74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 611
 
                         Senate Bill 264
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon Advocacy Center)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Adds requirement for reporting abuse of persons with
developmental disabilities who are 18 years of age or older and
do not receive services from community program or facility.
 
                        A BILL FOR AN ACT
Relating to reporting abuse of persons with developmental
  disabilities; amending ORS 430.735.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 430.735 is amended to read:
  430.735. As used in ORS 430.735 to 430.765:
  (1) 'Abuse' means one or more of the following:
  (a) Any death caused by other than accidental or natural means.
  (b) Any physical injury caused by other than accidental means,
or that appears to be at variance with the explanation given of
the injury.
  (c) Willful infliction of physical pain or injury.
  (d) Sexual harassment or exploitation, including but not
limited to any sexual contact between an employee of a facility
or community program and an adult.
  (e) Neglect that leads to physical harm through withholding of
services necessary to maintain health and well-being. For
purposes of this paragraph, 'neglect' does not include a failure
of the state or a community program to provide services due to a
lack of funding available to provide the services.
    { - (2) 'Adult' means a person who is mentally ill or
developmentally disabled, who is 18 years of age or older and
receives services from a community program or facility. - }
   { +  (2) 'Adult' means a person 18 years of age or older with:
  (a) A developmental disability; or
  (b) A mental illness who is receiving services from a community
program or facility. + }
  (3) 'Adult protective services' means the necessary actions
taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts and to safeguard an adult's person,
property and funds. Any actions taken to protect an adult shall
be undertaken in a manner that is least intrusive to the adult
and provides for the greatest degree of independence.
  (4) 'Care provider' means an individual or facility that has
assumed responsibility for all or a portion of the care of an
adult as a result of a contract or agreement.
  (5) 'Community program' means a community mental health and
developmental disabilities program as established in ORS 430.610
to 430.695.
  (6) 'Department' means the Department of Human Services.
  (7) 'Facility' means a residential treatment home or facility,
residential care facility, adult foster care home, residential
training home or facility or crisis respite facility.
  (8) 'Law enforcement agency' means:
  (a) Any city or municipal police department;
  (b) Any county sheriff's office;
  (c) The Oregon State Police; or
  (d) Any district attorney.
  (9) 'Public or private official' means:
  (a) Physician, naturopathic physician, osteopathic physician,
psychologist, chiropractor or podiatric physician and surgeon,
including any intern or resident;
  (b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service;
  (c) Employee of the Department of Human Services, county health
department, community mental health and developmental
disabilities program or private agency contracting with a public
body to provide any community mental health service;
  (d) Peace officer;
  (e) Member of the clergy;
  (f) Licensed clinical social worker;
  (g) Physical, speech or occupational therapist;
  (h) Information and referral, outreach or crisis worker;
  (i) Attorney;
  (j) Licensed professional counselor or licensed marriage and
family therapist; or
  (k) Any public official who comes in contact with adults in the
performance of the official's duties.
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