ORS 124.070
Duty to investigate

  • notice to law enforcement agency and department
  • written findings
  • review by district attorney

(1)

Upon receipt of the report required under ORS 124.060 (Duty of officials to report), the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility.

(2)

If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed.

(3)

After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department:

(a)

That there will be no criminal investigation, including an explanation of why there will be no criminal investigation;

(b)

That the investigative findings have been given to the district attorney for review; or

(c)

That a criminal investigation will take place.

(4)

If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department.

(5)

If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly 410.650; 2009 c.837 §§12,13]

Source: Section 124.070 — Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html (accessed May 26, 2025).

124.005
Definitions for ORS 124.005 to 124.040 124.010
Petition for relief 124.012
Filing of petitions 124.015
Hearing upon request of respondent 124.020
Ex parte hearing 124.022
Service of restraining order by sheriff 124.024
Notice to be given by guardian petitioner 124.025
Removal of personal effects 124.030
Proof of service of restraining order to be delivered to sheriff 124.035
Renewal of restraining order 124.040
Short title 124.050
Definitions for ORS 124.050 to 124.095 124.055
Policy 124.060
Duty of officials to report 124.065
Method of reporting 124.070
Duty to investigate 124.071
Deadline to complete abuse investigation 124.072
Required disclosure of protected health information to law enforcement agency 124.073
Training for abuse investigators 124.075
Immunity of person making report in good faith 124.077
Immunity for disclosure to prospective employer 124.080
Photographing of victim 124.085
Catalog of abuse records 124.087
Policies and guidelines to plan for development and standardization of certain resources and technologies 124.088
Certain privileges not grounds for excluding evidence in court proceedings 124.090
Confidentiality of records 124.095
Spiritual treatment not abuse 124.100
Definitions for ORS 124.100 to 124.140 124.105
Physical abuse subject to action 124.110
Financial abuse subject to action 124.115
Persons not subject to action 124.120
Relief available 124.125
Action by Attorney General, Department of Human Services, other agency or district attorney 124.130
Statute of limitation 124.135
Remedies not exclusive 124.140
Estoppel based on criminal conviction 124.990
Criminal penalty

Current through early 2026

§ 124.070. Duty to investigate's source at oregon​.gov