Oregon Administrative Rules|Section 411-020-0040 - Services Provided

                                                

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Local offices must follow procedural guidelines consistent with Department policies guiding APS response activities. Although the role of APS is civil rather than criminal investigation, cooperative agreements with regulatory and enforcement agencies, such as local law enforcement, district attorneys, and licensing agencies are desirable.

(2) The Department shall establish and maintain agreements and understandings with other key agencies having a role in protecting the interests and rights of individuals who are the subject of these rules, including the Oregon State Police and the Department of Justice.

(3) The Adult Protective Services function consists of a standard series of activities, including screening, triage or consultation, on-site assessment, investigation, intervention, documentation, and APS risk management.

(4) Deviations from these rules may be warranted to protect the safety of any party or as otherwise allowed by policy. The reasons for these deviations must be reviewed with a supervisor or designee and properly documented in the investigative record.

(5) Adults have the right to make informed choices (as defined in 411-020-0002) that do not conform to societal norms as long as those decisions are not harmful to others. This includes the right to refuse participation in APS assessments, investigation, or intervention. This does not include the right to prevent an investigation from occurring.

(6) The local office must retain records that document the APS functions for a period of 15 years after last activity.

Or. Admin. R. 411-020-0040

AFS 5-1980, f. & ef. 1-25-80; Renumbered from 461-011-0005 by Ch. 784, OL 1981 & AFS 69-1981, f. 9-30-81, ef. 10-1-81; SSD 5-1994, f. & cert. ef. 11-15-94, Renumbered from 411-020-0005; SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05; SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10; APD 37-2014, f. 11-24-14, cert. ef. 1-1-15; 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 & 411.060, 411.116

This section was updated on 1/22/2019 by overlay.

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