Chapter 660 Oregon Laws 2005
AN ACT
HB 3073
Relating to abuse of certain individuals.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) When the Department of
Human Services investigates a report of abuse under ORS 430.735 to 430.765 at a
residential training home as defined in ORS 443.400 that is operated by the
department or a report of abuse at a state hospital described in ORS 426.010,
the department shall address in the written report of its findings whether the
person alleged to be responsible for the abuse was acting in self-defense.
(2)
The department shall make a finding that the allegation of abuse is
unsubstantiated if the department finds that:
(a)
The person was acting in self-defense in response to the use or imminent use of
physical force;
(b)
The amount of force used was reasonably necessary to protect the person from
violence or assault; and
(c)
The person used the least restrictive procedures necessary under the
circumstances in accordance with an approved behavior management plan or other
method of response approved by the department by rule.
(3)
Notwithstanding ORS 179.505, the department shall disclose to the person
alleged to be responsible for the abuse a copy of its findings under subsection
(1) of this section if the allegation of abuse is substantiated.
(4)
If a person makes a claim of self-defense during an investigation of a report
of abuse and the allegation is found to be substantiated, the person may ask
the Director of Human Services to review the finding. The director shall
appoint a review team to conduct the review and make a recommendation to the
director under procedures adopted by the director by rule.
(5) As used in this section, “self-defense” means the use of physical force upon another person in self-defense or to defend a third person.
SECTION 2. Section 1 of this 2005 Act applies to allegations of abuse that are reported on or after the effective date of this 2005 Act.
Approved by the Governor July 27, 2005
Filed in the office of Secretary of State July 27, 2005
Effective date January 1, 2006
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