Or. Admin. Code § 419-100-0010 - Definitions
In addition to the definitions in ORS 430.735, the following terms are defined as used in OAR chapter 419, division 100.
(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 chapter
419, division 100 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:¶
(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
419-100-0080
(6) 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, 443.875, 430.731, 430.662, 430.768 & 410.600
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