Oregon Department of Human Services

Rule Rule 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.
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Last accessed
Jun. 8, 2021