OAG 40-66.

• Case Date: September 25, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-66. 77OPINION NO. 40-66[20 Or. Op. Atty. Gen. 77]Obtaining of order committing person to Fairview Home before time authorized by statute does not prevent the issuance of a subsequent order after the expiration of required time.78No time limitation as to residence in commitment of persons convicted of delinquency or crime.September 25, 1940.Dr. Horace G. Miller,Superintendent, Oregon Fairview Home. Dear Dr. Miller: In your letter of September 9, 1940, you refer to that part of section 67-1702, Oregon Code 1930, which provides as follows:

"* * * no such feeble-minded person who has not been a resident of this state for at least six months next preceding the examination herein provided shall be admitted to said institution."

You request me to advise you whether the law permits you to admit a patient who was committed to the Oregon Fairview Home on December 22, 1939, upon the basis of a representation that he had been a resident of Oregon for fourteen months, whereas it appears that he and his parents had come to Oregon on August 1, 1939; and whether or not, if the court committing him issues a second commitment subsequent to his having been a resident of the state of Oregon for six months, that would constitute authority to admit said patient to the Home. It is my opinion that if application for admission is made subsequent to the expiration of six months from the date the patient became a resident of Oregon that constitutes compliance with the said statute. You also request my opinion...