ORS 443.739: Rights of residents.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy of the Residents’ Bill of Rights in the entry or other equally prominent place in the adult foster home. The Residents’ Bill of Rights states that each resident of an adult foster home has the right to: (1) Be treated as an adult, with respect and dignity. (2) Be informed of all resident rights and all house rules. (3) Be encouraged and assisted to exercise legal rights, including the right to vote. (4) Be informed of the resident’s medical condition and the right to consent to or refuse treatment. (5) Receive appropriate care and services, and prompt medical care as needed. (6) A safe and secure environment. (7) Be free from mental and physical abuse. (8) Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner. (9) Complete privacy when receiving treatment or personal care. (10) Associate and communicate privately with any person the resident chooses. (11) Send and receive personal mail unopened. (12) Participate in activities of social, religious and community groups. (13) Have medical and personal information kept confidential. (14) Keep and use a reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space. (15) Manage the resident’s own money and financial affairs unless legally restricted. (16) Be free from financial exploitation. The provider may not charge or ask for application fees or nonrefundable deposits and may not solicit, accept or receive money or property from a resident other than the amount agreed to for services. (17) A written agreement regarding the services to be provided and the rate schedule to be charged. The provider must give 30 days’ written notice before any change in the rates or the ownership of the home. (18) Not to be transferred or moved out of the adult foster home without 30 days’ advance written notice and an opportunity for a hearing. A provider may transfer or discharge a resident only for medical reasons including a medical emergency described in ORS 443.738 (11)(b), or for the welfare of the resident or other residents, or for nonpayment. (19) Be free of discrimination in regard to race, color, religion, sex, sexual orientation, gender identity or national origin. (20) Make suggestions and complaints without fear of retaliation. [1991 c.960 §11; 1995 c.667 §12; 2003 c.14 §261; 2007 c.100 §27; 2021 c.367 §26]
Administrative rules citing this section
- OAR 309-040-0300: Purpose and Scope — implements
- OAR 309-040-0310: License Required — implements
- OAR 309-040-0315: Temporary rule language in effect until 12/01/2026. License Application and Fees — implements
- OAR 309-040-0325: Capacity — implements
- OAR 309-040-0330: Zoning for Adult Foster Homes — implements
- OAR 309-040-0335: Temporary rule language in effect until 12/01/2026. Training Requirements for Providers, Resident Managers, and Substitute Caregivers — implements
- OAR 309-040-0340: Temporary rule language in effect until 12/01/2026. Issuance of a License — implements
- OAR 309-040-0345: Temporary rule language in effect until 12/01/2026. Renewal — implements
- OAR 309-040-0350: Variance — implements
- OAR 309-040-0355: Contracts — implements
- OAR 309-040-0360: Temporary rule language in effect until 12/01/2026. Qualifications for AFH Providers, Resident Managers, and Other Caregivers — implements
- OAR 309-040-0365: Facility Standards — implements
- OAR 309-040-0370: Safety — implements
- OAR 309-040-0375: Sanitation — implements
- OAR 309-040-0380: Individual Furnishings — implements
- OAR 309-040-0385: Food Services — implements
- OAR 309-040-0390: Standards and Practices for Care and Services — implements
- OAR 309-040-0393: Individually-Based Limitations — implements
- OAR 309-040-0394: Residency Agreement — implements
- OAR 309-040-0395: Standards for Admission, Transfers, Respite, Discharges, and Closures — implements
- OAR 309-040-0400: Inspections — implements
- OAR 309-040-0405: Procedures for Correction of Violations — implements
- OAR 309-040-0410: Residents’ Bill of Rights, Complaints, and Grievances — implements
- OAR 309-040-0415: Administrative Sanctions — implements
- OAR 309-040-0420: Temporary rule language in effect until 12/01/2026. Denial, Suspension, Revocation, or Refusal to Renew — implements
- OAR 309-040-0430: Conditions — implements
- OAR 309-040-0435: Criminal Penalties — implements
- OAR 309-040-0440: Civil Penalties — implements
- OAR 309-040-0450: Adjustment, Suspension or Termination of Payment — implements
- OAR 309-040-0455: Enjoinment of AFH Operation — implements
- OAR 309-040-0470: Suspension of License — implements
- OAR 411-360-0020: Definitions and Acronyms — implements
- OAR 411-360-0030: Variance — implements
- OAR 411-360-0210: Inspections and Abuse Investigations — implements
- OAR 411-360-0220: Complaints — implements
- OAR 411-360-0230: Procedures for Correction of Violations — implements
- OAR 411-360-0240: Administrative Sanction — implements
- OAR 411-360-0260: Civil Penalties — implements
- OAR 411-360-0270: Denial, Revocation or Non-renewal of License — implements
- OAR 411-360-0275: Suspension — implements
- OAR 411-360-0280: Criminal Penalties — implements
- OAR 411-360-0290: Enjoinment of Operation — implements
- OAR 411-360-0300: Zoning — implements
- OAR 411-360-0310: Public Information — implements
This rule cites
- ORS 443.738 — resolved
Cited by
- OAR 309-040-0305: Temporary rule language in effect until 12/01/2026. Definitions
- OAR 309-040-0307: Required Home-like Qualities
- OAR 309-040-0390: Standards and Practices for Care and Services
- OAR 309-040-0410: Residents’ Bill of Rights, Complaints, and Grievances
- OAR 411-004-0020: Home and Community-Based Services and Settings
- OAR 411-049-0102: Temporary rule language in effect until 01/27/2027. Definitions
- OAR 411-325-0430: Individual Support Plan
- OAR 411-328-0625: Supported Living Provider Owned, Controlled, or Operated Residential Settings
- OAR 411-345-0110: Individuals’ Rights and Individually-Based Limitations
- OAR 411-360-0055: Provider Enrollment Agreements, Contracts, and Residency Agreements
- OAR 411-360-0170: AFH-DD Documentation and Record Requirements
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors443.html