§ 428.220 — Determining residence; admission of person whose residence is not established

Oregon § 428.220

• Jurisdiction: Oregon
• Vol.: 11
• Title 35: Mental Health and Developmental Disabilities; Substance Use Disorder Treatment
• Ch. 428: Nonresident Persons With Mental Illness or Intellectual Disabilities

Text

(1) In determining whether or not any person committed by a court of competent jurisdiction to a state hospital, foreign hospital or facility is a resident of this state:
(a) The time spent in a state hospital or foreign hospital or on parole from a state hospital or foreign hospital, or in a facility shall not be counted in determining the residence of such person in this or any other state.
(b) The residence of such person at the time of commitment shall remain the residence of the person for the duration of the commitment of the person.
(2) The Department of Human Services may give written authorization for the admission to a facility whenever:
(a) The residence of any person cannot be established after reasonable and diligent investigation and effort.
(b) The peculiar circumstances of a case, in the judgment of the department, provide a sufficient reason for the suspension of the residence requirement provided by ORS 428.210 (8).
(3) The Oregon Health Authority may give written authorization for the admission to the Oregon State Hospital whenever:
(a) The residence of any person cannot be established after reasonable and diligent investigation and effort.
(b) The peculiar circumstances of a case, in the judgment of the authority, provide a sufficient reason for the suspension of the residence requirement provided by ORS 428.210 (8).

Legislative History

1957 c.388 §6; 2009 c.595 §450; 2013 c.36 §18; 2015 c.318 §16