Chapter 325 Oregon Laws 2001
AN ACT
SB 385
Relating to operation of
community mental health and developmental disabilities program by tribes of
Native Americans; amending ORS 430.640.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 430.640 is amended to read:
430.640. (1) The Mental Health and Developmental Disability
Services Division, in carrying out the legislative policy declared in ORS
430.610, subject to the availability of funds shall:
(a) Assist Oregon counties and groups of Oregon counties in
the establishment and financing of community mental health and developmental
disabilities programs operated or contracted for by one or more counties.
(b) If a county declines to operate or contract for a
community mental health and developmental disabilities program, contract with
another public agency or private corporation to provide the program. The county
must be provided with an opportunity to review and comment.
(c) In an emergency situation when no community mental
health and developmental disabilities program is operating within a county or a
county is unable to provide a service essential to public health and safety,
operate the program or service on a temporary basis.
(d) At the request of the tribal council of a [land-based] federally recognized tribe of Native Americans [whose reservation extends into two or more
counties], contract with the tribal council for the establishment and
operation of a community mental health and developmental disabilities program
in the same manner that the division contracts with a county court or board of
county commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the following
program areas: Mental or emotional disturbances, drug abuse, mental retardation
or other developmental disabilities and alcohol abuse and alcoholism.
(f) Establish and promulgate the standards and requirements
to be met by the biennial plan and budget information for the establishment and
operation of each community mental health and developmental disabilities
program including the requirement that all services described in ORS 430.630
(3) are provided by each program unless a waiver has been granted.
(g) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community mental health
and developmental disabilities program. No subsequent amendments to or
modifications of an approved plan or budget information involving more than 10
percent of the state funds provided for services under ORS 430.630 shall be
placed in effect without prior approval of the division. However, an amendment
or modification affecting 10 percent or less of state funds for services under
ORS 430.630 within the portion of the program for persons with mental or
emotional disturbances, or within the portion for persons with mental
retardation and developmental disabilities or within the portion for persons
with alcohol and drug dependence may be made without division approval.
(h) Make all necessary and proper rules to govern the
establishment and operation of community mental health and developmental
disabilities programs, including adopting rules defining the range and nature
of the services which shall or may be provided under ORS 430.630.
(i) Collect data and evaluate services in the state
hospitals in accordance with the same methods prescribed for community mental
health and developmental disabilities programs under ORS 430.665.
(2) The enumeration of duties and functions in subsection
(1) of this section shall not be deemed exclusive nor construed as a limitation
on the powers and authority vested in the division by other provisions of law.
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date January 1,
2002
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