Or. Admin. Code § 419-100-0050

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

Section 419-100-0050 - Assessment for and Provision of Protective Services to the Adult

(1) The investigator shall ensure that appropriate and necessary adult protective services are offered to prevent further abuse. Any protective services provided shall be undertaken in a manner that is least intrusive to the adult and provide for the greatest degree of independence available within existing resources.

(2) An attempt at initial contact with the adult by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing adult protective service needs, determining if the adult is in danger or in need of immediate protective services.

(a) Initial contact as it relates to this section:

(A) Shall be conducted using the least intrusive communication methods available; and

(B) May be conducted by an investigator or the case manager, such as the service coordinator, personal agent or community mental health program.

(b) The investigator may confer with the case management entity prior to completing the initial contact with the adult.

(c) The OTIS investigator shall confer with:

(A) The Oregon Health Authority (OHA) or the Department's ODDS on protective services for adults receiving care and services from a state hospital or state-operated facility; or

(B) The licensed administrator for an educational provider when the alleged abuse occurred by their school employee, contractor, agent, or volunteer.

(d) If the investigator or case manager is unable to gain access to the adult, the investigator or case manager may contact the local law enforcement agency for assistance.

(e) If the adult has a guardian, the investigator may request the case manager notify the guardian, unless the guardian is the AP, per OAR 419-100-0030.

(3) The assessment for the provision of protective services may include:

(a) Arranging for the immediate protection of the adult;

(b) Contacting the adult to assess his or her ability to protect his or her own interest or give informed consent;

(c) Determining the ability of the adult to understand the nature of the protective service and his or her willingness to accept services;

(d) Coordinating evaluations to determine or verify the adult's physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the adult's rights and entitlements are protected; and

(h) Consulting with the facility, community program, brokerage, service provider, guardian or others as appropriate in developing recommendations and a determination of whether protective services are needed to prevent further abuse.

(4) The investigator and case manager may share confidential information appropriate or necessary for the health, safety and best interests of the adult in need of protection, prior to the completion of the abuse investigation and protective services report if the information is necessary for the provision of protective services.

(5) The investigator shall document the protective services assessment and provisions, including those needed, offered and declined, in the format provided by OTIS to be maintained as part of the complaint of abuse record. The assessment is considered confidential client information.

Or. Admin. Code § 419-100-0050

DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018; DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018; DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019; DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020; DHSD 12-2020, minor correction filed 09/03/2020, effective 09/03/2020; DHS 7-2023, renumbered from 407-045-0295, filed 12/01/2023, effective 12/01/2023; OTIS 84-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 430.731, 409.050 & 409.010

Statutes/Other Implemented: ORS 430.731, ORS 430.662, 430.735 - 430.765, 430.768, 443.705 - 443.825, 443.875 & 443.400 - 443.465