436.275 Admissible evidence; subpoenas

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

436.275 Admissible evidence; subpoenas.

(1)At any hearing upon such petition, the court shall receive evidence concerning the respondent’s ability to give informed consent. Such evidence shall include, but shall not be limited to:

(a)Testimony from the respondent regarding the respondent’s receipt and understanding of the information set forth in ORS 436.225 (1); and

(b)Reports from an interdisciplinary team of at least three professionals who have experience working with disabilities similar to those affecting the respondent. The reports shall:

(A)Contain specific information regarding the respondent’s ability to give informed consent;

(B)Indicate the specific aspects, if any, of informed consent that the respondent lacks; and

(C)Contain a statement by each professional explaining the reason for the professional’s opinion.

(2)For purposes of subsection (1)(a) of this section, “testimony” means:

(a)Sworn testimony given in person by the respondent to the court at any hearing on the respondent’s ability to give informed consent to sterilization; or

(b)A sworn affidavit, if the respondent’s presence has been waived pursuant to ORS 436.285.

(3)The respondent or the respondent’s counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing.

(4)Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The person filing the petition or the respondent may have compulsory attendance of witnesses on behalf of the requesting party in the same manner as provided in ORS 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS 136.575

(4)or (6), but shall describe the action as a “probate sterilization proceeding” and the appearance as on behalf of “the petitioner,” or “the respondent.” [1983 c.460 §10; 2001 c.255 §1]