OAR 943-045-0290
General Duties of the Community Program and Initial Action on Report of Alleged Abuse or Mistreatment
(1)
For the purpose of carrying out these rules, community programs are Authority designees.(2)
If mandatory reporters have reasonable cause to believe abuse of an adult has occurred, the reporter must report the abuse to the community program, to a local law enforcement agency, or to the Authority when the reporter believes a crime may have been committed.(3)
Each community program shall designate at least one employee to conduct protective services investigations. Community programs shall require their designated protective services investigators to participate in training and to demonstrate an understanding of investigative core competencies.(4)
If the Authority or community program has reasonable cause to believe abuse or mistreatment occurred, it must immediately notify the appropriate public licensing or certifying agency and provide a copy of the abuse investigation and completed protective services report.(5)
If the Authority or community program has reasonable cause to believe that an individual licensed or certified by any state agency to provide care has committed abuse or mistreatment, it must immediately notify the appropriate state licensing or certifying agency and provide that agency with a copy of the abuse or mistreatment investigation and completed protective services report.(6)
The Authority or community program may share information prior to the completion of the abuse or mistreatment investigation and protective services report if the information is necessary for:(a)
The provision of protective services; or(b)
The function of licensing and certifying agencies or law enforcement agencies.(7)
Each community program must establish an after hours reporting system.(8)
Upon receipt of any report of alleged abuse or mistreatment or upon receipt of a report of a death that may have been caused by other than accidental or natural means, the community program must begin:(a)
Investigation into the nature and cause of the alleged abuse or mistreatment within one working day of receipt of the report to determine if abuse or mistreatment occurred or whether a death was caused by abuse or mistreatment;(b)
Assessment of the need for protective services; and(c)
Provision of protective services, if protective services are needed.(9)
The community program receiving a report alleging abuse or mistreatment must document the information required by ORS 430.743 (Abuse report)(1) and any additional reported information. The community program must attempt to elicit the following information from the individual making a report:(a)
The name, age, and present location of the adult;(b)
The names and addresses of the adult’s programs or facilities responsible for the adult’s care;(c)
The nature and extent of the alleged abuse or mistreatment, including any evidence of previous abuse or mistreatment of the adult or evidence of previous abuse or mistreatment by the person alleged to have committed the abuse or mistreatment;(d)
Any information that led the individual making the report to suspect abuse or mistreatment had occurred;(e)
Any information that the individual believes might be helpful in establishing the cause of the abuse or mistreatment and the identity of the person alleged to have committed the abuse or mistreatment; and(f)
The date of the incident.(10)
The community program shall maintain all reports of abuse or mistreatment in a confidential location.(11)
If there is reason to believe a crime has been committed, the community program must contact the law enforcement agency with jurisdiction in the county where the report is made.(12)
Upon receipt of a report of abuse or mistreatment, the community program must notify the case manager providing primary case management services to the adult. The community program must also notify the guardian of the adult unless doing so would undermine the integrity of the abuse or mistreatment investigation or a criminal investigation because the guardian or case manager is suspected of committing abuse or mistreatment.(13)
If there is reasonable cause to believe that abuse or mistreatment has occurred, the community program must determine if the adult is in danger or in need of immediate protective services and shall provide those services immediately. Under these circumstances, the community program must also advise the provider agency or guardian about the allegation, and must include any information appropriate or necessary for the health, safety, and best interests of the adult in need of protection.(14)
The community program shall immediately, but no later than one working day, notify the Authority it has received a report of abuse or mistreatment, in the format provided by the Authority.(15)
In addition to the notification required by section (12) of these rules, if the community program determines that a report will be assigned for investigation, the community program must notify the provider agency, guardian, and any other individual with responsibility for providing services and protection, unless doing so would compromise the safety, health, or best interests of the adult in need of protection, or would compromise the integrity of the abuse or mistreatment investigation or a criminal investigation. The notice shall include information that the case shall be assigned for investigation, identify the investigator, and provide information regarding how the assigned investigator may be contacted. The notice must be provided within five working days from the date the report was received.(16)
If the community program determines from the report that there is no reasonable cause to believe abuse or mistreatment occurred, the community program shall notify the provider agency within five working days that a protective services investigation shall not commence and explain the reasons for that decision. The community program shall document the notice and maintain a record of all notices.(17)
The community program or law enforcement agency shall notify the appropriate medical examiner in cases where the community program or law enforcement agency finds reasonable cause to believe that an adult has died as a result of abuse or mistreatment or where the death occurred under suspicious or unknown circumstances.
Source:
Rule 943-045-0290 — General Duties of the Community Program and Initial Action on Report of Alleged Abuse or Mistreatment, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0290.