(1) Except as otherwise provided by subsections (3) and (4) of this section, the capacity of all domiciliary care facilities must be located throughout the state based on the relationship of the population of the county in which the additional capacity is proposed to be located to the number of persons originating from the county who are determined to be in need of domiciliary care. However, nothing in this subsection is intended to prevent the placement of a person who is or was not a resident of the county in a domiciliary care facility in the county.

(2) The Department of Human Services shall determine the number of persons originating from a county who are in need of domiciliary care if the domiciliary care facility is an adult foster home as defined in ORS § 443.705, a residential care facility or residential training facility as those terms are defined in ORS § 443.400 or other group care facility.

(3) The Oregon Health Authority shall determine the number of persons originating from a county who are in need of domiciliary care if the domiciliary care facility is a residential treatment facility as defined in ORS § 443.400.

(4) When a county is too sparsely populated to produce a meaningful ratio of county population to population in need, or a county is lacking necessary support services, the population of two or more counties may be combined. The area of the combined counties may be considered a county for purposes of subsection (1) of this section.

(5) The computation required by subsection (1) of this section does not require reduction in any domiciliary care facility capacity existing on October 4, 1977.

(6) Subject to the appropriate licensing requirements, the governing body of a county may authorize a domiciliary care facility located in the county to exceed the capacity limit imposed by subsection (1) of this section upon:

(a) Request of an individual or organization operating or proposing to operate a domiciliary care facility;

(b) Consultation with an advisory committee appointed by the governing body and consisting of persons who are particularly interested in the type of domiciliary care facility contemplated; and

(c) Finding of good cause following notice and public hearing. [1977 c.779 § 2; 1979 c.235 § 1; formerly 184.880; 2007 c.71 § 132; 2009 c.595 § 776]

[1953 c.659 § 3; 1973 c.285 § 10; repealed by 1977 c.717 § 23]

[1953 c.659 4,5; 1973 c.285 § 11; repealed by 1977 c.717 § 23]

[1953 c.659 § 6; 1961 c.316 § 11; 1967 c.89 § 7; 1973 c.285 § 12; repealed by 1977 c.717 § 23]

[1953 c.659 § 7; 1961 c.316 § 12; 1967 c.89 § 8; 1973 c.285 § 13; repealed by 1977 c.717 § 23]

[1953 c.659 § 8; repealed by 1973 c.285 § 19]

[1953 c.659 § 9; 1973 c.285 § 14; repealed by 1977 c.717 § 23]

[1953 c.659 § 10; 1973 c.285 § 15; repealed by 1977 c.717 § 23]

[1953 c.659 § 11; 1973 c.285 § 16; repealed by 1977 c.717 § 23]

IN-HOME CARE AGENCIES