ABUSE REPORTING. If a mandatory reporter
has a reasonable cause to believe that abuse of an individual has occurred, the
mandatory reporter must report or cause a report to be made immediately by
phone or otherwise to the local CDDP, local law enforcement agency, or the
Department. The duty to report suspected abuse is personal and is not fulfilled
by reporting the abuse to the agency, provider, or any other staff even if the
agency, provider, or other staff reports the abuse. A provider must also
immediately notify the following:
local law enforcement agency if there is reason to suspect a crime has
(b) Child Welfare if the
allegation of abuse involves a child.
In the case of a serious illness, serious
injury, or death of an individual, a provider must immediately, but not later
than one business day, notify all of the following (as applicable):
(a) The individual's legal or designated
representative, family (if known), and other significant person identified by
the individual to be contacted under these circumstances.
(b) The individual's case management
(c) Any other agency
responsible for, or delivering services to, the individual.
A provider must immediately,
but not later than one business day, notify an individual's case management
(a) The use of an emergency
physical restraint. Timelines for notification included in a Temporary
Emergency Safety Plan supersede the timeline established by this
(b) The use of a
safeguarding intervention or safeguarding equipment resulting in an injury to
the case where an individual is missing without support beyond the time frame
identified in the individual's ISP, the provider responsible for the care of
the individual at the time the individual is discovered to be missing must
immediately notify all of the following:
The individual's legal or designated representative (if applicable).
(b) The local law enforcement
(c) The individual's case
notification required by sections (1), (2), (3), or (4) of this rule must occur
by phone, in-person, email, writing, or verbally and maintain
A provider must complete a
written incident report for any of the following:
(A) Serious incident.
(B) Allegation of abuse.
(C) Use of a safeguarding
(D) Use of an
emergency crisis strategy when an individual has a Temporary Emergency Safety
(E) Fire requiring the
services of a fire department.
An incident report, when completed as
required in subsection (a) of this section, must be:
(A) Submitted to the individual's case
management entity within five business days of the incident.
(B) Maintained by the provider in the
requested, provided to the individual's legal or designated representative
within five business days of the request. A copy of an incident report may not
be provided to an individual's legal representative when the report is part of
an abuse investigation.
(c) A copy of an incident report provided to
an individual's legal representative or other service providers must have
confidential information about other individuals removed or redacted as
required by federal and state privacy laws.
PROTECTIVE SERVICES. When a CDDP or OTIS
abuse investigator determines that a provider must take a protective services
action following a report of abuse, the provider must implement the action. If
unable to implement the action, the provider must immediately notify the abuse
(a) Any protective services must
be provided in a manner that is least intrusive to adult individuals and
provide for the greatest degree of independence available within existing
(b) The provider must
report the outcome of protective services to the abuse investigator upon
RECOMMENDED ACTIONS. When a provider receives a recommended action included in
an Abuse Investigation and Protective Services Report, as described in OAR
, or serious incident report review from a case management entity,
the provider must:
(a) Implement the
recommended actions within specified timelines and report back to the case
management entity that the recommended actions were completed; or
(b) Contact the case management entity to
develop alternative actions that are designed to prevent the recurrence of
abuse or serious incident.