Or. Admin. R. 407-045-0260 - Adult Developmental Disabilities Abuse Rules: Definitions
In addition to the definitions in ORS 430.735, the following terms are defined as used in OAR 407-045-0250 to 407-045-0370.
(1) "Abuse" means as
defined in ORS
430.735.
(2) "Abuse Investigation and Protective
Services Report" means a written report completed under these rules.
(3) "Adult" as defined in ORS
430.735
and used in OAR 407-045-0250 to 407-045-0370 means an individual who is 18
years of age or older with a developmental disability who is:
(a) Currently receiving services from a
community program or facility; or
(b) Was previously determined eligible for
services as an adult by a community program or facility; and
(c) Is the reported or alleged victim of
abuse.
(4) "Adult
protective services" means as defined in ORS
430.735
the necessary actions taken to prevent abuse or exploitation of an adult, to
prevent self-destructive acts and to safeguard the adult's person, property and
funds, including petitioning for a protective order as defined in ORS
125.005. Any actions
taken to protect an adult shall be undertaken in a manner that is least
intrusive to the adult and provides for the greatest degree of
independence.
(5) "Accused Person"
or "Accused Provider" (AP, formerly known as alleged perpetrator) means:
(a) A person, caregiver, facility or service
provider who is the respondent in an abuse investigation under these rules,
alleged or determined to have committed abuse of an adult.
(b) "Accused person" does not include:
(A) Minors, who are persons under the age of
18 years old and not considered emancipated.
(B) A person who also qualifies as:ΒΆ
(i) An "adult" with a developmental
disability as defined under ORS
430.735(2)(a);
or
(ii) Another individual who is
receiving residential services from the same facility as the alleged
victim.
(c)
The exceptions of (b) (B) above do not apply if such accused person is a paid
caregiver or service provider for the adult alleged or determined to have been
abused.
(6) "Brokerage"
or "Support service brokerage" means an entity or distinct operating unit
within an existing entity that performs the functions associated with planning
and implementation of services for an individual with intellectual or
developmental disabilities.
(7)
"Caregiver" means as defined in ORS
430.735
an individual, whether paid or unpaid, or facility that has assumed
responsibility for all or a portion of the care of an adult as a result of a
contract or agreement.
(8) "Closed
without abuse determination" means after diligent efforts have been made, the
investigator is unable to locate the AP, the alleged victim or another
individual who might have information critical to the outcome of the
investigation; or relevant records or documents are unavailable, so the
investigation cannot be completed.
(9) "Community program" as defined in ORS
430.735
includes:
(a) A community mental health
program or a community developmental disabilities program as established in ORS
430.610 to
430.695;
or
(b) A provider that is paid
directly or indirectly by the Oregon Health Authority to provide mental health
treatment in the community.
(10) "Designee" means the community mental
health or developmental disabilities program. A community developmental
disability program is considered a designee of the Department for the purposes
of these rules and ORS
430.731
and
430.735
to
430.765.
(11) "Department" means the Oregon Department
of Human Services (ODHS).
(12)
"Educational provider" means an education provider, as defined in ORS
339.370.
(13) "Educational provider's licensed
administrator" also known as "chief administrator" means the person designated
by the educational provider's policies adopted under ORS
339.372
as amended by Section 3 of 2019 SB 155 to receive complaints involving their
school employees, contractors, agents, or volunteers. and includes an alternate
licensed administrator, if the designee is the accused person.
(14) "Exception for religious practice" means
an adult who in good faith is voluntarily under treatment solely by spiritual
means through prayer in accordance with the tenets and practices of a
recognized church or religious denomination by a duly accredited practitioner
thereof shall for this reason alone not be considered subjected to abuse under
ORS
430.735
to
430.765.
(15) "Facility" means as defined in ORS
430.735
a residential treatment home or facility, residential care facility, adult
foster home, residential training home or facility or crisis respite
facility.
(16) "Good cause" for an
extension means:
(a) When law enforcement is
conducting an investigation or in process of prosecution;
(b) A material party or witness is
temporarily unavailable; or
(c) New
evidence is discovered that leads to additional alleged abuses being
investigated (allegations).
(17) "Investigator" means an OTIS employee or
CDDP designee who is authorized and receives OTIS approved training to screen
reports or complaints of abuse, assess protective services and investigate
alleged abuse (allegations) of adults with developmental disabilities under
these rules.
(18) "Law enforcement
agency" or LEA means:
(a) Any city or
municipal police department,
(b) A
police department established by a university under ORS
352.121
or
353.125,
(c) Any county sheriff's office,
(d) The Oregon State Police, or
(e) Any district attorney.
(19) "Not substantiated" means
there is less than a preponderance of evidence to show that abuse
occurred.
(20) "Office of Training,
Investigations and Safety" or OTIS means the unit within the Department's
Shared Services, formerly known as "OAAPI" (Office of Adult Abuse Prevention
and Investigations).
(21) "Provider
agency" means an entity licensed, certified or authorized by the Department to
provide developmental disability services or which is responsible for the
management of developmental disability services.
(22) "Redacted" means information deemed
confidential under state or federal laws that are excluded from public record
release.
(23) "Self-defense" as
defined in ORS
430.768
and used in OAR 407-045-0320(7) means the use of physical force upon another
person in self-defense or to defend a third person.
(24) "Services" as defined in ORS
430.735
includes but is not limited to the provision of food, clothing, medicine,
housing, medical services, assistance with bathing or personal hygiene or any
other service essential to the well-being of an adult.
(25) "State Hospital" as described in ORS
426.010
means the Oregon State Hospital campuses in Salem and in Junction City for
persons with mental illness for care and treatment.
(26) "Substantiated" means that the
preponderance of evidence establishes the abuse occurred.
(27) "Unbiased investigation" means an
investigation conducted by an investigator that does not have an actual or
potential conflict of interest with the outcome.
(28) "Wrongful restraint" does not include
physical emergency restraint to prevent immediate injury to an adult who is in
danger of physically harming himself or herself or others, provided only that
the degree of force reasonably necessary for protection is used for the least
amount of time necessary.
Notes
Statutory/Other Authority: ORS 409.050, 409.010 & 430.731
Statutes/Other Implemented: ORS 430.735 - 430.765, 443.400 - 443.465, 443.705 - 443.825, 410.600, 430.731, 430.662, 430.768 & 443.875
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