Or. Admin. Code § 419-130-0050 - Assessment for and Provision of Protective Services for Residents
(1) Upon the
initial receipt of a complaint or report of alleged abuse, OTIS shall contact
the assigned BHD specialist to begin assessing needed or provided protective
services, and any needed collaboration with the SUD facility.
(2) An attempt at direct contact with the
alleged victims who are SUD residents shall be determined between OTIS or BHD
Licensing as part of assessing protective service needs, determining if the
alleged victim is in danger or in need of immediate protective services.
(a) OTIS or BHD Licensing may decide not to
attempt direct contact if the resident's clinician states a health, safety or
well-being concern exists.
(b)
Direct contact is not required if the alleged victim is no longer a resident of
the facility.
(3)
Assessment for the provision of protective services may include:
(a) Arranging for the immediate protection of
the alleged victim;
(b) Assessing
the adult's ability to protect their own interest or give informed
consent;
(c) Determining the
alleged victim's ability to understand the nature of the protective service and
their willingness to accept services;
(d) Coordinating evaluations to determine or
verify the alleged victim's physical and mental status, if necessary;
(e) Assisting in and arranging for
appropriate services and alternative living arrangements;
(f) Assisting in or arranging the medical,
legal, financial, or other necessary services to prevent further
abuse;
(g) Providing advocacy to
assure the alleged victim's rights and entitlements are protected;
and
(h) Consulting with the
guardian or others as appropriate in developing recommendations or requirements
to prevent further abuse.
(4) In coordinating the assessment and
assurance of protective services for the alleged victim, OTIS and BHD Licensing
may share confidential information appropriate or necessary for evaluation of
the health, safety and best interests of the alleged victim in need of
protection.
(5) OTIS shall document
the protective services assessment and provisions provided, including those
needed, offered and declined. The assessment is considered confidential SUD
information.
Notes
Statutory/Other Authority: ORS 430.731, ORS 409.010, 409.050 & 413.085
Statutes/Other Implemented: ORS 430.731, 430.205, 430.256, 443.400 - 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640
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