OAR 411-340-0040
Abuse Reporting


(1)

ABUSE PROHIBITED. No individual shall be abused nor shall any employee, staff, or volunteer of a Brokerage condone abuse.

(a)

Brokerages must have in place appropriate and adequate disciplinary policies and procedures to address instances when a staff member has been identified as an accused person in an abuse investigation as well as when the allegation of abuse has been substantiated.

(b)

All employees of a Brokerage are mandatory reporters. The Brokerage must:

(A)

Notify all employees of mandatory reporting status at least annually on forms provided by the Department; and

(B)

Provide all employees with a Department-produced card regarding abuse reporting status and abuse reporting.

(2)

IMMEDIATE NOTIFICATION. A Brokerage must immediately report to the CDDP any incident or allegation of potential or suspected abuse.

(3)

INCIDENT REPORTS.

(a)

A Brokerage must prepare an incident report for instances of potential or suspected abuse when staff of the Brokerage become aware of the potential or suspected abuse.

(b)

A Brokerage must send copies of all incident reports involving potential or suspected abuse to an abuse investigator within five business days.

(4)

PROTECTIVE SERVICES. When a CDDP or OTIS abuse investigator determines that a Brokerage must take a protective services action following a report of abuse, the Brokerage must implement the action. If unable to implement the action, the Brokerage must immediately notify the abuse investigator.

(a)

Any protective services must be provided in a manner that is least intrusive to adult individuals and provide for the greatest degree of independence available within existing resources.

(b)

The Brokerage must report the outcome of protective services to the abuse investigator upon completion.

(5)

RECOMMENDED ACTIONS. When a Brokerage receives a recommended action included in an Abuse Investigation and Protective Services Report, as described in OAR 407-045-0320 (Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report), the Brokerage must:

(a)

Implement the recommended actions within specified timelines and report back to the abuse investigator that the recommended actions were completed; or

(b)

With prior agreement from the abuse investigator, implement alternative actions and report back to the abuse investigator that the actions were completed.
Last Updated

Jun. 8, 2021

Rule 411-340-0040’s source at or​.us