OAR 407-045-0260
Adult Developmental Disabilities Abuse Rules: Definitions

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 407-045-0250 (Adult Developmental Disabilities Abuse Rules: Purpose and Scope) to 407-045-0370 (Adult Developmental Disabilities 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.
(3) “Adult” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) and used in OAR 407-045-0250 (Adult Developmental Disabilities Abuse Rules: Purpose and Scope) to 407-045-0370 (Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams) means an individual who is 18 years of age or older with a developmental disability who is:
(a) Currently receiving services from a community program or facility; or
(b) Was previously determined eligible for services as an adult by a community program or facility; and
(c) Is the reported or alleged victim of abuse.
(4) “Adult protective services” means as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) 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 and 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) 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.
(b) “Accused person” does not include:

(A)

Minors, who are persons under the age of 18 years old and not considered emancipated.

(B)

A person who also qualifies as:¶
(i)
An “adult” with a developmental disability as defined under ORS 430.735 (Definitions for ORS 430.735 to 430.765) (2)(a); or
(ii)
Another individual who is receiving residential services from the same facility as the alleged victim.

(c)

The exceptions of (b) (B) above do not apply if such accused person is a paid caregiver or service provider for the adult alleged or determined to have been abused.
(6) “Brokerage” or “Support service brokerage” means an entity or distinct operating unit within an existing entity that performs the functions associated with planning and implementation of services for an individual with intellectual or developmental disabilities.
(7) “Caregiver” means as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) an individual, whether paid or unpaid, or 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 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 or a community developmental disabilities program as established in ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds); or
(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 developmental disability program is considered a designee of the Department for the purposes of these rules and ORS 430.731 (Uniform investigation procedures) and 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse).
(11) “Department” means the Department of Human Services (DHS).
(12) “Educational provider” means an education provider, as defined in ORS 339.370 (Definitions for ORS 339.370 to 339.400).
(13) “Educational provider’s licensed administrator” also known as “chief administrator" means the person designated by the educational provider’s policies adopted under ORS 339.372 (Policies of school boards on reporting of suspected abuse and suspected sexual conduct) as amended by Section 3 of 2019 SB 155 to receive complaints involving their school employees, contractors, agents, or volunteers. and includes an alternate licensed administrator, if the designee is the accused person.
(14) “Exception for religious practice” 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 thereof 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).
(15) “Facility” means as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.
(16) “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).
(17) “Investigator” means an OTIS employee or CDDP designee who is authorized and receives OTIS approved training to screen reports or complaints of abuse, assess protective services and investigate alleged abuse (allegations) of adults with developmental disabilities under these rules.
(18) “Law enforcement agency” or LEA 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.
(19) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.
(20) “Office of Training, Investigations and Safety” or OTIS means the unit within the Department’s Shared Services, formerly known as “OAAPI” (Office of Adult Abuse Prevention and Investigations).
(21) “Provider agency” means an entity licensed, certified or authorized by the Department to provide developmental disability services or which is responsible for the management of developmental disability services.
(22) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.
(23) “Self-defense” as defined in ORS 430.768 (Claims of self-defense addressed in certain reports of abuse) and used in OAR 407-045-0320 (Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report)(7) means the use of physical force upon another person in self-defense or to defend a third person.
(24) “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 service essential to the well-being of an adult.
(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 conducted by an investigator that does not have an actual or potential conflict of interest with the outcome.
(28) “Wrongful restraint” does not include physical emergency restraint to prevent immediate injury to an adult who is in danger of physically harming himself or herself or others, provided only that the degree of force reasonably necessary for protection is used for the least amount of time necessary.

Source: Rule 407-045-0260 — Adult Developmental Disabilities Abuse Rules: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0260.

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 407-045-0260’s source at or​.us