Oregon Administrative Rules|Section 407-045-0120 - Adult Mental Health Abuse Rules: Purpose and Scope

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) Effective 07/01/2019, these rules, OAR 407-045-0120 to 407-045-0240, prescribe the standards and procedures for the investigation of reported abuse, and the assessment for and provision of protective services for adults:
(a) With a severe and persistent mental illness while in mental health treatment from a community program; or
 
(b) While receiving services for mental illness in a facility.
 
(2) The Department's Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the community mental health programs (CMHP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner.
 
(3) For the purpose of carrying out these rules, OAR 407-045-0120 to 407-045-0240, community mental health programs are Department designees as used in ORS 430.731 and 430.735 through 430.765.
 
(4) OTIS or CMHP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 to 430.768 and these rules.
 
(5) These rules ensure affording safety and protection assessments to adults with mental illness upon receipt of a complaint of abuse, while balancing the duty of the Department and community mental health program designees to investigate alleged abuses within services. Therefore investigations of alleged abuse are limited to incidents involving:
(a) Residents receiving services at facilities; or
 
(b) Adults with severe and persistent mental illness while receiving mental health treatment from a community program and the accused is either: 
(A) A mental health treatment service provider; or
 
(B) A caregiver for the adult.
 
(6) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person (AP) in an abuse investigation conducted under these rules, OAR 407-045-0120 to 407-045-0240.
 
(7) Complaints of alleged abuse of adults while a patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR 407-045-0405 to 407-045-0495.
 
Or. Admin. R. 407-045-0120
DHSD 2-2018, adopt filed 02/27/2018, effective 2/27/2018; DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019, DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019, DHSD 8-2019, amend filed 06/28/2019, effective 7/1/2019
Statutory/Other Authority: ORS 409.050, 409.010, 413.085 & ORS 430.731
 
Statutes/Other Implemented: ORS 430.731, 409.027, 413.036, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 - 443.825 & 443.875
This section was updated on 7/13/2019 by overlay.