Or. Admin. Code § 411-020-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-020-0020 - Reporting of Abuse and Self-Neglect

(1) For the purpose of these rules, mandatory abuse reporters are those "public and private officials" listed in ORS 124.50. Mandatory reporters must immediately report instances of alleged elder abuse to the Department, local office, or a local law enforcement agency.

(a) A mandatory reporter must report if they come into contact with, and have reasonable cause to believe, that an older adult in any setting has suffered abuse or neglect.

(b) Definitions of abuse or neglect for mandatory reporting are defined in ORS 124.050 to 124.095.

(c) Anyone making a mandatory report of abuse with reasonable grounds and good faith shall have immunity from any civil or criminal liability. The same immunity applies to participating in any judicial proceeding resulting from the report.

(d) Exceptions to mandatory reporting. A psychiatrist, psychologist, attorney, or member of the clergy does not have to report privileged information covered under ORS 40.225 to 40.295. An attorney is not required to make a report of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

(2) Some individuals are also required under, law, Department's administrative rules, contracts, or policy to report abuse. These required reporters must report instances of alleged abuse of older adults and persons with physical disabilities to the Department or local office. Required abuse reporting includes, but is not limited to:

(a) An individual who works, volunteers or is contracted personnel in an Assisted Living or Residential Care Facility under OAR 411-054-0028(2)(a)(b) and have reasonable cause to suspect abuse has occurred to a resident in those community-based settings.

(b) Many DHS and OHA contractors have requirements in their contracts to report abuse.

(c) Oregon law mandates that stock brokers, financial advisors, and other professionals regulated by the Department of Consumer Business Services (DCBS) shall report financial abuse to DCBS. DCBS then shall notify the Department or local office. Once notified by DCBS, the local APS office shall inform DCBS of the screening outcome.

(3) Reporting of instances involving abuse or self-neglect of older adults and adults with physical disabilities is highly encouraged for non-mandatory reporters.

(4) The identity of the individual reporting the alleged abuse shall be confidential and may be disclosed only with the consent of that individual, by judicial process, or exceptions in law, e.g., a law enforcement agency.

Or. Admin. Code § 411-020-0020

SSD 5-1994, f. & cert. ef. 11-15-94; SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05; SPD 10-2006, f. 3-23-06, cert. ef. 4-1-06; SPD 33-2006, f. & cert. ef. 12-21-06; SPD 21-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10; APD 37-2014, f. 11-24-14, cert. ef. 1/1/2015; APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018; APD 44-2018, amend filed 12/27/2018, effective 12/27/2018

Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.450, 443.765, 443.767

Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070 & 411.116, 443.435, 443.450, 443.500, 443.765