justicedao/ipfs_state_laws huggingface dataset:
411-019-0030 ODHHS Executive and Ad Hoc Committees (1) The ODHHS advisory committee shall elect an ODHHS executive committee from its membership. (2) The executive committee shall consist of two co-chairs and one secretary. (a) The executive committee reserves the right to expand the executive committee membership to include three at-large members to be determined by a vote of the advisory committee. (b) The primary role of the executive committee is to assist the staff in planning and organizing advisory committee meetings and to make decisions that require critical resolution between regular meetings of the advisory committee, while keeping within the mission and values of the advisory committee. (c) The executive committee will review applicants to the advisory committee and make appointment recommendations. Appointment recommendations shall be forwarded to the DHS Director. (3) The co-chairs may establish ad hoc committees for particular purposes with stated objectives and limited duration. (a) Chairs of any ad hoc committees must be members of the ODHHS advisory committee and be appointed by the co-chairs. (b) Ad hoc committees may include members of the general public when appropriate. Statutory/Other Authority: ORS 410.070 & 410.740 Statutes/Other Implemented: ORS 410.740 History: APD 7-2017, f. 2-21-17, cert. ef. 3-1-17
411-020-0000 Purpose and Scope of Program (1) RESPONSIBILITY. The Department of Human Services (Department), Aging and People with Disabilities program (APD) has the responsibility to provide Adult Protective Services (APS) to older adults and to adults with physical disabilities whose situation is within APD's jurisdiction to investigate. (2) INTENT. The intent of the APS Program is to provide prevention, protection, and intervention for older adults and adults with physical disabilities who are unable to protect themselves from abuse and self-neglect. (3) SCOPE OF SERVICES. The scope of services includes: (a) Receiving reports of abuse or self-neglect; (b) Providing and documenting risk assessment of alleged victims; (c) Conducting and documenting investigations of alleged abuse and self-neglect; (d) Providing appropriate resources for victim safety; and (e) Collection of statewide data of Adult Protective Services. (4) AVAILABILITY. Adult Protective Services are available from the Department to any adult resident of a licensed care facility, to nursing facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria in OAR 411-020-0015. (5) INTERVENTION MODEL. (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the alleged victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with physical disabilities with the duty to protect their right to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professionals, to assist in responding to the overall problems associated with abuse and self-neglect, and encourages active participation and sharing of appropriate information by APS staff on multidisciplinary teams. (c) The Department supports efforts to promote education and outreach services that help identify and prevent abuse and self-neglect of older adults and adults with physical disabilities. Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 179.040, 409.010, 410.020, 410.040, 410.070, 411.060, 411.116 & 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070, 411.060, 411.116, 443.435, 443.450 & 443.500, 443.765, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05 SSD 5-1994, f. & cert. ef. 11-15-94 Renumbered from 461-011-0000 by Ch. 784, OL 1981 & AFS 69-1981, f. 9-30-81, cert. ef. 10-1-81 AFS 5-1980, f. & cert. ef. 1-25-80 PWC 769, f. 10-20-75, cert. ef. 10-25-75 PWC 750(Temp), f. 8-18-75, cert. ef. 8-21-75
411-020-0015 Eligibility Criteria (1) Adult Protective Services as described in OAR 411-020-0040 are available for: (a) Adults aged 65 and older; (b) Adults aged 18 and older who have a physical disability as defined in these rules; and (c) Any adult living in n APD licensed care facility. (d) Older adults and adults with physical disabilities who receive services from regulated providers and are not eligible for abuse investigation by another Department or Authority program. (2) Eligibility for Adult Protective Services is not dependent upon income or source of income. Statutory/Other Authority: ORS 410.070, 411.116, 443.450, 443.765 & 443.767 Statutes/Other Implemented: ORS 410.070 & 411.116 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2006, f. 3-23-06, cert. ef. 4-1-06 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05 SSD 5-1994, f. & cert. ef. 11-15-94 Renumbered from 461-011-0015 by Ch. 784, OL 1981 & AFS 69-1981, f. 9-30-81, cert. ef. 10-1-81 AFS 5-1980, f. & cert. ef. 1-25-80
411-020-0025 Multidisciplinary Team (MDT) (1) Where a county district attorney or delegated designee has developed a multidisciplinary team (MDT), the local office must participate to coordinate and collaborate on allegations of abuse and self-neglect of older adults and adults with physical disabilities. Adult Protective Services, when provided by the local office in conjunction with their participation on their county MDT, shall be provided as described in these rules. (2) All information that is obtained by the MDT members and shared in the exercise of their duties on the MDT is confidential and may not be further disclosed except as permitted by law, authorization by the adult, or by court order. (3) Upon request, the local office must annually provide the MDT with the number of substantiated allegations of abuse of adults investigated by APS and the number of APS cases referred to law enforcement according to reporting procedures developed by the MDT. Statutory/Other Authority: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, Oregon Laws 2009 chapter 837, section 8, Oregon Laws 2013 Chapter 352, Section 10 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 21-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
411-020-0040 Services Provided (1) Local offices must follow procedural guidelines consistent with Department policies guiding APS response activities. Although the role of APS is civil rather than criminal investigation, cooperative agreements with regulatory and enforcement agencies, such as local law enforcement, district attorneys, and licensing agencies are desirable. (2) The Department shall establish and maintain agreements and understandings with other key agencies having a role in protecting the interests and rights of individuals who are the subject of these rules, including the Oregon State Police and the Department of Justice. (3) The Adult Protective Services function consists of a standard series of activities, including screening, triage or consultation, on-site assessment, investigation, intervention, documentation, and APS risk management. (4) Deviations from these rules may be warranted to protect the safety of any party or as otherwise allowed by policy. The reasons for these deviations must be reviewed with a supervisor or designee and properly documented in the investigative record. (5) Adults have the right to make informed choices (as defined in 411-020-0002) that do not conform to societal norms as long as those decisions are not harmful to others. This includes the right to refuse participation in APS assessments, investigation, or intervention. This does not include the right to prevent an investigation from occurring. (6) The local office must retain records that document the APS functions for a period of 15 years after last activity. Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05 SSD 5-1994, f. & cert. ef. 11-15-94, Renumbered from 411-020-0005 Renumbered from 461-011-0005 by Ch. 784, OL 1981 & AFS 69-1981, f. 9-30-81, cert. ef. 10-1-81 AFS 5-1980, f. & cert. ef. 1-25-80
411-020-0060 Screening (1) All calls or contacts involving the possibility of abuse or self-neglect must be directed to APS screening. (2) Screening is the skilled interviewing process used to gather and assess information in order to determine eligibility for Adult Protective Services. This activity includes a determination of whether the reported concern meets the definition of abuse or self-neglect. (3) All complaints regarding a person receiving services in a Nursing Facility must be referred immediately to the APD Nursing Facility Survey Unit (NFSU) for screening, triage, and Facility investigation. NFSU will refer any concerns regarding external parties (e.g. family members) back to APS for screening and potential investigation under Community APS rules. (4) If the reported concern meets the definition of abuse or self-neglect, screening activities may include, but are not limited to: (a) Gathering information about the alleged victim's current level of functioning. (b) Gathering demographic information and the history of the current problem. (c) Reviewing any agency records related to the reported concern. (d) Gathering information from collateral sources. (5) If the reported concern does not meet the definition of abuse or self-neglect, but requires intervention, response shall include referral to other resources, including case management, licensing, APS risk management, or other services as appropriate. (6) If the reported concern does not meet the definition of abuse or self-neglect or require intervention, but may be addressed by specialized information or assistance, a referral to APS consultation may be appropriate. (7) If the reported abuse involves an individual who is currently: (a) Receiving APD case management or eligibility services, the assigned APD worker must be notified. (b) An adult foster home resident, the local licensor must be notified. (c) Receiving services from a regulated provider, the appropriate regulating authority must be notified. (d) Receiving services from an APD contracted provider, then the appropriate Central APD unit must be notified. (e) A minor with Child Welfare involvement or an individual up to age 21 receiving services from a Child Caring Agency, then Child Welfare must be notified. (8) The local office must give the reporter of abuse enough information to re-contact the office to determine the disposition of the report, e.g. contact information and intake number for the report. (9) Each local office must establish an afterhours reporting system. Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070 & 411.116, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05
411-020-0070 APS Consultation (1) APS consultation is the process by which APS provides specialized information or assistance, enhanced referral, or technical assistance via electronic means, including telephone, fax, or e-mail, to assist in harm reduction. (2) APS consultation, as an alternative to assessment or investigation, is only appropriate when the reported concern does not meet eligibility criteria for abuse or self-neglect. (3) The local office must maintain a record of reports resolved by APS consultation. Statutory/Other Authority: ORS 409.010, 410.020, 410.040, 410.070, 411.060, 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070, 411.116, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05
411-020-0080 Triage (1) Triage is the APS process of determining the nature and severity of risk to individuals and the immediacy of response required. (2) The local office shall provide for a prompt and timely initial response to all APS referrals meeting the eligibility criteria established in these rules. The specific times for response are governed by the nature and severity of the reported abuse and the rules and laws related to the category of reported abuse. (3) General time frames for response as determined by the Department are as follows: (a) COMMUNITY CASES. (A) IMMEDIATELY FOR EMERGENCY SITUATIONS: Immediately contact 911 when the evidence presented suggests an emergency situation exists, such as the following: (i) A human life is in jeopardy. (ii) The individual is in the process of being harmed due to criminal activity. (iii) A medical emergency. (iv) A fire. (v) There is a clear and present danger of harm to self or others. (B) BY THE END OF THE SAME WORKING DAY: Initiate an investigation by the end of the same working day when the alleged victim has been identified as being in imminent danger. (C) BY THE END OF THE NEXT WORKING DAY: Initiate an investigation by the end of the next working day when the individual is identified as being in a hazardous situation that may lead to increased harm or risk. (D) WITHIN FIVE WORKING DAYS: Initiate an investigation within five working days when screening determines the situation is problematic, one that is chronic or ongoing, or is a situation where an immediate response is unlikely to change the alleged victim's risk level. (b) ASSISTED LIVING, RESIDENTIAL CARE, AND ADULT FOSTER HOME CASES. (A) IMMEDIATELY FOR EMERGENCY SITUATIONS: Immediately contact 911 when the evidence presented suggests an emergency situation exists, such as the following: (i) A human life is in jeopardy. (ii) The individual is in the process of being harmed due to criminal activity. (iii) A medical emergency. (iv) A fire. (v) There is a clear and present danger of harm to self or others. (B) BY THE END OF THE SAME WORKING DAY: Initiate an investigation by the end of the same working day when the alleged victim has been identified as being in imminent danger. (C) BY THE END OF THE NEXT WORKING DAY: Initiate an investigation by the end of the next working day when the individual is identified as being in a hazardous situation that may lead to increased harm or risk. Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 – 124.095, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.500, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05
411-020-0085 Law Enforcement Notification (1) The Department or local office shall immediately notify law enforcement if any of the following conditions exist: (a) Reasonable cause to believe a crime has been committed; (b) Access to the allegedly abused individual is denied and legal assistance is needed in gaining access; (c) The situation presents a credible danger to the Department worker or others and police escort is advisable; (d) Forensic photographic or other evidence is needed; or (e) Those required under OAR 411-020-0123 or 411-020-0126. (2) The Department or local office shall proceed collaboratively with law enforcement in a way that does not further endanger the alleged victim. Any law enforcement officer accompanying the investigator must be identified as such to any party being interviewed. (3) Written notice, regardless of any verbal notice given, shall be provided to law enforcement for all instances when the Department finds there is reasonable cause to believe a crime has been committed. (4) When the local office notifies a law enforcement agency of suspected crime committed against an alleged victim, the local office shall retain any record of the law enforcement agency’s confirmation of receipt of notification. Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 409.010, 410.020, 410.040, 410.060 & 410.070, 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 – 124.095, 409.010, 410.020, 410.040, 410.060 & 410.070, 411.116, 443.500, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 15-2012, f. & cert. ef. 11-28-12 SPD 7-2012(Temp), f. & cert. ef. 6-1-12 thru 11-28-12 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 21-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
411-020-0090 Assessment (1) Assessment is the process by which the APS worker determines the alleged victim's degree of risk, level of functioning, adequacy of information, and ability to protect their own interests. Assessment additionally determines the alleged victim's ability to reduce the risk of harm in their environment and to make informed choices and understand the consequences of those choices. These factors are evaluated in relation to the allegation of abuse or self-neglect. (2) Assessment in APS cases shall be conducted in person with the alleged victim, usually in the alleged victim's home or the facility where the alleged victim lives. (3) The assessment may include: (a) Consultation with family, neighbors, law enforcement, mental health, hospice, in-home services, medical practitioners, domestic violence providers, and other relevant individuals, in keeping with Department confidentiality guidelines. (b) The use of accepted screening tools as well as the worker's professional judgment to determine the alleged victim's safety and functional abilities. (4) If there is evidence the alleged victim's cognitive abilities may be impaired, recognized assessment tools may be administered to gauge those abilities. The initial assessment results shall be used as a screening to determine the need for professional diagnostic or clinical evaluation of the alleged victim's capacity to make informed choices, and to determine an appropriate course of action if clinical evaluation is not available. (5) Upon completion of the initial assessment, APS involvement shall be continued for investigation where there is an alleged perpetrator, or shall proceed directly to intervention where self-neglect is established. (6) Results of the APS assessment of the alleged victim shall be recorded in the Centralized Abuse Management (CAM) system. Statutory/Other Authority: ORS 410.070, 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 410.070, 411.116, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05
411-020-0110 Intervention (1) Intervention is the process by which APS assists the victim to reduce or remove the threat of harm that has placed the victim at risk. (2) Intervention may include, but is not limited to: (a) Arranging for emergency services, such as law enforcement and emergency medical care as needed. (b) Providing education and counseling to the individual at risk and other parties, as appropriate. (c) Facilitating the delivery of additional available support services, including legal, medical, and other services, and helping to arrange for possible alternative living arrangements or alternate decision makers, as needed. (d) Providing advocacy to assure the rights of the alleged victim are protected. (3) Intervention may happen one or more times during the assessment or investigation process, or as an end result of the assessment or investigation. The initial APS intervention is designed to be a short-term crisis response. Longer term interventions may be made available through APS risk management or through non-APS case management. (4) An individual who can make an informed choice may refuse assistance or intervention. In this case, the worker shall provide the individual with appropriate resource information and a way to re-contact APS if a threat of harm recurs or reaches a level unacceptable to the individual. (5) If the individual lacks appropriate information to make an informed choice, the worker must provide or arrange for the provision of relevant information in a manner that is timely, accessible to the individual, and balanced, in order to support the individual's right to make an informed choice. (6) If the individual at risk is unable to make an informed choice due to a lack of capacity, appropriate intervention, if available, may include medical assessment to determine whether capacity may be improved or restored. (7) If the individual at risk is unable to consent to assessment or treatment, consideration may be given to involuntary intervention, including, as appropriate, guardianship, conservatorship, protective orders, or civil commitment. In all such cases, the intervention initiated must be: (a) The least restrictive available; (b) Respectful of the values of the individual at risk; and (c) Sought only when it has been determined that there is no surrogate decision maker in place, or that such individual is not acting responsibly in that role. Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 125.012, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 125.012, 409.010, 410.020, 410.040 & 410.070, 411.116, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05