Mental Health Law in Oregon:
A Guide for Consumers and Families
Introduction
INTRODUCTION
This
booklet was written by Jonna Schuder in 1995, and updated by Jan Friedman in
August, 2001, to provide information about the mental health system in Oregon.
Oregon Advocacy Center (OAC) is a non-profit law office that provides
advocacy and representation for persons with mental disabilities, developmental
disabilities and other disabilities. Congress created and funded “protection
and advocacy systems” in each state; OAC is the designated protection and
advocacy system for Oregon. OAC is located in Portland and serves all
Oregonians.
OAC represents persons with disabilities and works for what the individual
wants. Family members and other interested persons are welcome to contact OAC
for information, but actual representation is for the person with a disability
only. OAC staff also is available
to give presentations on disability related topics.
In 1990, OAC published four booklets regarding the rights of persons in
different mental health settings: Know
Your Commitment Rights; Your State Hospital Rights; Your Rights in
Forensics; and Your Rights in Adult Residential Facilities.
OAC updated, revised and
rewrote the four pamphlets into a single, larger booklet in 1995.
The reason for creating the 1995 booklet was that many changes had
occurred in the law and in the way mental health services were provided.
Persons in 1995 moved in and out of services and facilities more
frequently than they did in 1990. Therefore,
the 1995 booklet provided a single source of information that could be used
throughout these changes.
This booklet is an update of the 1995 booklet.
A new section was added regarding the rights of members under the Oregon
Health Plan. The updated booklet pertains to adults.
For information regarding the legal rights of children, contact OAC.
This booklet includes citations to Oregon Revised Statutes (ORS) and Oregon
Administrative Rules (OAR). ORS are laws that have been passed by the
legislature and approved by the governor or have been approved by the voters
through the initiative process. OAR are rules which have been approved by state
agencies. ORS and OAR are available at the law library in each county. In addition, you may access the following websites for ORS [http://www.leg.state.or.us/ors/home.htm]
and for OAR [http://arcweb.sos.state.or.us/banners/rules.htm]. If you need legal advice, then seek the counsel of an
attorney.
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