OAR 407-045-0130
Adult Mental Health Abuse Rules: Definitions and Acronyms

In addition to the definitions in ORS 430.735 (Definitions for ORS 430.735 to 430.765), the following terms are defined as used in OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams).
(1) “Abuse” means as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765).
(2) “Abuse Investigation and Protective Services Report” means a written report completed 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)).
(3) “Adult” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) and used in OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams) means an individual who is 18 years of age or older:
(a) With a severe and persistent mental illness and is receiving mental health treatment from a community program; or
(b) Who is receiving services for a mental illness in a facility; and
(c) Is the reported or alleged victim of abuse.
(4) “Adult protective services” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard the adult’s person, property, or funds, including petitioning for a protective order as defined in ORS 125.005 (Definitions). Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.
(5) “Accused Person” or “Accused Provider” (AP formerly known as “Alleged Perpetrator”) means a person, caregiver, facility or service provider who is the respondent in an abuse investigation under these rules, alleged or determined to have committed abuse of an adult.
(6) “Authority” means the Oregon Health Authority (OHA).
(7) “Caregiver” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.
(8) “Closed without abuse determination” means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.
(9) “Community program” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) includes:
(a) A community mental health program (CMHP) or a community developmental disabilities program (CDDP) as established in ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds).
(b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.
(10) “Designee” means the community mental health or developmental disabilities program. A community mental health program is considered a designee of the Department for the purposes of these rules and ORS 430.731 (Uniform investigation procedures) to 430.765 (Duty of officials to report abuse).
(11) “Department” means the Department of Human Services (DHS).
(12) “Exception for religious practice” as described in ORS 430.765 (Duty of officials to report abuse) means 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 shall for this reason alone not be considered subjected to abuse under ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse).
(13) “Facility” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.
(14) “Good cause” for an extension means:
(a) When law enforcement is conducting an investigation or in process of prosecution;
(b) A material party or witness is temporarily unavailable; or
(c) New evidence is discovered that leads to additional alleged abuses being investigated (allegations).
(15) “Intimidation” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means compelling or deterring conduct by threat.
(16) “Investigator” means an OTIS employee or community mental health program designee who is authorized and receives OTIS approved training to screen complaints of abuse, assess protective services and investigate alleged abuse (allegations) under these rules.
(17) “Law enforcement agency” (LEA) as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means:
(a) Any city or municipal police department;
(b) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);
(c) Any county sheriff’s office;
(d) The Oregon State Police; or
(e) Any district attorney
(18) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.
(19) “OTIS” means the Department’s Office of Training, Investigations and Safety, formerly known as “OAAPI” (Office of Adult Abuse Prevention and Investigations).
(20) “Provider” means a person or entity:
(a) Licensed by the Department or Authority to provide residential services for mental illness in a facility; or
(b) Certified by or contracted with the Authority to provide mental health treatment services.
(21) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.
(22) “Self-defense” as defined on ORS 430.768 (Claims of self-defense addressed in certain reports of abuse) and used in OAR 407-045-0200 (Adult Mental Health Abuse Rules: Abuse Investigation Report), means the use of physical force upon another person in self-defense or to defend a third person.
(23) “Services” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the adult.
(24) “Severe and persistent mental illness” or “SPMI” (also known as serious and persistent mental illness) means the current Diagnostic Statistical Manual of Mental Disorders diagnostic criteria for:
(a) At least one of the following conditions as a primary diagnosis for an adult age 18 or older:
(A) Schizophrenia and other psychotic disorders;
(B) Major depressive disorder;
(C) Bipolar disorder;
(D) Anxiety disorders, limited to Obsessive Compulsive Disorder (OCD) and Post Traumatic Stress Disorder (PTSD);
(E) Schizotypal personality disorder; or
(F) Borderline personality disorder.
(b) For purpose of mandatory abuse reporting of an adult with SPMI and ORS 430.765 (Duty of officials to report abuse), the adult with SPMI shall also have a serious functional impairment that currently substantially interferes with or limits their ability to protect themselves from abuse as documented by their health record or other credible evidence. These additional requirements do not apply to other chapters of the Oregon Administrative Rules that address persons with SPMI in Chapters 410 and 309.
(25) “State Hospital” as described in ORS 426.010 (State hospitals for persons with mental illness) means the Oregon State Hospital campuses in Salem and in Junction City for persons with mental illness for care and treatment.
(26) “Substantiated” means that the preponderance of evidence establishes the abuse occurred.
(27) “Unbiased investigation” means an investigation that is conducted by an investigator that does not have an actual or potential conflict of interest with the outcome.

Source: Rule 407-045-0130 — Adult Mental Health Abuse Rules: Definitions and Acronyms, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0130.

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 407-045-0130’s source at or​.us