(1) At any hearing upon such petition, the court shall receive evidence concerning the respondent’s ability to give informed consent. Such evidence shall include, but shall not be limited to:

Terms Used In Oregon Statutes 436.275

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Informed consent: means consent given by an individual 15 years of age or older for sterilization that is:

    (a) Based upon a full understanding of the nature and consequences of sterilization pursuant to information requirements set forth in ORS § 436. See Oregon Statutes 436.205

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Sterilization: means any medical procedure, treatment or operation for the purpose of rendering an individual permanently incapable of procreating. See Oregon Statutes 436.205
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(a) Testimony from the respondent regarding the respondent’s receipt and understanding of the information set forth in ORS § 436.225 (1); and

(b) Reports from an interdisciplinary team of at least three professionals who have experience working with disabilities similar to those affecting the respondent. The reports shall:

(A) Contain specific information regarding the respondent’s ability to give informed consent;

(B) Indicate the specific aspects, if any, of informed consent that the respondent lacks; and

(C) Contain a statement by each professional explaining the reason for the professional’s opinion.

(2) For purposes of subsection (1)(a) of this section, ‘testimony’ means:

(a) Sworn testimony given in person by the respondent to the court at any hearing on the respondent’s ability to give informed consent to sterilization; or

(b) A sworn affidavit, if the respondent’s presence has been waived pursuant to ORS § 436.285.

(3) The respondent or the respondent’s counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing.

(4) Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The person filing the petition or the respondent may have compulsory attendance of witnesses on behalf of the requesting party in the same manner as provided in ORS § 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS § 136.575 (4) or (6), but shall describe the action as a ‘probate sterilization proceeding’ and the appearance as on behalf of ‘the petitioner,’ or ‘the respondent.’ [1983 c.460 § 10; 2001 c.255 § 1]

 

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