OAR 407-045-0120
Adult Mental Health Abuse Rules: Purpose and Scope


(1) Effective 0701/2019, these rules, OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams), prescribe the standards and procedures for the investigation of reported abuse, and the assessment for and provision of protective services for adults:
(a) With a severe and persistent mental illness while in mental health treatment from a community program; or
(b) While receiving services for mental illness in a facility.
(2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the community mental health programs (CMHP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner.
(3) For the purpose of carrying out these rules, OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams), community mental health programs are Department designees as used in ORS 430.731 (Uniform investigation procedures) and 430.735 (Definitions for ORS 430.735 to 430.765) through 430.765 (Duty of officials to report abuse).
(4) OTIS or CMHP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.768 (Claims of self-defense addressed in certain reports of abuse) and these rules.
(5) These rules ensure affording safety and protection assessments to adults with mental illness upon receipt of a complaint of abuse, while balancing the duty of the Department and community mental health program designees to investigate alleged abuses within services. Therefore investigations of alleged abuse are limited to incidents involving:
(a) Residents receiving services at facilities; or
(b) Adults with severe and persistent mental illness while receiving mental health treatment from a community program and the accused is either:
(A) A mental health treatment service provider; or
(B) A caregiver for the adult.
(6) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person (AP) in an abuse investigation conducted under these rules, OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams).
(7) Complaints of alleged abuse of adults while a patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR 407-045-0405 (Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope) to 407-045-0495 (Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents).

Source: Rule 407-045-0120 — Adult Mental Health Abuse Rules: Purpose and Scope, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0120.

407–045–0120
Adult Mental Health Abuse Rules: Purpose and Scope
407–045–0130
Adult Mental Health Abuse Rules: Definitions and Acronyms
407–045–0140
Adult Mental Health Abuse Rules: Training for Individuals Investigating Reports of Alleged Abuse
407–045–0150
Adult Mental Health Abuse Rules: Initial Action on Complaints of Alleged Abuse
407–045–0160
Adult Mental Health Abuse Rules: Screening Activities and Initial Notices
407–045–0170
Adult Mental Health Abuse Rules: Assessment for and Provision of Protective Services to the Adult
407–045–0180
Adult Mental Health Abuse Rules: Death Reporting
407–045–0190
Adult Mental Health Abuse Rules: Investigation of Alleged Abuse
407–045–0200
Adult Mental Health Abuse Rules: Abuse Investigation Report
407–045–0210
Adult Mental Health Abuse Rules: Notification of Outcome
407–045–0220
Adult Mental Health Abuse Rules: Disclosure of the Abuse Investigation Report
407–045–0230
Adult Mental Health Abuse Rules: Department Investigation of Alleged Abuse
407–045–0240
Adult Mental Health Abuse Rules: County Multidisciplinary Teams
407–045–0250
Adult Developmental Disabilities Abuse Rules: Purpose and Scope
407–045–0260
Adult Developmental Disabilities Abuse Rules: Definitions
407–045–0280
Adult Developmental Disabilities Abuse Rules: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse
407–045–0285
Adult Developmental Disabilities Abuse Rules: Initial Action on Complaints of Alleged Abuse
407–045–0291
Adult Developmental Disabilities Abuse Rules: Screening Activities and Initial Notices
407–045–0295
Adult Developmental Disabilities Abuse Rules: Assessment for and Provision of Protective Services to the Adult
407–045–0298
Adult Developmental Disabilities Abuse Rules: Death Reporting
407–045–0300
Adult Developmental Disabilities Abuse Rules: Investigation of Alleged Abuse
407–045–0320
Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report
407–045–0325
Adult Developmental Disabilities Abuse Rules: Notifications at the Conclusion of an Investigation
407–045–0330
Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents
407–045–0360
Adult Developmental Disabilities Abuse Rules: Department Investigation of Alleged Abuse
407–045–0370
Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams
407–045–0405
Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope
407–045–0415
Oregon State Hospital Patient Abuse Investigation Rules: Definitions and Acronyms
407–045–0425
Oregon State Hospital Patient Abuse Investigation Rules: Training for Individuals Investigating Reports of Alleged Abuse
407–045–0435
Oregon State Hospital Patient Abuse Investigation Rules: Initial Action on Complaints of Alleged Abuse
407–045–0445
Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice
407–045–0455
Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients
407–045–0465
Oregon State Hospital Patient Abuse Investigation Rules: Investigation by the Department’s Office of Training, Investigations and Safety
407–045–0475
Oregon State Hospital Patient Abuse Investigation Rules: Abuse Investigation and Protective Services Report
407–045–0485
Oregon State Hospital Patient Abuse Investigation Rules: Notifications at the Conclusion of an Investigation
407–045–0495
Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents
407–045–0605
Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination
407–045–0615
Adult Abuse Investigations: Lay Representation in Contested Case Hearings
407–045–0645
Adult Developmental Disabilities Abuse Rules: Death Reporting Reviews for Adults in Developmental Disabilities Services
407–045–0800
Child-In-Care Abuse Rules: Purpose
407–045–0820
Child-In-Care Abuse Rules: Definitions
407–045–0825
Child-In-Care Abuse Rules: Screening Activities
407–045–0835
Child-In-Care Abuse Rules: Determining Response
407–045–0855
Child-In-Care Abuse Rules: Notifications at the Conclusion of Screening
407–045–0885
Child-In-Care Abuse Rules: Investigating Reports of Abuse
407–045–0886
Child-In-Care Abuse Rules: Exception to Completing an Investigation
407–045–0887
Child-In-Care Abuse Rules: Abuse Determination
407–045–0890
Child-In-Care Abuse Rules: Abuse Investigation Report
407–045–0895
Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation
407–045–0905
Child-In-Care Abuse Rules: Contested Case Proceeding for a Substantiated Abuse Determination
407–045–0913
Child-In-Care Abuse Rules: Lay Representation in Contested Case Hearings
407–045–0955
Child-In-Care Abuse Rules: Confidentiality
407–045–1000
Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope
407–045–1010
Adult Residential Substance Use Disorder Investigation Rules: Definitions
407–045–1020
Adult Residential Substance Use Disorder Investigation Rules: Training for OTIS Investigators and Abuse Reviewers
407–045–1030
Adult Residential Substance Use Disorder Investigation Rules: Initial Action on Complaints of Alleged Abuse
407–045–1040
Adult Residential Substance Use Disorder Investigation Rules: Screening Activities and Initial Notice
407–045–1050
Adult Residential Substance Use Disorder Investigation Rules: Assessment for and Provision of Protective Services for Residents
407–045–1060
Adult Residential Substance Use Disorder Investigation Rules: Investigation
407–045–1070
Adult Residential Substance Use Disorder Investigation Rules: Abuse Investigation and Protective Services Report
407–045–1080
Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation
407–045–1090
Adult Residential Substance Use Disorder Investigation Rules: Administrative Review Process for Substantiated Findings
407–045–1100
Adult Residential Substance Use Disorder Investigation Rules: Issuing Final Orders
407–045–1110
Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents
Last Updated

Jun. 8, 2021

Rule 407-045-0120’s source at or​.us