Oregon Code § 436.275·Enacted ·Last updated March 01, 2026
Statute Text
Admissible evidence; subpoenas.
(1) At any hearing upon such petition, the court shall receive evidence
concerning the respondents ability to give informed consent. Such evidence
shall include, but shall not be limited to:
(a) Testimony
from the respondent regarding the respondents 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 respondents 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 professionals
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
respondents ability to give informed consent to sterilization; or
(b) A sworn
affidavit, if the respondents presence has been waived pursuant to ORS
436.285.
(3) The
respondent or the respondents 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]