Oregon Statutes 427.007 – Policy; Department of Human Services to facilitate community-based services
(1)(a) Individuals with intellectual and other developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding services, providers, goals and activities. Individuals with developmental disabilities, together with their families and advocates, must play a major role in the planning, designing, funding, operation and monitoring of community services. These services should be ultimately focused on the outcomes of independence, integration and productivity.
Terms Used In Oregon Statutes 427.007
- Contract: A legal written agreement that becomes binding when signed.
- 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. See Oregon Statutes 427.005
- Independence: means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives. See Oregon Statutes 427.005
- 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. See Oregon Statutes 427.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Productivity: means regular engagement in income-producing work, preferably competitive employment with supports and accommodations to the extent necessary, by a person with an intellectual disability or another developmental disability which is measured through improvements in income level, employment status or job advancement or engagement by a person with an intellectual disability or another developmental disability in work contributing to a household or community. See Oregon Statutes 427.005
- 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 developmental disabilities and advocating for the person. See Oregon Statutes 427.005
(b) The employment of individuals with developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.
(c) Support for families with children who have developmental disabilities must be based upon principles of choice and self-determination, with families receiving the support they need to support their children at home. If a child with a developmental disability cannot remain safely at home even with supportive services, the child should live in a family-like setting with the ability to remain closely connected to the child’s family.
(d) Therefore, the Department of Human Services is directed to facilitate, provide or contract for appropriate community-based services, including family support, residential facilities, day programs, home care and other necessary support, care and training programs, in an orderly and systematic manner.
(2) In carrying out the directive in subsection (1) of this section, the department shall develop a biennial plan in conjunction with the budgeting process for review by each Legislative Assembly. In developing this plan, the department shall meet with and consider the input of representatives from the following constituencies: Consumer organizations, parent-family organizations, advocacy organizations, unions representing personal support workers and adult foster home providers, community provider organizations, state and local education officials and community developmental disabilities programs. Such plans shall include, where appropriate:
(a) Proposals for the orderly development of community-based services, including family support, residential facilities, day programs, home care and other necessary support, care and training programs, to accommodate persons eligible for and needing developmental disability services and to serve persons already in the community waiting for services. The proposals shall include services for persons who are leaving the public education system. Funding for these services shall be commensurate with individual need. These proposals may include provisions for an array of both publicly and privately operated services and shall include specific implementation plans requiring that new services developed are designed to significantly increase the independence, productivity and integration into the community of persons with intellectual disabilities or other developmental disabilities.
(b) Proposals for the location of community-based services for persons with intellectual disabilities or other developmental disabilities in proximity to family, friends, supportive services and home communities whenever possible.
(3) In further carrying out the directive in subsection (1) of this section, the department shall develop monitoring and evaluation systems that ensure competent management, program quality and cost-effectiveness of community-based services. Such systems shall include, where appropriate:
(a) A comprehensive system of service coordination that ensures an orderly movement of persons with intellectual disabilities or other developmental disabilities between community-based service alternatives, and ensures an effective system of service delivery to persons with intellectual disabilities or other developmental disabilities living in the community, based on individualized planning and close cooperation with consumers, families and guardians.
(b) Specific standards for each component within the array of services for persons with intellectual disabilities or other developmental disabilities, either operated or supported by the department, that ensure the competent management, program quality and cost-effectiveness of such services.
(4) Subject to available funds, the department shall ensure that each family with a member with an intellectual disability or another developmental disability has access to family support services, and that each person with an intellectual disability or another developmental disability living in the community, including those leaving the public education system, has access to community-based services necessary to enable the person to strive to achieve independence, productivity and integration. Specific services proposed for the person shall be identified in an individual support plan or in a family support service plan.
(5) Subject to available funds, the department shall determine the content of individual support plans and family support service plans, and the process whereby such plans are developed and updated. [1981 c.287 § 1; 1985 c.463 § 2; 1987 c.353 § 1; 1987 c.609 § 1; 1989 c.505 § 1; 2001 c.900 § 127; 2007 c.70 § 216; 2011 c.658 § 5; 2013 c.36 § 4]
[1987 c.870 § 1; repealed by 2001 c.900 § 261]
[Amended by 1953 c.155 § 7; 1965 c.339 § 2; 1965 c.595 § 3; 1969 c.391 § 9; 1971 c.75 § 1; 1973 c.262 § 1; 1973 c.807 § 3; 1979 c.683 § 6; 1983 c.505 § 2; 1983 c.740 § 150; 2001 c.900 § 128; 2007 c.70 § 217; 2009 c.59 § 2; 2011 c.658 § 6; repealed by 2013 c.36 § 73]
[Formerly 428.548; repealed by 1979 c.683 § 37]
[1961 c.661 § 2; 1967 c.534 § 21; repealed by 1979 c.683 § 37]
[1979 c.683 § 28; 2011 c.658 § 7; repealed by 2013 c.36 § 73]