Oregon
Overview
Oregon has enacted a statute that recognizes supported decision-making as a less restrictive alternative to guardianship in special education. Oregon has passed legislation codifying supported decision-making agreements. We are not aware of any case law applying the Oregon supported decision-making statute, nor are we aware of any case law denying petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.
Guardianship Laws
Or. Rev. Stat. Ann. §§ 125.005 to .852
Supported Decision-Making
State Legislation
- Or. Rev. Stat. Ann. § 343.181(2)
- Description: Requires school districts to provide a child and their parents with information and training resources regarding supported decision-making as a less restrictive alternative to guardianship.
- HB 2105, 2021, Reg. Sess.
- Description: Codified supported decision-making agreements and make it a state policy to consider less restrictive alternatives before initiating a guardianship proceeding when a child reaches the age of majority.
- Status: Governor signed on June 11, 2021; Effective on January 1, 2022.
None found
- S.B. 681, 80th Leg. Assemb., Reg. Sess. (Or. 2019).
- Description: Would codify Supported Decision-Making Agreements
- Status: Failed – In Senate Committee on Rules upon adjournment on June 30, 2019
Case Law & Court Orders
None found
State Grant Programs
- 2018/2019 State Grantee: The Arc Oregon (https://thearcoregon.org/
- Summary: The Arc Oregon create and implemented a statewide train-the-trainer curriculum on Supported Decision-Making (SDM). This project focused on educating key leaders in the area of school-to-adult transition, such as case managers and transition coordinators, about SDM and how it relates to the future independence and self-determination of transition-age youth. Through its community partner workgroup and a facilitated student/parent focus group, this project identified barriers families are experiencing during the transition from school relative to making informed decisions, and what they need to help overcome those barriers. With that information, this project: (1) developed simple visual tools and information sheets for students, families, and professionals ; (2) developed a train-the-trainer curriculum for agencies to use to train their own staff who are supporting families and students through transition; (3) identified candidates from key agencies from around the state to participate in the train-the-trainer project: (4) developed trainers as content experts through the train-the-trainer program, so they understand how to talk about SDM in a way that makes sense for students and families; and (5) offered public education opportunities as the trainer candidates co-train the curriculum with mentors from The Arc.
- Final Report
- SDM Train-the-Trainer Curriculum
- Contacts: Emily Braman, GAPS Program Director, The Arc Oregon, ebraman@thearcoregon.org, and Jennie Heidrick, Program Director, Oregon Training and Consultation (OTAC), jheidrick@otac.org
Other Resources
- Article: “Enhancing Self-Determination in Less Restrictive Alternatives to Guardianship,” Jan Friedman and Stephen Peters, Oregon State Bar Elder Law Newsletter, April 2017
- Resource: The Arc of Oregon, It’s Your Decision! Infographic
- Resource: The Arc of Oregon, Ready or not! Your teen is becoming an adult. Infographic
- Website: The Arc of Oregon, Supported Decision Making: An Alternative to Guardianship Train-the-Trainer Program
- Website: Disability Rights Oregon, Know Your Rights: Guardianship
Information Last Updated: January 24, 2025