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 to the staff and is
not fulfilled by reporting the abuse to the owner, provider, or any other staff
even if the owner, provider, or other staff reports the abuse. A provider must
also immediately notify the following:
The local law enforcement agency if there is reason to suspect a crime has
(b) Child Welfare if the
allegation of abuse involves a young adult.
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 must immediately notify all of
(a) 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 the 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 or designated 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
Department 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 investigator.
(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 resources.
provider must report the outcome of protective services to the abuse
investigator upon completion.
RECOMMENDED ACTIONS. When a provider
receives a recommended action included in an Abuse Investigation and Protective
Services Report, as described in OAR 407-045-0320
, 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.