OAR 943-045-0260
Definitions
(1)
“Abuse of an adult with mental illness” means:(a)
Death of an adult caused by other than accidental or natural means or occurring in unusual circumstances.(b)
“Neglect” means the active or passive withholding of services necessary to maintain the health and well-being of an adult, which leads to physical harm of an adult. “Services” include but are 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.(c)
“Physical abuse” means:(A)
Any physical injury by other than accidental means or that appears to be at variance with the explanation given for the injury.(B)
Willful infliction of physical pain or injury.(C)
Physical abuse is presumed to cause physical injury, including pain, to adults otherwise incapable of expressing pain.(D)
Physical abuse 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.(d)
“Sexual abuse” including:(A)
An act that constitutes a crime under ORS 163.375 (Rape in the first degree) (rape in the first degree), 163.405 (Sodomy in the first degree) (sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree) (unlawful penetration in the first degree), 164.415 (Robbery in the first degree) (sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree) (sexual abuse in the second degree, (163.427 (Sexual abuse in the first degree) (sexual abuse in the first degree), 163.456 (public indecency) or 163.467 (Private indecency) (private indecency).(B)
Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent).(C)
Sexual harassment, sexual exploitation, or inappropriate exposure to sexually explicit material or language including requests for sexual favors. Sexual harassment or exploitation includes but is not limited to any sexual contact or failure to discourage sexual contact between an employee of a community facility or community program, provider, or other caregiver and an adult. For situations other than those involving an employee, provider, or other caregiver and an adult, sexual harassment or exploitation means unwelcome physical sexual contact including requests for sexual favors and other physical conduct directed toward an adult.(D)
Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver. Sexual abuse does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse or partner of the adult.(E)
Any sexual contact that is achieved through force, trickery, threat, or coercion.(F)
As defined in ORS 163.305 (Definitions), “sexual contact” means any touching of sexual or other intimate parts of a person or causing such person to touch sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.(G)
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 mistreatment.(2)
“Abuse or Mistreatment Investigation and Protective Services Report” means a completed report.(3)
“Adult” means an individual who is 18 years of age or older who:(a)
Has a mental illness and is receiving services from a community program or facility;(b)
Receives services in a residential treatment home, residential care facility, adult foster home, or is in a facility approved by the Addictions and Mental Health Division (Division) for acute care services or crisis respite when the adult is in custody in the facility pursuant to ORS 426.072 (Care while in custody), and;(c)
Is the alleged abuse or mistreatment victim.(4)
“Adult Foster Home” means any home licensed by the Authority’s Addictions and Mental Health Division pursuant to OAR 309-040-0300 (Purpose and Scope) et.seq., in which residential care is provided to five or fewer adults who are not related to the provider by blood or marriage as described in ORS 443.705 (Definitions for ORS 443.705 to 443.825) through 443.825 (Disposition of penalties recovered).(5)
“Adult protective services” means the necessary actions taken to prevent abuse or mistreatment or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused or mistreated adult’s person, property, or funds.(6)
“Authority” means the Oregon Health Authority.(7)
“Caregiver” means an individual 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)
“Community facility” means a community residential treatment home, residential care facility, adult foster home. “Community facility” also means a facility approved by the Division for acute care services or crisis respite when the adult is in custody in the facility pursuant to ORS 426.072 (Care while in custody).(9)
“Community program” means the community mental health program as established in ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds).(10)
“Designee” means the community program.(11)
“Department” means the Department of Human Services.(12)
“Inconclusive” means there is insufficient evidence to conclude the alleged abuse or mistreatment occurred or did not occur by a preponderance of the evidence. The inconclusive determination may be used only in the following circumstances:(a)
After diligent efforts have been made, the protective services investigator is unable to locate the person alleged to have committed the abuse or mistreatment, or cannot locate the alleged victim or another individual who might have information critical to the investigation; or(b)
Relevant records or documents are unavailable, or there is conflicting or inconsistent information from witnesses, documents, or records with the result that after the investigation is complete, there is insufficient evidence to support a substantiated or not substantiated conclusion.(13)
“Law enforcement agency” means any city or municipal police department, county sheriff’s office, the Oregon State Police, or any district attorney.(14)
“Mandatory reporter” means any public or private official who, while acting in an official capacity, comes in contact with and has reasonable cause to believe that an adult has suffered abuse, or that any individual with whom the official comes in contact while acting in an official capacity has abused an adult. Pursuant to ORS 430.765 (Duty of officials to report abuse)(2), psychiatrists, psychologists, clergy, and attorneys are not mandatory reporters with regard to information received through communications that are privileged under ORS 40.225 (Rule 503. Lawyer-client privilege) to 295.(15)
“Mistreatment” means mistreatment as defined in OAR 309-035-0105 (Definitions), 309-035-0260 and 309-040-0305 (Definitions).(16)
“Not substantiated” means the preponderance of evidence establishes the alleged abuse or mistreatment did not occur.(17)
“Office of Investigations and Training” (OIT) means the Department’s Shared Services Division responsible for the investigation of allegations of abuse or mistreatment made in community programs and community facilities for adults with mental illness(18)
“Provider agency” means an entity licensed or certified to provide services to adults in Adult Foster Homes (AFH), Residential Treatment Homes (RTH) or Residential Care Facilities (RCF). “Provider agency” also means a facility approved by the Division for acute care services or crisis respite when the adult is in custody in the facility pursuant to ORS 426.072 (Care while in custody).(19)
“Public or private official” means:(a)
Physician, naturopathic physician, osteopathic physician, psychologist, chiropractor, or podiatrist, including any intern or resident;(b)
Licensed practical nurse, registered nurse, nurse’s aide, home health aide, or employee of an in-home health services organization;(c)
Employee of the Authority, Department, county health department, community mental health or developmental disabilities program, or private agency contracting with a public body to provide any community services;(d)
Peace officer;(e)
Member of the clergy;(f)
Licensed clinical social worker;(g)
Physical, speech, or occupational therapist;(h)
Information and referral, outreach, or crisis worker;(i)
Attorney;(j)
Licensed professional counselor or licensed marriage and family therapist;(k)
Firefighter or emergency medical technician; or(l)
Any public official who comes in contact with adults in the performance of the official’s duties.(20)
“Residential Care Facility (RCF)” means a facility licensed by the Division that is operated to provide services on a 24-hour basis for six or more residents pursuant to OAR 309-035-0100 (Purpose and Scope) et.seq..(21)
“Residential Treatment Home (RTH)” means a home licensed by the Division that is operated to provide services on a 24-hour basis for five or fewer residents pursuant to OAR 309-035-0250 et.seq..(22)
“Substantiated” means that the preponderance of evidence establishes the abuse or mistreatment occurred.(23)
“Unbiased investigation” means an investigation that is conducted by a community program that does not have an actual or potential conflict of interest with the outcome of the investigation.
Source:
Rule 943-045-0260 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0260.