 and 427.285 * * * .”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
“On October 16, a written petition for commitment under ORS 427.235 was signed by two individuals, alleging appellant’s intellectual disability and need for residential care, treatment, and training.”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“Prior to 1979, intellectual disability civil commitments under ORS chapter 427 did not *250 include a precommitment investigation as robust as that set out in ORS 427.235. Instead, before a person alleged to be “mentally deficient” was committed, all that had to occur was a…”
Child.'s Servs. Div. v. Vest, 719 P.2d 904 (Or. Ct. App. 1986).
“ORS 427.235. The issue is whether the Circuit Court in Marion County has jurisdiction over the juveniles.”
— Or. Rev. Stat. § 427.235(2) — 1 case
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“Prior to 1979, intellectual disability civil commitments under ORS chapter 427 did not *250 include a precommitment investigation as robust as that set out in ORS 427.235. Instead, before a person alleged to be “mentally deficient” was committed, all that had to occur was a…”
— Or. Rev. Stat. § 427.235(3) — 1 case
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“Prior to 1979, intellectual disability civil commitments under ORS chapter 427 did not *250 include a precommitment investigation as robust as that set out in ORS 427.235. Instead, before a person alleged to be “mentally deficient” was committed, all that had to occur was a…”
— Or. Rev. Stat. § 427.235(4) — 3 cases
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
“On October 16, a written petition for commitment under ORS 427.235 was signed by two individuals, alleging appellant’s intellectual disability and need for residential care, treatment, and training.”
State v. Neal, 946 P.2d 367 (Or. Ct. App. 1997).
“The state initiated this involuntary recommitment proceeding pursuant to ORS 427.235 to ORS 427.285. Appellant appeals from the trial court’s judgment recommitting him to the Mental Health Division, contending that two errors occurred during the proceeding that preclude a…”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“Prior to 1979, intellectual disability civil commitments under ORS chapter 427 did not *250 include a precommitment investigation as robust as that set out in ORS 427.235. Instead, before a person alleged to be “mentally deficient” was committed, all that had to occur was a…”
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