reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.646 - Priorities for services for persons with mental or emotional disturbances.

In allocating funds for community mental health programs affecting persons with mental or emotional disturbances, the Oregon Health Authority shall observe the following priorities:
(1) To ensure the establishment and operation of community mental health programs for persons with mental or emotional disturbances in every geographic area of the state to provide some services in each category of services described in ORS 430.630 (3) unless a waiver has been granted;
(2) To ensure survival of services that address the needs of persons within the priority of services under ORS 430.644 and that meet authority standards;
(3) To develop the interest and capacity of community mental health programs to provide new or expanded services to meet the needs for services under ORS 430.644 and to promote the equal availability of such services throughout the state; and
(4) To encourage and assist in the development of model projects to test new services and innovative methods of service delivery. [Formerly 430.685]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.648 - Funding distribution formula; matching funds; administrative expenses.

(1) Within the limits of state funds, community mental health program services shall be funded as follows:
(a) Services defined in ORS 430.630 (1) and (2) shall be funded up to 100 percent with state funds.
(b) State funds available for payments to community mental health programs for services under ORS 430.630 (3) shall be paid by the Oregon Health Authority to the programs under the priorities set forth in ORS 430.646.
(2) If a group of counties acts jointly to operate a community mental health program or community developmental disabilities program, state funds shall be allocated, and the counties’ contributions shall be prorated, in accordance with the agreement establishing the program.
(3) The counties or other entities operating community mental health programs or community developmental disabilities programs shall not be required to match funds granted under subsections (1) and (2) of this section. However, the Department of Human Services or the Oregon Health Authority may require matching funds if they are required as a condition of receipt of federal funds and the county or entity agrees to match funds.
(4) A reasonable portion of state funds granted under subsection (1)(b) of this section may be expended by community mental health programs and their subcontractors for expenses incurred in administering services. [Formerly 430.690]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.651 - Use of population data in funding formula.

(1) If the Oregon Health Authority uses a formula for allocating to counties moneys, and if the formula includes population as a factor in determining the amount of each allocation, the authority shall calculate the formula annually using the most current population data that is available.
(2) The authority shall use as the source of the population data required by subsection (1) of this section the primary population research center that is part of Portland State University. [Formerly 430.693; 2013 c.768 §143]
Note:
430.651 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.664 - Requirements for developmental disabilities programs and support service brokerages.

(1) Each community developmental disabilities program and support service brokerage shall have a developmental disability advisory committee.
(2) A person with an intellectual or developmental disability who is served by a support service brokerage, and the person’s family members, shall have an opportunity for a formal, significant, continuing role in advising the support service brokerage regarding the design, implementation and quality assurance of the support service brokerage. [2011 c.720 §174; 2019 c.276 §7; 2023 c.128 §1]
Note:
430.664 was added to and made a part of 430.610 to 430.695 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.665

[1981 c.750 §5; 2005 c.691 §4; 2007 c.70 §232; 2009 c.595 §512; renumbered 430.634 in 2011]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.670 - Contracts to provide services; approval of department or authority; competition for subcontracts; exception.

(1) A community developmental disabilities program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community developmental disabilities program for all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall comply with rules adopted by the Department of Human Services.
(2) A community mental health program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community mental health program for all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall comply with rules adopted by the Oregon Health Authority.
(3) A private corporation that contracts with a county, the Department of Human Services or the Oregon Health Authority to operate a community mental health program or community developmental disabilities program shall provide an opportunity for competition among private care providers when awarding subcontracts for provision of services described in ORS 430.630 (1) to (3) and 430.662.
(4) In keeping with the principles of family support expressed in ORS 417.342 and notwithstanding subsection (3) of this section or ORS 291.047 (3), an entity operating a community mental health program or community developmental disabilities program may purchase services for an individual from a service provider without first providing an opportunity for competition among other service providers if the service provider is selected by the individual, the individual’s family or the individual’s guardian, as long as the service provider has been approved by the department or the authority to provide such service. [1963 c.117 §1; 1973 c.639 §7; 1981 c.750 §14; 1999 c.524 §1; 2009 c.595 §513; 2011 c.720 §180; 2023 c.128 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.672 - Contract requirements for community mental health or developmental disabilities programs.

(1) A county may impose only standards, requirements and conditions for mental health or developmental disabilities programs that are substantially similar to the standards, requirements and conditions established for such programs by the Department of Human Services or the Oregon Health Authority.
(2) When a county contracts with a public agency or private corporation for a community mental health program or community developmental disabilities program, the county shall include in the contract only terms that are substantially similar to model contract terms developed by the authority under ORS 430.640 or the department under ORS 430.662. The county may not add contractual requirements, including qualifications for contractor selection, that are nonessential to the services provided under ORS 430.630 or 430.662. The county may add contract requirements that the county considers necessary to ensure the siting and maintenance of facilities of the community mental health program or community developmental disabilities program.
(3) Subsections (1) and (2) of this section apply only insofar as funds are provided by the department to the county for community developmental disabilities programs or by the authority to the county for community mental health programs and do not apply to programs operated by counties without funding from the department or the authority. [1999 c.524 §3; 2001 c.899 §4; 2009 c.595 §514; 2009 c.828 §25; 2011 c.720 §181; 2013 c.36 §32; 2021 c.192 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.673 - Mediation; retaliation prohibited; action for damages; attorney fees; rules.

(1) When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopted by the department.
(2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under this chapter, either party may request mediation under rules adopted by the authority.
(3) A county may not retaliate against a community mental health program or community developmental disabilities program solely because the program:
(a) Requested mediation under subsection (1) or (2) of this section;
(b) Requested dispute resolution or filed an appeal under rules adopted by the department or the authority; or
(c) Initiated a contested case proceeding otherwise available under ORS chapter 183 with respect to a dispute described in subsection (1) or (2) of this section.
(4) For purposes of this section, "retaliate" means an adverse action taken by a county against a community mental health program or a community developmental disabilities program to:
(a) Materially alter or terminate the contract between the county and the community mental health program or community developmental disabilities program; or
(b) Fail to renew the contract between the county and the community mental health program or community developmental disabilities program.
(5) Notwithstanding any other remedy provided by law, a community mental health program or community developmental disabilities program against which a county has retaliated in violation of subsection (3) of this section may bring an action against the county for actual damages or $1,000, whichever is greater. The court shall award reasonable attorney fees to the prevailing party in an action under this subsection. An action described in this section shall be considered a tort claim under ORS 30.260 to 30.300. Except as provided in this section, the provisions of ORS 30.260 to 30.300 apply to an action described in this section.
(6) In accordance with any applicable provision of ORS chapter 183, the department or the authority may adopt rules to carry out the provisions of this section. [1999 c.524 §4; 2003 c.430 §1; 2009 c.595 §515]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.694 - Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds.

In all cases where federal granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern notwithstanding any provision to the contrary in ORS 430.610 to 430.695. [Formerly 430.660]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.695 - Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts.

(1) Any program fees, third-party reimbursements, contributions or funds from any source, except client resources applied toward the cost of care in group homes for persons with developmental disabilities or mental illness and client resources and third-party payments for community psychiatric inpatient care, received by a community mental health program or a community developmental disabilities program are not an offset to the costs of the services and may not be applied to reduce the program’s eligibility for state funds, providing the funds are expended for mental health or developmental disabilities services approved by the Oregon Health Authority or the Department of Human Services.
(2) Within the limits of available funds, the authority and the department may contract for specialized, statewide and regional services including but not limited to group homes for persons with developmental disabilities or mental or emotional disturbances, day and residential treatment programs for children and adolescents with mental or emotional disturbances and community services for clients of the Psychiatric Security Review Board under ORS 161.315 to 161.351.
(3) Fees and third-party reimbursements, including all amounts paid pursuant to Title XIX of the Social Security Act by the Department of Human Services or the Oregon Health Authority, for mental health services or developmental disabilities services and interest earned on those fees and reimbursements shall be retained by the community mental health program or community developmental disabilities program and expended for any service that meets the standards of ORS 430.630 or 430.662. [1981 c.750 §9; 2007 c.70 §234; 2007 c.71 §118; 2009 c.595 §520; 2011 c.708 §28; 2011 c.720 §182; 2017 c.442 §27; 2021 c.192 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.705 - Mental health services for children.

Notwithstanding ORS 430.640, the State of Oregon, through the Oregon Health Authority, may establish the necessary facilities and provide comprehensive mental health services for children throughout the state. These services may include, but need not be limited to:
(1) The prevention of mental illness, emotional disturbances and drug dependency in children; and
(2) The treatment of children with mental illness, emotional disturbances and drug dependency. [1971 c.300 §2; 1999 c.59 §122; 2001 c.900 §140a; 2007 c.70 §235; 2009 c.595 §521]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.708 - Priority for preventive services for children.

The children’s mental health programs of the Oregon Health Authority shall address preventive services under ORS 430.630 (3)(L). The authority budget shall give high priority to such services. [Formerly 430.635]
Note:
430.708 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.709 - Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers.

(1) In accordance with ORS 430.357, and consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority may fund regional centers for the treatment of adolescents with drug and alcohol dependencies.
(2) The authority shall define by rule a minimum number of inpatient beds and outpatient slots necessary for effective treatment and economic operation of any regional center funded by state funds.
(3) The areas to be served by any treatment facility shall be determined by the following:
(a) Areas that demonstrate the most need;
(b) Areas with no treatment program or an inadequate program; and
(c) Areas where there is strong, organized community support for youth treatment programs.
(4) The area need is determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342 using the following information:
(a) Current area youth admissions to treatment programs;
(b) Per capita consumption of alcohol in the area;
(c) Percentage of area population between 10 and 18 years of age;
(d) Whether the area has effective, specialized outpatient and early intervention services in place;
(e) Whether the area suffers high unemployment and economic depression; and
(f) Other evidence of need.
(5) As used in this section, "regional center" means a community residential treatment facility including intensive residential and outpatient care for adolescents with drug and alcohol dependencies. [Formerly 430.395]
Note:
430.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.715 - Hospital services; child care and residential treatment programs; other services.

The Oregon Health Authority may contract for general hospital services and may provide or contract with public or private agencies or persons to provide child care and residential treatment programs to implement the objectives of ORS 430.705. The authority may also purchase or contract for specific services and supplies for treatment of individual children. [1971 c.300 §3; 1995 c.278 §53; 2009 c.595 §522]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.725 - Gifts and grants.

The Oregon Health Authority shall have authority to contract with private, nonprofit agencies and persons for receipt of grants-in-aid and other funds to be applied to child mental health service programs. [1971 c.300 §4; 2009 c.595 §523]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.731 - Uniform investigation procedures; rules.

(1) The Department of Human Services or a designee of the department shall conduct the investigations and make the findings required by ORS 430.735 to 430.765.
(2) The department shall prescribe by rule policies and procedures for the investigations of allegations of abuse of a person with a developmental disability as described in ORS 430.735 (2)(a) to ensure that the investigations are conducted in a uniform, objective and thorough manner in every county of the state including, but not limited to, policies and procedures that:
(a) Limit the duties of investigators solely to conducting and reporting investigations of abuse;
(b) Establish investigator caseloads based upon the most appropriate investigator-to-complaint ratios;
(c) Establish minimum qualifications for investigators that include the successful completion of training in identified competencies; and
(d) Establish procedures for the screening and investigation of abuse complaints and establish uniform standards for reporting the results of the investigation.
(3) A person employed by or under contract with the department, the designee of the department or a community developmental disabilities program to provide case management services may not serve as the lead investigator of an allegation of abuse of a person with a developmental disability.
(4) The department shall monitor investigations conducted by a designee of the department. [2009 c.837 §7; 2009 c.828 §82]
Note:
430.731 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.737 - Mandatory reports and investigations.

The Legislative Assembly finds that for the purpose of preventing abuse and safeguarding and enhancing the welfare of adults with mental illness or developmental disabilities, it is necessary and in the public interest to require mandatory reports and thorough and unbiased investigations of adults with mental illness or developmental disabilities who are allegedly abused. [1991 c.744 §1; 2003 c.443 §1; 2007 c.70 §237]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.738 - Privileges not applicable to abuse proceedings.

(1) In the case of abuse of an adult, 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 adult’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 to 430.765.
(2) In any judicial proceedings resulting from a report made pursuant to ORS 430.735 to 430.765, either spouse shall be a competent and compellable witness against the other.
(3) As used in this section, "abuse" and "adult" have the meanings given those terms in ORS 430.735. [2021 c.323 §2]
Note:
430.738 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.739 - County multidisciplinary teams; protocols; reports.

(1) The district attorney in each county shall be responsible for developing county multidisciplinary teams to consist of but not be limited to personnel from the community mental health program, the community developmental disabilities program, the Department of Human Services or a designee of the department, the Oregon Health Authority or a designee of the authority, the local area agency on aging, the district attorney’s office, law enforcement and an agency that advocates on behalf of individuals with disabilities, as well as others specially trained in the abuse of adults. A district attorney may delegate the responsibility to develop a county multidisciplinary team under this subsection to a designee or administrator who is or will be a member of the team pursuant to a written agreement.
(2) The teams shall develop a written protocol for immediate investigation of and notification procedures for cases of abuse of adults and for interviewing the victims. Each team also shall develop written agreements signed by member agencies that are represented on the team that specify:
(a) The role of each member agency;
(b) Procedures to be followed to assess risks to the adult;
(c) Guidelines for timely communication between member agencies; and
(d) Guidelines for completion of responsibilities by member agencies.
(3) Each team member shall have access to training in risk assessment, dynamics of abuse of adults and legally sound interview and investigatory techniques.
(4) All investigations of abuse of adults by the department or its designee or the authority or its designee and by law enforcement shall be carried out in a manner consistent with the protocols and procedures called for in this section.
(5) All information obtained by the team members in the exercise of their duties is confidential.
(6) Each team shall develop and implement procedures for evaluating and reporting compliance of member agencies with the protocols and procedures required under this section.
(7) Each team shall report to the Department of Justice and the Oregon Criminal Justice Commission, no later than July 1 of each year, the number of:
(a) Substantiated allegations of abuse of adults in the county for the preceding calendar year.
(b) Substantiated allegations of abuse referred to law enforcement because there was reasonable cause found that a crime had been committed.
(c) Allegations of abuse that were not investigated by law enforcement.
(d) Allegations of abuse that led to criminal charges.
(e) Allegations of abuse that led to prosecution.
(f) Allegations of abuse that led to conviction. [2009 c.837 §8; 2009 c.828 §83; 2013 c.352 §10]
Note:
430.739 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.743 - Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services.

(1) When a report is required under ORS 430.765, an oral report shall be made immediately by telephone or otherwise to the Department of Human Services, the designee of the department or a law enforcement agency within the county where the person making the report is at the time of contact. If known, the report shall include:
(a) The name, age and present location of the allegedly abused adult;
(b) The names and addresses of persons responsible for the adult’s care;
(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;
(d) Any information that led the person making the report to suspect that abuse has occurred plus any other information that the person believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator; and
(e) The date of the incident.
(2) When a report is received by the department’s designee under this section, the designee shall immediately determine whether abuse occurred and if the reported victim has sustained any serious injury. If so, the designee shall immediately notify the department. If there is reason to believe a crime has been committed, the designee shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. If the designee is unable to gain access to the allegedly abused adult, the designee may contact the law enforcement agency for assistance and the agency shall provide assistance. 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 department in cases of serious injury or death.
(3) Upon receipt of a report of abuse under this section, the department or its designee shall notify:
(a) The agency providing primary case management services to the adult; and
(b) The guardian or case manager of the adult, unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse. [1991 c.744 §4; 2001 c.900 §141; 2009 c.837 §16; 2021 c.97 §50]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.746 - Training requirements for persons investigating reports of alleged abuse.

Any designee of the Department of Human Services who makes a determination or conducts an investigation under ORS 430.743 or 430.745 shall receive training and consultation that is necessary to allow the designee to make the determination or conduct a thorough and unbiased investigation. The training required under this section shall address the cultural and social diversity of the people of this state. [2003 c.443 §3]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.747 - Photographs of victim during investigation; exception; photographs as records.

(1) In carrying out its duties under ORS 430.735 to 430.765, a law enforcement agency or the Department of Human Services’ designee 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 investigation unless the victim knowingly refuses to be photographed.
(2) For purposes of ORS 430.763, photographs taken under authority of subsection (1) of this section shall be considered case records. [1991 c.744 §6]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.753 - Immunity of persons making reports in good faith; confidentiality.

(1) Anyone participating in good faith in making a report of abuse pursuant to ORS 430.743 and 430.765 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 the report. The participant shall have the same immunity with respect to participating in any judicial proceeding resulting from the 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, by judicial order or as otherwise permitted by ORS 430.763. [1991 c.744 §7; 2015 c.179 §6; 2021 c.97 §51]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.755 - Retaliation prohibited; liability for retaliation.

(1) A facility, community program or person shall not retaliate against any person who reports in good faith suspected abuse or against the allegedly abused adult with respect to any report.
(2) Any facility, community program or person that retaliates against any person because of a report of suspected abuse shall be liable in a private action to that person for actual damages and, in addition, a penalty up to $1,000, notwithstanding any other remedy provided by law.
(3)(a) Any adverse action is evidence of retaliation if taken within 90 days of a report.
(b) For purposes of this subsection, "adverse action" means any action taken by a facility, community program or person involved in a report against the person making the report or against the adult with respect to whom the report was made because of the report, and includes but is not limited to:
(A) Discharge or transfer from the facility, except for clinical reasons;
(B) Discharge from or termination of employment;
(C) Demotion or reduction in remuneration for services; or
(D) Restriction or prohibition of access to the facility or its residents. [1991 c.744 §8; 2003 c.443 §5]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.756 - Immunity of employer reporting abuse by employee.

A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services or a law enforcement agency to have committed abuse under ORS 430.735 to 430.765, 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 §19]
Note:
430.756 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.757 - Reports of abuse to be maintained by Department of Human Services.

A proper record of all reports of abuse made under ORS 430.743 and 430.765 shall be maintained by the Department of Human Services. [1991 c.744 §9; 2021 c.97 §52]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.763 - Confidentiality of records; when record may be made available to agency.

Notwithstanding the provisions of ORS 192.311 to 192.478, the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection. However, the Department of Human Services shall make this information and any investigative report available to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses or certifies the persons practicing therein and to any public agency providing protective services for the adult, if appropriate. The department shall also make this information and any investigative report available to any private agency providing protective services for the adult and to the system described in ORS 192.517 (1). When this information and any investigative report is made available to a private agency, the confidentiality requirements of this section apply to the private agency. [1991 c.744 §10; 2003 c.14 §240; 2005 c.498 §9]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.765 - Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice.

(1) Any public or private official who has reasonable cause to believe that any adult with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused an adult, shall report or cause a report to be made in the manner required in ORS 430.743.
(2) Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by subsection (1) of this section, except that a psychiatrist, psychologist, member of the clergy or attorney may not be required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.
(3) An adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765. [1991 c.744 §§3,11; 2017 c.346 §2; 2021 c.97 §53]
Note:
See note under 430.735.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.768 - Claims of self-defense addressed in certain reports of abuse; review teams; rules.

(1) When the Department of Human Services investigates a report of abuse under ORS 430.735 to 430.765 at a residential training home as defined in ORS 443.400 that is operated by the department or a report of abuse at a state hospital described in ORS 426.010, the department shall address in the written report of its findings whether the person alleged to be responsible for the abuse was acting in self-defense.
(2) The department shall make a finding that the allegation of abuse is unsubstantiated if the department finds that:
(a) The person was acting in self-defense in response to the use or imminent use of physical force;
(b) The amount of force used was reasonably necessary to protect the person from violence or assault; and
(c) The person used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the department by rule.
(3) Notwithstanding ORS 179.505, the department shall disclose to the person alleged to be responsible for the abuse a copy of its findings under subsection (1) of this section if the allegation of abuse is substantiated.
(4) If a person makes a claim of self-defense during an investigation of a report of abuse and the allegation is found to be substantiated, the person may ask the Director of Human Services to review the finding. The director shall appoint a review team to conduct the review and make a recommendation to the director under procedures adopted by the director by rule.
(5) As used in this section, "self-defense" means the use of physical force upon another person in self-defense or to defend a third person. [2005 c.660 §1]
Note:
430.768 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.850 - Treatment program; eligibility.

(1) Subject to the availability of funds therefor, the Oregon Health Authority may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment, who is eligible under subsection (2) of this section to participate in such program. The program must meet minimum standards established by the authority under ORS 430.357.
(2) A person eligible to participate in the program is a person who:
(a)(A) Has been convicted of driving under the influence of alcohol if such conviction has not been appealed, or if such conviction has been appealed, whose conviction has been sustained upon appeal; or
(B) Has been convicted of any crime committed while the defendant was intoxicated if such conviction has not been reversed on appeal, and when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment; and
(b)(A) Has been referred by the participating court to the authority for participation in the treatment program;
(B) Prior to sentencing, has been medically evaluated by the authority and accepted by the authority as a participant in the program;
(C) Has consented as a condition to probation to participate in the program; and
(D) Has been sentenced to probation by the court, a condition of which probation is participation in the program according to the rules adopted by the authority under ORS 430.870. [1973 c.340 §1; 1993 c.14 §25; 2009 c.595 §525; 2011 c.673 §36]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.860 - Participation in program; report to court.

The Oregon Health Authority may:
(1) Accept for medical evaluation any person meeting the conditions defined in ORS 430.850 (2)(a) and referred for participation in the program by a participating court, cause such medical evaluation to be made and report the results of the evaluation to the referring court;
(2) Within the limitation of funds available to the program, accept any person as a participant in the program who is eligible under ORS 430.850 (2) and whose medical evaluation shows the person suitable to participate in the program; and
(3) Report to the referring court the progress of, and any violation of rules of the authority adopted under ORS 430.870 by, a participant. [1973 c.340 §2; 2009 c.595 §526; 2011 c.673 §37]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.870 - Rules.

The Oregon Health Authority shall adopt rules necessary to the efficient administration and functioning of the program and rules regulating the conduct of participants in the program. Rules regulating the conduct of participants in the program shall include but not be limited to rules requiring participants to keep appointments and the time, place and frequency of any dosages. [1973 c.340 §3; 2009 c.595 §527]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.880 - Gifts, grants or services.

(1) The Oregon Health Authority may accept gifts and apply for and accept grants or services from the federal government or any of its agencies, from associations, individuals and private corporations to carry out the purposes of ORS 430.850 to 430.880.
(2) All moneys received by the authority under ORS 430.850 to 430.880 shall be paid into the State Treasury and deposited in the General Fund to the credit of a special account. Such moneys are appropriated continuously to the authority for the purposes of ORS 430.850 to 430.880. [1973 c.340 §4; 2009 c.595 §528]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.900 - Definitions for ORS 430.900 to 430.930.

As used in ORS 430.900 to 430.930, "substance" has the meaning of "controlled substance" as defined in ORS 475.005 and includes alcoholic beverages or other substances with abuse potential. [1989 c.1046 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.905 - Policy.

The Legislative Assembly declares:
(1) Because the growing numbers of pregnant substance users and drug- and alcohol-affected infants place a heavy financial burden on Oregon’s taxpayers and those who pay for health care, it is the policy of this state to take effective action that will minimize these costs.
(2) Special attention must be focused on preventive programs and services directed at women at risk of becoming pregnant substance users as well as on pregnant women who use substances or who are at risk of substance use or abuse.
(3) It is the policy of this state to achieve desired results such as alcohol- and drug-free pregnant women and healthy infants through a holistic approach covering the following categories of needs:
(a) Biological-physical need, including but not limited to detoxification, dietary and obstetrical.
(b) Psychological need, including but not limited to support, treatment for anxiety, depression and low self-esteem.
(c) Instrumental need, including but not limited to child care, transportation to facilitate the receipt of services and housing.
(d) Informational and educational needs, including but not limited to prenatal and postpartum health, substance use and parenting. [1989 c.1046 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.915 - Health care providers to encourage counseling and therapy.

If during routine pregnancy or prenatal care, the attending health care provider determines that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, or the patient admits such use to the provider, it is the policy of this state that the provider encourage and facilitate counseling, drug therapy and other assistance to the patient in order to avoid having the child, when born, become subject to protective services. [1989 c.1046 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.920 - Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances.

(1) The attending health care provider shall perform during the first trimester of pregnancy or as early as possible a risk assessment which shall include an assessment for drug and alcohol usage. If the results of the assessment indicate that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, the provider shall tell the patient about the potential health effects of continued substance abuse and recommend counseling by a trained drug or alcohol abuse counselor.
(2) The provider shall supply demographic information concerning patients described in subsection (1) of this section to the Alcohol and Drug Policy Commission, for purposes related to the commission’s accountability and data collection system, and to the local public health administrator, as defined in ORS 431.003, without revealing the identity of the patients. The local public health administrator shall use forms prescribed by the Oregon Health Authority and shall send copies of the forms and any compilation made from the forms to the authority at such times as the authority may require by rule.
(3) The provider, if otherwise authorized, may administer or prescribe controlled substances that relieve withdrawal symptoms and assist the patient in reducing the need for unlawful controlled substances according to medically acceptable practices. [1989 c.1046 §4; 2009 c.595 §529; 2011 c.673 §38; 2015 c.736 §70]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.930 - Substance use disorder education at Oregon Health and Science University.

The Oregon Health and Science University shall have an integrated curriculum in the medical school to teach medical students drug and alcohol abuse assessment and treatment procedures and practices. [1989 c.1046 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.955 - Standardized screening instrument; assessing drug use during pregnancy.

(1) The Oregon Health Authority and the Oregon Health and Science University shall develop a standardized screening instrument designed to identify the use of substances during pregnancy.
(2) The authority and the Oregon Health and Science University shall request the boards responsible for the licensing of health care providers and appropriate professional organizations to work with them to conduct a series of training sessions for health professionals who provide maternity care on how to assess drug use in pregnancy. [1991 c.706 §4; 2001 c.900 §142; 2009 c.595 §531]
Note:
430.955 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.