ORS 427.005: Definitions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
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]
Administrative rules citing this section
- OAR 411-320-0010: Statement of Purpose — implements
- OAR 411-320-0070: Service Records — implements
- OAR 411-320-0175: Individual Complaints, Notification of Planned Action, and Hearings — implements
- OAR 411-320-0200: Variances — implements
- OAR 411-340-0010: Statement of Purpose — implements
- OAR 411-340-0060: Complaints, Notification of Planned Action, and Hearings — implements
- OAR 411-340-0080: Record Requirements — implements
- OAR 411-340-0090: Request for Variance — implements
- OAR 411-340-0150: Standards for Administration and Operations — implements
- OAR 411-370-0030: Provider Enrollment — implements
- OAR 411-370-0040: Variances — implements
- OAR 411-415-0010: Statement of Purpose — implements
- OAR 411-450-0010: Statement of Purpose — implements
- OAR 411-450-0100: Variances — implements
This rule cites
- ORS 430.620 — resolved
- ORS 685.010 — resolved
Cited by
- ORS 30.262: Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300.
- ORS 127.765: Health care advocate; appointment; powers; limitations; term; approval of certain decisions; protest; training; rules.
- ORS 132.090: Presence of persons at sittings or deliberations of jury; interpreters.
- ORS 344.535: Department of Human Services rehabilitation services duties; rules.
- ORS 427.107: Rights of persons receiving developmental disability services; rules.
- ORS 427.435: Employment services; prohibition on sheltered work setting; rules.
- ORS 428.210: Definitions for ORS 428.210 to 428.270.
- ORS 430.212: Reconnection of family members to individual with developmental disability; rules.
- ORS 680.205: Services rendered under permit.
- OAR 411-317-0000: General Definitions for Developmental Disabilities Services
- OAR 859-200-0020: Definitions
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors427.html