Oregon Administrative Rules
Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY
Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES
Section 419-100-0010 - Definitions

(1) "Abuse" means as defined in ORS 430.735.

(2) "Abuse Investigation and Protective Services Report" means a written report completed under these rules.

(3) "Adult" as defined in ORS 430.735 and used in OAR chapter 419, division 100 means an individual who is 18 years of age or older with a developmental disability who is:

(4) "Adult protective services" means as defined in ORS 430.735 the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard the adult's person, property and funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(5) "Accused Person" or "Accused Provider" (AP, formerly known as alleged perpetrator) means:

(6) "Brokerage" or "Support service brokerage" means an entity or distinct operating unit within an existing entity that performs the functions associated with planning and implementation of services for an individual with intellectual or developmental disabilities.

(7) "Caregiver" means as defined in ORS 430.735 an individual, whether paid or unpaid, 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) "Closed without abuse determination" means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so the investigation cannot be completed.

(9) "Community program" as defined in ORS 430.735 includes:

(10) "Designee" means the community mental health or developmental disabilities program. A community developmental disability program is considered a designee of the Department for the purposes of these rules and ORS 430.731 and 430.735 to 430.765.

(11) "Department" means the Oregon Department of Human Services (ODHS).

(12) "Educational provider" means an education provider, as defined in ORS 339.370.

(13) "Educational provider's licensed administrator" also known as "chief administrator" means the person designated by the educational provider's policies adopted under ORS 339.372 as amended by Section 3 of 2019 SB 155 to receive complaints involving their school employees, contractors, agents, or volunteers. and includes an alternate licensed administrator, if the designee is the accused person.

(14) "Exception for religious practice" means 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 thereof shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765.

(15) "Facility" means as defined in ORS 430.735 a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.

(16) "Good cause" for an extension means:

(17) "Investigator" means an OTIS employee or CDDP designee who is authorized and receives OTIS approved training to screen reports or complaints of abuse, assess protective services and investigate alleged abuse (allegations) of adults with developmental disabilities under these rules.

(18) "Law enforcement agency" or LEA means:

(19) "Not substantiated" means there is less than a preponderance of evidence to show that abuse occurred.

(20) "Office of Training, Investigations and Safety" or OTIS means the unit within the Department's Shared Services, formerly known as "OAAPI" (Office of Adult Abuse Prevention and Investigations).

(21) "Provider agency" means an entity licensed, certified or authorized by the Department to provide developmental disability services or which is responsible for the management of developmental disability services.

(22) "Redacted" means information deemed confidential under state or federal laws that are excluded from public record release.

(23) "Self-defense" as defined in ORS 430.768 and used in OAR 419-100-0080 (7) means the use of physical force upon another person in self-defense or to defend a third person.

(24) "Services" as defined in ORS 430.735 includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult.

(25) "State Hospital" as described in ORS 426.010 means the Oregon State Hospital campuses in Salem and in Junction City for persons with mental illness for care and treatment.

(26) "Substantiated" means that the preponderance of evidence establishes the abuse occurred.

(27) "Unbiased investigation" means an investigation conducted by an investigator that does not have an actual or potential conflict of interest with the outcome.

(28) "Wrongful restraint" 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.