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Answer |
Who is required to report? |
- Elderly: Any “public or private official,” which means
- Physician (including any intern or resident);
- Physician assistant (including any intern or resident);
- Naturopathic physician (including any intern or resident);
- Chiropractor (including any intern or resident);
- Licensed practical nurse;
- Registered nurse;
- Nurse practitioner;
- Nurse’s aide;
- Home health aide, or employee of an in-home health service;
- Employee of the Department of Human Services or community developmental disabilities program;
- Employee of the Oregon Health Authority, local health department or community mental health program;
- Peace officer;
- Member of the clergy (see exception in section “When is a report required and where does it go” below);
- Regulated social worker;
- Physical, speech, or occupational therapist;
- Senior center employee;
- Information and referral or outreach worker;
- Licensed professional counselor or licensed marriage and family therapist;
- Elected official of a branch of government of Oregon or a state agency, board, commission or department of a branch of government of Oregon or of a city, county or other political subdivision in Oregon
- Firefighter or emergency medical services provider;
- Psychologist (see exception in section “When is a report required and where does it go” below);
- Provider of adult foster care or an employee of the provider;
- Audiologist;
- Speech-language pathologist;
- Attorney (see exception in section “When is a report required and where does it go” below);
- Dentist;
- Optometrist;
- Personal support worker;
- Home care worker;
- Referral agent; or
- A person providing agency with choice services
- Disabled: Any “public or private official,” which means any:
- Physician (including any intern or resident);
- Physician Associate (including any intern or resident);
- Naturopathic physician (including any intern or resident);
- Psychologist (including any intern or resident) (see exception in section “When is a report required and where does it go” below);
- Chiropractor (including any intern or resident);
- Licensed practical nurse;
- Registered nurse;
- Nurse’s aide;
- Home health aide;
- Employee of an in-home health service;
- Employee of the Department of Human Services or Oregon Health Authority, local health department, community mental health program or community developmental disabilities program or private agency contracting with a public body to provide any community mental health service;
- Peace officer;
- Member of the clergy (see exception in section “When is a report required and where does it go” below);
- Regulated social worker;
- Physical, speech, or occupational therapist;
- Information and referral, outreach, or crisis worker;
- Attorney (see exception in section “When is a report required and where does it go” below);
- Licensed professional counselor or licensed marriage and family therapist;
- Any public official;
- Firefighter or emergency medical services provider;
- Elected official of a branch of government of Oregon or a state agency, board, commission or department of a branch of government of Oregon or of a city, county or other political subdivision in Oregon;
- Personal support worker;
- Home care worker; or
- An individual paid by the Department of Human Services to provide a service identified in an individualized written service plan of an adult with a developmental disability.
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When is a report required and where does it go? |
When is a report required?
- Elderly:
- Any public or private official listed above having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made.
- A psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.
- An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.
- The Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d).
- Disabled:
- Any public or private official listed above who has reasonable cause to believe that any adult with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused an adult, shall report or cause a report to be made.
- A psychiatrist, psychologist, member of the clergy or attorney may not be required to report such information communicated by a person if the communication is privileged.
Where does it go?
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What definitions are important to know? |
Elderly:
- “Abuse” means one or more of the following:
- Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury;
- Neglect;
- Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person;
- Willful infliction of physical pain or injury upon an elderly person;
- An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467 or 163.525;
- Verbal abuse;
- Financial exploitation;
- Sexual abuse;
- Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person; or
- A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
- “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.
- “Facility” means a long-term facility, a residential facility, an assisted living facility, or an adult foster home.
- “Financial exploitation” means:
- Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability;
- Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out;
- Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability; or
- Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.
- “Home care worker” means:
- A person:
- Who is hired or selected by an elderly person or a person with a physical disability or by a parent or guardian of an elderly person or a person with a physical disability;
- Who receives moneys from the Department of Human Services for the purpose of providing care to the elderly person or the person with a physical disability;
- Whose compensation is funded in whole or in part by the department, an area agency or other public agency; and
- Who provides either hourly or live-in home care services; or
- A person who provides home care services to private payers through the program described in ORS 410.605.
- “Intimidation” means compelling or deterring conduct by threat.
- “Law enforcement agency” means:
- Any city or municipal police department;
- Any county sheriff's office;
- The Oregon State Police;
- Any district attorney; or
- A police department established by a university.
- “Neglect” means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person.
- “Personal Support Worker” means a person:
- (A) Who is hired or selected by a person with a developmental disability or mental illness or a parent or guardian of such individual;
- (B) Who receives money from the department for the purpose of providing care to the person with a developmental disability or mental illness;
- (C) Whose compensation is provided in whole or in part through the department, a support services brokerage or other public agency; and
- (D) Who provides home care services in the home or community.
- “Person with a disability” means:
- A person with a physical or mental impairment that substantially limits one or more major life activities; or
- Any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person's ability to perform activities of daily living.
- “Referral Agent” means a person that provides long term care referrals.
- A facility or its employees.
- A resident or patron of a facility who refers a client to a facility and receives a discount or other remuneration from the facility.
- A public body as defined in ORS 174.109.
- “Referral agent” does not include:
- “Services” 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 elderly person.
- “Sexual abuse” means:
- Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315;
- Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language;
- Sexual exploitation;
- Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or
- Any sexual contact that is achieved through force, trickery, threat or coercion.
“Sexual abuse” does not mean consensual sexual contact between an elderly person and:
- An employee of a facility who is also the spouse of the elderly person; or
- A paid caregiver.
- “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
- “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of:
- Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
- Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments.
Disabled:
- “Abuse” means one or more of the following:
- Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person.
- Any physical injury to an adult caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.
- Willful infliction of physical pain or injury upon an adult.
- Sexual abuse.
- Neglect.
- Verbal abuse of an adult.
- Financial exploitation of an adult.
- Involuntary seclusion of an adult for the convenience of the caregiver or to discipline the adult.
- A wrongful use of a physical or chemical restraint upon an adult, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
- An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
- Any death of an adult caused by other than accidental or natural means.
- The restraint or seclusion of an adult with a developmental disability in violation of ORS 339.288, 339.291 or 339.308.
- The infliction of corporal punishment on an adult with a developmental disability in violation of ORS 339.250 (9).
- “Adult” means a person 18 years of age or older:
- With a developmental disability who is currently receiving services from a community program or facility or who was previously determined eligible for services as an adult by a community program or facility;
- With a severe and persistent mental illness who is receiving mental health treatment from a community program; or
- Who is receiving services for a substance use disorder or a mental illness in a facility or a state hospital.
- “Adult protective services” means 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.
- “Caregiver” means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.
- “Community program” includes:
- A community mental health program or a community developmental disabilities program as established in ORS 430.610 to 430.695; or
- A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.
- “Developmental disability” means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:
- (a) Originates before an individual is 22 years of age and is expected to continue indefinitely;
- (b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;
- (c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and
- (d) Requires supports similar to those required by an individual with an intellectual disability.
- “Facility” means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.
- “Financial exploitation” means:
- Wrongfully taking the assets, funds or property belonging to or intended for the use of an adult;
- Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult would reasonably believe that the threat conveyed would be carried out;
- Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an adult; or
- Failing to use the income or assets of an adult effectively for the support and maintenance of the adult.
- “Home care worker” means:
- A person:
- Who is hired or selected by an elderly person or a person with a physical disability or by a parent or guardian of an elderly person or a person with a physical disability;
- Who receives moneys from the Department of Human Services for the purpose of providing care to the elderly person or the person with a physical disability;
- Whose compensation is funded in whole or in part by the department, an area agency or other public agency; and
- Who provides either hourly or live-in home care services; or
- A person who provides home care services to private payers through the program described in ORS 410.605.
- “Intimidation” means compelling or deterring conduct by threat.
- “Law enforcement agency” means:
- Any city or municipal police department;
- A police department established by a university under ORS 352.121or 125;
- Any county sheriff's office;
- The Oregon State Police; or
- Any district attorney.
- “Neglect” means:
- Failure to provide the care, supervision or services necessary to maintain the physical and mental health of an adult that may result in physical harm or significant emotional harm to the adult;
- Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or
- Withholding of services necessary to maintain the health and well-being of an adult that leads to physical harm of the adult.
- “Personal support worker” means a person:
- (a) Who is hired or selected by a person with a developmental disability or mental illness or a parent or guardian of a person with a developmental disability or mental illness;
- (b) Who receives moneys from the department for the purpose of providing care to the person with a developmental disability or mental illness;
- (c) Whose compensation is provided in whole or in part through the department, a support services brokerage or other public agency; and
- (d) Who provides home care services in the home or community.
- “Services” 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.
- “Sexual abuse” means:
- Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act;
- Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;
- Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver;
- Any sexual contact between an adult and a relative of the adult other than a spouse;
- Any sexual contact that is achieved through force, trickery, threat or coercion; or
- Any sexual contact between an individual receiving mental health or substance abuse treatment and the individual providing the mental health or substance abuse treatment.
“Sexual abuse” does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse of the adult.
- “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
- “Verbal abuse” means to threaten significant physical or emotional harm to an adult through the use of:
- Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
- Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments.
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What timing and procedural requirements apply to reports? |
- Elderly: Oral report must be made by telephone or otherwise immediately to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact.
- Disabled: Oral report must be made immediately by telephone or otherwise to the Department of Human Services, the designee of the department or a law enforcement agency within the county where the person making the report is at the time of contact.
- Upon receipt of a report of abuse under this section, the department or its designee shall notify:
- The agency providing primary case management services to the adult; and
- The guardian or case manager of the adult, unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.
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What information must a report include? |
- Elderly: If known,
- The names and addresses of the elderly person and any persons responsible for the care of the elderly person;
- The nature and extent of the abuse (including any evidence of previous abuse);
- The explanation given for the abuse; and
- Any other information which the reporter believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
- Disabled: If known,
- The name, age, and present location of the allegedly abused adult;
- The names and addresses of persons responsible for the adult’s care;
- The nature and extent of the alleged abuse (including any evidence of previous abuse);
- Any information that led the reporter to suspect that abuse has occurred;
- Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator; and
- The date of the incident.
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Anything else I should know? |
- Elderly:
- Any person participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of the report. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
- The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person, by judicial process, or as required to perform the functions under Sec. 124.070 (Duty to Investigate; Notice to Department for Evaluation).
- A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS. 124.005 to 124.040, 124.050 to 124.095 or 124.100 to 124.140, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse.
- In carrying out its duties under ORS 124.070 a law enforcement agency or the Department of Human Services may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of the investigation.
- In the case of abuse of an elderly person, certain privileges, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an elderly person's abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 124.050 to 124.095.
- 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 by reason of neglect under ORS 124.050 to 124.095.
- Disabled:
- In the case of abuse of an adult, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an adult's abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 to 430.765.
- Any person participating in good faith in the making of a report of abuse and who has reasonable grounds for making the report shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of the report. The participant shall have the same immunity with respect to participating in any judicial proceeding resulting from the report. The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person, by judicial order, or as otherwise permitted by Sec. 430.763.
- In carrying out its duties under ORS 430.735 to 430.765, a law enforcement agency or the Department of Human Services' designee may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of investigation unless the victim knowingly refuses to be photographed.
- A facility, community program or person shall not retaliate against any person who reports in good faith suspected abuse or against the allegedly abused adult with respect to any report.
- A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services or a law enforcement agency to have committed abuse under ORS 430.735 to 430.765, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse.
- Notwithstanding the provisions of ORS 192.311 to 192.478, the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
- 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.
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Statutory citation(s): |
- Elderly: Or. Rev. Stat. (Title 13) §§ 124.050, 124.060, 124.065, 124.075, 124.077, 124.080, 124.088, 124.095.
- Disabled: Or. Rev. Stat. (Title 35) §§ 427.005, 430.735, 430.738, 430.743, 430.747, 430.753, 430.755, 430.756, 430.763, 430.765.
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