reglab/housing_qa huggingface dataset:
OR Rev Stat § 124.070 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.070 - Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney.

(1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility. (2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed. (3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department: (a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation; (b) That the investigative findings have been given to the district attorney for review; or (c) That a criminal investigation will take place. (4) If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department. (5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly 410.650; 2009 c.837 §§12,13]
OR Rev Stat § 124.071 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.071 - Deadline to complete abuse investigation; exception; written report required.

(1) Investigations commenced by the Department of Human Services pursuant to ORS 124.070 must be completed by the department on or before 120 days after receipt of the report of abuse made under ORS 124.060, unless there is an ongoing concurrent criminal investigation, in which case the department may take a reasonable amount of additional time in which to complete the investigation. (2) Upon completion of an investigation in accordance with subsection (1) of this section, a written report shall be prepared that includes information as required by rule adopted by the department, including but not limited to the following: (a) The date and location of the report of abuse and of the incident of abuse that was reported; (b) The dates that the investigation was commenced and completed and by what entity; (c) A description of documents and records reviewed during the investigation; (d) An identification of any witness statements that were obtained during the investigation; and (e) A statement of the factual basis for any findings and a summary of the findings made as a result of the investigation. [2014 c.104 §2]
OR Rev Stat § 124.072 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.072 - Required disclosure of protected health information to law enforcement agency; liability for disclosure.

(1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 124.070, and without the consent of the named elderly person or of the named elderly person’s caretaker, fiduciary or other legal representative, a health care provider must: (a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named elderly person; and (b) Upon request of the law enforcement agency, consult with the agency about the protected health information. (2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure. (3) For purposes of this section: (a) "Health care provider" has the meaning given that term in ORS 192.556. (b) "Protected health information" has the meaning given that term in ORS 192.556. [2012 c.70 §6]
OR Rev Stat § 124.073 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.073 - Training for abuse investigators.

(1) The Department of Human Services shall: (a) Using new or existing materials, develop and implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of abuse under ORS 124.070 or 441.650. The curriculum shall address the areas of training and education necessary to facilitate the skills required to investigate reports of abuse, including, but not limited to, risk assessment, investigatory technique, evidence gathering and report writing. (b) Using new or existing materials, develop and implement training for persons that provide care to vulnerable persons to facilitate awareness of the dynamics of abuse, abuse prevention strategies and early detection of abuse. (2) For purposes of this section, "vulnerable person" means a person 65 years of age or older. [2012 c.70 §21] Note: 124.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 124.075 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.075 - Immunity of person making report in good faith; identity confidential.

(1) Anyone participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report. (2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person or by judicial process, or as required to perform the functions under ORS 124.070. [Formerly 410.660; 2005 c.671 §5; 2015 c.179 §5]
OR Rev Stat § 124.077 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.077 - Immunity for disclosure to prospective employer.

A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS 124.005 to 124.040, 124.050 to 124.095 or 124.100 to 124.140, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 §14] Note: 124.077 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 124.080 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.080 - Photographing of victim; photograph as record.

(1) In carrying out its duties under ORS 124.070 a law enforcement agency or the Department of Human Services may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of the investigation. (2) For purposes of ORS 124.090, photographs taken under authority of subsection (1) of this section shall be considered records. [Formerly 410.670]
OR Rev Stat § 124.085 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.085 - Catalog of abuse records; confidentiality.

A proper record of complaints made under ORS 124.060 and 124.065 shall be maintained by the Department of Human Services. The department shall prepare reports in writing when investigation has shown that the condition of the elderly person was the result of abuse even if the cause remains unknown. The complaints and investigative reports shall be cataloged under the name of the victim but shall be treated as confidential information subject to ORS 124.090, and shall be disclosed only with the consent of that person or by judicial process. [Formerly 410.680; 2012 c.70 §11]
OR Rev Stat § 124.087 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.087 - Policies and guidelines to plan for development and standardization of certain resources and technologies.

The Department of Human Services shall adopt policies and guidelines to plan for the development and standardization of resources and technologies to: (1) Create a database, registry or other electronic record of reports of abuse made under ORS 124.060 and 441.640 and investigations of abuse conducted pursuant to ORS 124.070 and 441.650 with information including, but not limited to: (a) The date and location of the report of abuse and the incident of abuse that was reported; (b) If applicable, the date that the initial status report required under ORS 441.650 was completed and a summary of the information required to be contained in the initial status report as set forth in ORS 441.650; (c) The date that the investigation was commenced and by what entity; (d) Any actions taken during the course of the investigation, including but not limited to the actions required under ORS 441.650 (6); (e) The date that a written report, including but not limited to the written report required under ORS 124.071 and 441.650 (6), was completed and a summary of the information contained in the written report; and (f) The disposition of the report of abuse or the investigation of the report, including but not limited to the date and time that the investigation, if applicable, was completed and the date that a letter of determination under ORS 441.677 was prepared; (2) Standardize procedures and protocols for making and responding to reports of abuse made under ORS 124.060 and 441.640; (3) Standardize procedures and protocols for investigations of reports of abuse conducted pursuant to ORS 124.070 and 441.650; and (4) Promote and coordinate communication and information sharing with law enforcement agencies regarding reports and investigations of abuse under ORS 124.060, 124.070, 441.640 and 441.650. [2014 c.104 §4] Note: 124.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 124.088 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.088 - Certain privileges not grounds for excluding evidence in court proceedings.

(1) In the case of abuse of an elderly person, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an elderly person’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 124.050 to 124.095. (2) In any judicial proceedings resulting from a report made pursuant to ORS 124.050 to 124.095, either spouse shall be a competent and compellable witness against the other. (3) As used in this section, "abuse" and "elderly person" have the meanings given those terms in ORS 124.050. [2021 c.323 §1] Note: 124.088 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 124.090 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.090 - Confidentiality of records; exceptions.

(1) Notwithstanding the provisions of ORS 192.311 to 192.478, the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection. (2) Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of the witnesses and the elderly persons, and the reports and records compiled under ORS 124.050 to 124.095, available to: (a) A law enforcement agency; (b) A public agency that licenses or certifies residential facilities or licenses or certifies the persons practicing in the facilities; (c) A public agency or private nonprofit agency or organization providing protective services for the elderly person; (d) The Long Term Care Ombudsman; (e) A public agency that licenses or certifies a person that has abused or is alleged to have abused an elderly person; (f) A court pursuant to a court order or as provided in ORS 125.012; and (g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 to an elderly person, when in the best interests of the elderly person or when necessary to investigate, prevent or treat abuse of an elderly person. (3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 124.050 to 124.095. [Formerly 410.690; 2001 c.900 §21; 2012 c.70 §12]
OR Rev Stat § 124.095 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.095 - Spiritual treatment not abuse.

An elderly person 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 by reason of neglect under ORS 124.050 to 124.095. [Formerly 410.700]
OR Rev Stat § 124.105 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.105 - Physical abuse subject to action.

(1) An action may be brought under ORS 124.100 for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following: (a) Assault, under the provisions of ORS 163.160, 163.165, 163.175 and 163.185. (b) Menacing, under the provisions of ORS 163.190. (c) Recklessly endangering another person, under the provisions of ORS 163.195. (d) Criminal mistreatment, under the provisions of ORS 163.200 and 163.205. (e) Rape, under the provisions of ORS 163.355, 163.365 and 163.375. (f) Sodomy, under the provisions of ORS 163.385, 163.395 and 163.405. (g) Unlawful sexual penetration, under the provisions of ORS 163.408 and 163.411. (h) Sexual abuse, under the provisions of ORS 163.415, 163.425 and 163.427. (i) Strangulation, under ORS 163.187. (2) An action may be brought under ORS 124.100 for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water. (3) An action may be brought under ORS 124.100 for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions: (a) For the purpose of punishing the vulnerable person. (b) For any purpose not consistent with the purposes authorized by a physician or naturopathic physician. (c) For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. [1995 c.671 §2; 2003 c.577 §4; 2005 c.386 §2; 2017 c.356 §9]
OR Rev Stat § 124.110 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.110 - Financial abuse subject to action.

(1) An action may be brought under ORS 124.100 for financial abuse in the following circumstances: (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person. (b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when: (A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and (B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person. (c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020. (2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. [1995 c.671 §3; 1999 c.305 §2; 1999 c.875 §8; 2005 c.386 §3]
OR Rev Stat § 124.115 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.115 - Persons not subject to action.

(1) Except as provided by subsection (2) of this section, an action under ORS 124.100 may not be brought against: (a) Financial institutions, as defined by ORS 706.008; (b) A health care facility, as defined in ORS 442.015; (c) Any facility licensed or registered under ORS chapter 443; or (d) Broker-dealers licensed under ORS 59.005 to 59.505. (2) An action may be brought under ORS 124.100 against a person listed in subsection (1) of this section if: (a) The person is convicted of one of the crimes specified in ORS 124.105 (1); or (b) The person engages in conduct constituting financial abuse as described in ORS 124.110, and the person is convicted of a crime by reason of the conduct. [1995 c.671 §3a; 1997 c.631 §408; 1999 c.305 §3]
OR Rev Stat § 124.120 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.120 - Relief available.

The court may restrain and remedy the conduct described in ORS 124.105 and 124.110 by issuing appropriate orders including but not limited to: (1) A judgment for the remedies provided by ORS 124.100. (2) Restraining orders, temporary injunctions or other actions as the court deems proper, including the acceptance of satisfactory performance bonds, the creation of receiverships, the appointment of qualified receivers and the enforcement of constructive trusts. (3) Ordering any person to divest direct or indirect interest or contact with any person or enterprise. (4) Imposing reasonable restrictions, including permanent injunctions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor or conduct to the extent permitted by the Constitution of the United States and this state. [1995 c.671 §4]
OR Rev Stat § 124.130 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.130 - Statute of limitation.

An action under ORS 124.100 to 124.140 must be commenced within seven years after discovery of the conduct described in ORS 124.105 and 124.110 that gives rise to a cause of action under ORS 124.100 to 124.140. [1995 c.671 §6]
OR Rev Stat § 124.135 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.135 - Remedies not exclusive.

The remedies provided by ORS 124.100 to 124.140 are in addition to any other remedy, civil or criminal, that may be available under any other provision of law. [1995 c.671 §7]
OR Rev Stat § 124.140 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.140 - Estoppel based on criminal conviction.

A defendant convicted in any criminal proceeding of conduct that gives rise to a cause of action under ORS 124.100, whether the conviction results from a plea or verdict, is estopped from denying the conduct for purposes of an action under ORS 124.100 to 124.140. [1995 c.671 §8]
OR Rev Stat § 124.990 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse|Section 124.990 - Criminal penalty.

A person who violates ORS 124.060 commits a Class A violation. [Formerly 410.990]