Oregon Department of Human Services, Aging and People with Disabilities and Developmental Disabilities
Inspections and Abuse Investigations
The Department conducts an inspection of an AFH-DD:
Prior to the issuance of an AFH-DD license;
Prior to the annual renewal of an AFH-DD license;
Upon receipt of an oral or written complaint of violations that threaten the health, safety, or welfare of individuals; or
Anytime the Department has probable cause to believe that an AFH-DD violated a regulation or provision of these rules or is operating without an AFH-DD license.
The Department may conduct inspections of an AFH-DD:
Anytime inspections are authorized by these rules and any other time the Department considers an inspection necessary to determine if an AFH-DD is in compliance with these rules or with conditions placed upon the license of the AFH-DD;
To determine if cited deficiencies have been corrected; and
For the purpose of monitoring an individuals’ care and services.
State or local fire inspectors must be permitted access to inspect an AFH-DD for fire safety upon request of the Department.
Department staff must have full access and authority to:
Examine the physical premises of the AFH-DD including the buildings, grounds, equipment, and any vehicles; and
Examine and copy facility, individual, and account records (as applicable).
Department staff has authority to interview the provider, resident manager, caregivers, and individuals. Interviews are conducted in private and are confidential except as considered public record under ORS 430.763 (Confidentiality of records).
Providers must authorize resident managers and substitute caregivers to permit entrance by Department staff for the purpose of inspection and investigation.
Department staff has authority to conduct inspections with or without advance notice to the provider, substitute caregiver, or an individual of the AFH-DD. The Department may not give advance notice of any inspection if the Department believes that advance notice may obstruct or seriously diminish the effectiveness of the inspection or enforcement of these rules.
The inspector must respect the private possessions and living area of individuals, providers, and caregivers while conducting an inspection.
A copy of the inspection report must be given to the licensee within 10 working days of completion of the final report.
Completed reports on inspections, except for confidential information, are available to the public during business hours, upon request of the Department.
When abuse is alleged or death of an individual has occurred and a law enforcement agency or the Department has determined to initiate an abuse investigation, the provider may not conduct an internal investigation without prior authorization from the Department. For the purpose of this section, an internal investigation is defined as:
Conducting interviews of the alleged victim, witness, the accused person, or any other person who may have knowledge of the facts of the abuse allegation or related circumstances;
Reviewing evidence relevant to the abuse allegation other than the initial report; or
Any other actions beyond the initial actions of determining:
If there is reasonable cause to believe that abuse has occurred;
If the alleged victim is in danger or in need of immediate protective services;
If there is reason to believe that a crime has been committed; and
What, if any, immediate personnel actions must be taken.
When an abuse investigation has been initiated, the Department must provide notice to the provider according to OAR 407-045-0290.
RETALIATION. A provider may not retaliate against any person who reports in good faith suspected abuse, or against the individual with respect to the report. An accused person may not self-report solely for the purpose of claiming retaliation.
According to ORS 430.755 (Retaliation prohibited), any provider who retaliates against any person because of a report of suspected abuse or neglect is liable in a private action to that person for actual damages and, in addition, is subject to a penalty up to $1,000, not withstanding any other remedy provided by law.
Any adverse action creates a presumption of retaliation if taken within 90 days of a report of abuse. For the purpose of this section, “adverse action” means any action taken by a community facility, community program, or person involved in a report of suspected abuse against the person making the report or against the individual because of the report. Adverse action may include but is not limited to:
Discharge or transfer from the AFH-DD, except for clinical reasons;
Discharge from or termination of employment;
Demotion or reduction in remuneration for services; or
Restriction or prohibition of access to the AFH-DD or the individuals served by the AFH-DD.
Adverse action may also be evidence of retaliation after 90 days even though the presumption of retaliation no longer applies.