reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.015 - Hearing upon request of respondent; relief; settlement; effect of proceedings.

(1) The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020 if the respondent, elderly person or person with a disability requests a hearing pursuant to ORS 124.020 (9).
(2) In addition to the relief granted under ORS 124.020, the court, in a hearing held pursuant to subsection (1) of this section, may:
(a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and
(b) Assess against any party reasonable attorney fees and such costs as may be incurred in the hearing.
(3)(a) If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation.
(b) If the elderly person or person with a disability is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.
(4) The court may approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS 124.010. An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS 124.020.
(5) An order or agreement made under ORS 124.005 to 124.040 or ORS 133.310 and 133.381 may not in any manner affect title to any real property.
(6) No undertaking shall be required in any proceeding under ORS 124.005 to 124.040.
(7) Any proceeding under ORS 124.005 to 124.040 shall be in addition to and not in lieu of any other available civil or criminal remedies.
(8) Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.100 to 105.168, a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 to 124.040. [1995 c.666 §§5,5a; 2003 c.257 §3a; 2005 c.671 §9; 2007 c.70 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.022 - Service of restraining order by sheriff; transmission by electronic communication device.

(1) A sheriff may serve a restraining order issued under ORS 124.020 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected.
(2) A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 124.020 that was transmitted to the sheriff by a court or law enforcement agency using an electronic communication device. Before transmitting a restraining order to a sheriff under this subsection by telephonic facsimile or electronic mail, the person sending the copy must receive confirmation from the sheriff’s office that an electronic communication device is available and operating. For purposes of this subsection, "electronic communication device" means a device by which any kind of electronic communication can be made, including but not limited to communication by telephonic facsimile and electronic mail. [2003 c.304 §12; 2007 c.255 §9; 2011 c.269 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.024 - Notice to be given by guardian petitioner.

(1) A guardian petitioner must give notice of the petition, order and related forms prescribed under ORS 124.020 (6) to the elderly person or person with a disability named in the petition.
(2) The guardian petitioner must also serve on the elderly person or person with a disability a notice that contains a statement of the rights of the person as follows:
(a) The right to contact and retain counsel;
(b) The right to have access to personal records;
(c) The right to file objections to the restraining order;
(d) The right to request a hearing to contest all or part of the restraining order; and
(e) The right to present evidence and cross-examine witnesses at any hearing.
(3) Notice provided under subsection (1) of this section must be similar to the notice provided to the respondent and must contain an objection form that the elderly person or person with a disability may complete and mail to the court.
(4) Notice under this section must be personally served on the elderly person or person with a disability. The date of personal service must be not later than 72 hours after the court issues a restraining order under ORS 124.020.
(5) Proof of service under this section must be filed in the proceeding before the court holds a hearing under ORS 124.015. [2003 c.257 §7; 2003 c.257 §7a; 2005 c.671 §10; 2007 c.70 §28; 2015 c.119 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.025 - Removal of personal effects; accompanying peace officer; limitation on liability.

(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer’s duty to arrest under ORS 133.055 and 133.310.
(2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 124.020 is entitled to be accompanied by a peace officer on one occasion only.
(3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects. [1995 c.666 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.035 - Renewal of restraining order.

For good cause shown, the court may renew an order entered under ORS 124.015 or 124.020, and the court may do so regardless of whether there has been a further act of abuse. [1995 c.666 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.040 - Short title.

ORS 124.005 to 124.040 shall be known and may be cited as the "Elderly Persons and Persons With Disabilities Abuse Prevention Act." [1995 c.666 §2; 1999 c.738 §4; 2003 c.264 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.055 - Policy.

The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused elderly persons. [Formerly 410.620]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.060 - Duty of officials to report; exceptions.

(1) Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065.
(2) Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.
(3) An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.
(4) The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [Formerly 410.630; 2009 c.708 §2; 2013 c.352 §6; 2019 c.117 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse › Section 124.065 - Method of reporting; content; notice to law enforcement agency and to department.

(1) When a report is required under ORS 124.060, an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
(2) When a report of a possible crime is received by the department under ORS 124.060, the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance.
(3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification.
(4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the local office of the department in the county where the report was made. [Formerly 410.640; 2009 c.837 §§10,11]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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.
2023 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]
2023 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]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.005 - Definitions.

As used in this chapter:
(1) "Conservator" means a person appointed as a conservator under the provisions of this chapter.
(2) "Fiduciary" means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter.
(3) "Financially incapable" means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. "Manage financial resources" means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.
(4) "Guardian" means a person appointed as a guardian under the provisions of this chapter.
(5) "Incapacitated" means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. "Meeting the essential requirements for physical health and safety" means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.
(6) "Minor" means any person who has not attained 18 years of age.
(7) "Protected person" means a person for whom a protective order has been entered.
(8) "Protective order" means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person.
(9) "Protective proceeding" means a proceeding under this chapter.
(10) "Respondent" means a person for whom entry of a protective order is sought in a petition filed under ORS 125.055.
(11) "Visitor" means a person appointed by the court under ORS 125.150 for the purpose of interviewing and evaluating a respondent or protected person.
(12) "Vulnerable youth" means a person who:
(a) Is at least 18 years of age but has not attained 21 years of age;
(b) Is eligible for classification under 8 U.S.C. 1101(a)(27)(J); and
(c) Cannot be reunified with one or more of the person’s parents due to abuse, neglect or abandonment, that occurred when the person was a minor. [1995 c.664 §1; 2007 c.70 §31; 2021 c.399 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.010 - Protective proceedings.

(1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order.
(2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective proceedings.
(3) The court may appoint any of the following fiduciaries in a protective proceeding:
(a) A guardian, with the powers and duties specified in this chapter.
(b) A conservator, with the powers and duties specified in this chapter.
(c) A temporary fiduciary, with the powers and duties specified in this chapter.
(d) Any other fiduciary necessary to implement a protective order under ORS 125.650.
(4) In addition to appointing a fiduciary, or in lieu of appointing a fiduciary, the court may enter any other protective order in a protective proceeding in the manner provided by ORS 125.650.
(5) The court may make a determination described in ORS 127.550 with regard to an advance directive in a protective proceeding in which a guardian or temporary guardian has been appointed for the principal, or in which the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1995 c.664 §2; 2001 c.396 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.015 - Jurisdiction of protective proceedings; proceedings in other states.

(1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings.
(2) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, if an Oregon court exercising probate jurisdiction becomes aware that a protective proceeding has been commenced in another state, the Oregon court shall notify the court in the other state of the proceedings in this state. After consultation with the court of the other state, the Oregon court shall determine whether it is in the best interests of the respondent or protected person for the Oregon court to continue to exercise jurisdiction in the matter or whether it would be in the best interests of the respondent or protected person to terminate the Oregon proceedings and transfer the matter to the other court. [1995 c.664 §3; 2009 c.179 §23]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.020 - Venue for protective proceedings.

(1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present.
(2) If the respondent resides in an institution by reason of an order of a court, the proceeding may be commenced in the county where that court sits.
(3) If the respondent does not reside in this state and is not present in this state, a conservatorship proceeding may be commenced in any county where property of the respondent is located.
(4) The court may transfer a protective proceeding at any time to another court if the transfer is in the best interests of the respondent or protected person. [1995 c.664 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.030 - Use of limited judgment in protective proceedings.

(1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment.
(2) The court in a protective proceeding may enter a limited judgment only for the following decisions of the court:
(a) A decision on an objection to an accounting.
(b) A decision on placement of a protected person.
(c) A decision on the sale of the residence of a protected person.
(d) A decision on a payment that is authorized or subject to approval under ORS 125.095.
(e) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028.
(3) A court may enter a limited judgment under subsection (2) of this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court’s determination that there is no just reason for delay. [2005 c.568 §36; 2009 c.50 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.035 - Reports to Legislative Assembly regarding protective proceedings.

(1) As used in this section:
(a) "Case subtype" means guardianship, conservatorship or guardianship and conservatorship.
(b) "Case type" means adult protective proceeding or minor protective proceeding.
(2) No later than September 15 of each year, the Judicial Department shall submit, to the interim committees of the Legislative Assembly related to the judiciary, a report on county-level data concerning protective proceedings in Multnomah, Lane and Columbia Counties during the two calendar years immediately preceding the year of the report, including:
(a) The number of protective proceedings initiated, broken out by case type and case subtype;
(b) The number of protective proceedings where the respondent was 65 years of age or older at the time the petition was filed;
(c) The number of protective proceedings granted, broken out by case type and case subtype; and
(d) The number of respondents or protected persons for whom the court appointed counsel under ORS 125.080, broken out by case subtype.
(3) The department, in consultation with the Oregon Public Defense Commission, shall also include in the report described in subsection (2) of this section, to the extent the data is available:
(a) The number of cases with court-appointed counsel where payment for court-appointed counsel was from the assets of the respondent or protected person, broken out by case subtype; and
(b) The aggregate number of hours court-appointed counsel spent representing respondents or protected persons and the average number of hours court-appointed counsel spent per case. [2021 c.400 §2; 2023 c.281 §23]
Note:
Section 3, chapter 400, Oregon Laws 2021, provides:
Sec. 3.
The Judicial Department shall submit the first report required under section 2 of this 2021 Act [125.035] no later than September 15, 2024, and annually thereafter. [2021 c.400 §3]
Note:
125.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.065 - Manner of giving notice.

(1) Except as provided in ORS 125.060, notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the respondent is a minor. The notice may not be served on the respondent by the visitor appointed by the court. The notice shall be written in language reasonably understandable by the respondent. The notice must be printed in type size equal to at least 12-point type.
(2) Except as provided in subsection (1) of this section, the notices required under ORS 125.060 may be mailed to the last-known address of the person. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, notice of the filing of a petition may be given by publishing at least once a week for three consecutive weeks a copy of the notice in a newspaper having general circulation in the county where the hearing is to be held. The last publication of the notice must be at least 15 days before the final date for the filing of objections.
(3) The date of personal service or mailing under this section must be at least 15 days before the final date for the filing of objections to the petition or motion. If the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act provided for in ORS 109.701 to 109.834, the date of service or mailing must be at least 21 days before the final date for the filing of objections to the petition or motion.
(4) The court for good cause shown may provide for a different method or time of giving notice under this section.
(5) Proof of the giving of notice must be filed in the proceeding before the court enters any order on a petition or motion. [1995 c.664 §9; 1999 c.649 §53; 2021 c.399 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 125 - Protective Proceedings › Section 125.075 - Presentation of objections.

(1) Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to a motion in a protective proceeding, including but not limited to:
(a) Any person entitled to receive notice under ORS 125.060.
(b) Any stepparent or stepchild of the respondent or protected person.
(c) Any other person the court may allow.
(2) Objections to a petition may be either written or oral. Objections to a motion must be in writing, except that a protected person may object orally in person or by other means that are intended to convey the protected person’s objections to the court. Objections to a petition or to a motion must be made or filed with the court within 15 days after notice of the petition or motion is served or mailed in the manner prescribed by ORS 125.065. The court shall designate the manner in which oral objections may be made that ensures that a protected person will have the protected person’s objection presented to the court. The clerk of the court shall provide a means of reducing the oral objections to a signed writing for the purpose of filing the objection.
(3) If objections are presented by any of the persons listed in subsection (1) of this section, the court shall schedule a hearing on the objections. The petitioner or person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for hearing. Notice shall be given in the manner prescribed by ORS 125.065.
(4) Notwithstanding ORS 21.170, the court may not charge or collect any fee for the filing of objections under the provisions of this section or for the filing of any motion from any of the following:
(a) The respondent or the protected person;
(b) The office of the Long Term Care Ombudsman; or
(c) The system described in ORS 192.517 (1).
(5) The court for good cause shown may provide for a different method or time of giving notice under subsection (3) of this section. [1995 c.664 §11; 2011 c.595 §129; 2015 c.365 §1; 2017 c.391 §3]