75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1472
House Bill 2442
Sponsored by Representatives GELSER, TOMEI; Representatives
BUCKLEY, CAMERON, COWAN, C EDWARDS, GARRETT, GILLIAM, KAHL,
MATTHEWS, STIEGLER
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.
Establishes Quality Care Fund. Continuously appropriates moneys
in fund to Department of Human Services for purposes of
maintaining Consumer Information Database for Developmental
Disability Services and for training, technical assistance,
quality improvement initiatives and licensing activities to
ensure that high standards for quality of care are met in
accordance with rules adopted by department. Requires that moneys
from certain fees and civil penalties be deposited in fund.
Requires department to create Consumer Information Database for
Developmental Disability Services as searchable website.
Requires that substantiated complaints of abuse in residential
facilities and adult foster homes be entered into database.
Requires written notification of availability of database to
residents of those facilities and homes.
Authorizes department to establish licensing fees for adult
foster homes.
Modifies licensing fees for residential facilities.
Establishes $2,500 civil penalty for specified types of abuse
and makes other changes to civil penalties.
Revises definition of abuse of vulnerable adults. Establishes
Office of Investigations and Training within Department of Human
Services to investigate reports of abuse. Requires office to
investigate all reports of abuse. Makes employer immune from
civil liability for disclosing substantiated findings of abuse by
employee or former employee to prospective employer.
Establishes timelines for communications between office, law
enforcement and district attorney concerning reports of abuse of
vulnerable adults. Requires district attorney to establish
multidisciplinary team for vulnerable adults.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to care providers; creating new provisions; amending ORS
124.005, 124.020, 124.065, 124.070, 124.100, 124.105, 180.090,
430.735, 430.743, 430.745, 441.020, 441.715, 441.745, 441.995,
443.045, 443.325, 443.415, 443.425, 443.430, 443.455, 443.730,
443.735, 443.740, 443.775, 443.790 and 443.825 and section 2,
chapter 204, Oregon Laws 2005; repealing ORS 430.746;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Quality Care Fund is established in the
State Treasury, separate and distinct from the General Fund.
Interest earned by the Quality Care Fund shall be credited to the
Quality Care Fund. Moneys in the fund are continuously
appropriated to the Department of Human Services for the creation
of the Consumer Information Database for Developmental Disability
Services described in section 2 of this 2009 Act and for
training, technical assistance, quality improvement initiatives
and licensing activities to ensure that high standards for
quality of care are met in accordance with rules adopted by the
department with respect to:
(1) A long term care facility as defined in ORS 442.015;
(2) A residential facility as defined in ORS 443.400, including
but not limited to an assisted living facility; and
(3) An adult foster home as defined in ORS 443.705. + }
SECTION 2. { + (1) The Department of Human Services shall
create and maintain a database containing records of all
substantiated complaints of abuse occurring on or after July 1,
2003, in a facility, and other information as prescribed by the
department by rule. Each record shall contain a narrative
description of the abuse written in a manner that can be easily
understood by the general public. The database may not include
individuals' names, Social Security numbers, dates of birth or
other personally identifiable information. The database shall be
known as the Consumer Information Database for Developmental
Disability Services.
(2) The database must be available to the public through a
website and must be searchable by the:
(a) Name of the facility;
(b) Street address and city where the facility is located; and
(c) Name of the business entity operating the facility.
(3) The website must notify the users that the database does
not contain records of abuse or violations that occurred before
July 1, 2003.
(4) The facility information described in subsection (2) of
this section shall be permanently maintained in the database.
(5) Upon admission and at each subsequent case planning meeting
with a resident, a facility must provide written notice to the
resident, the resident's case manager and the resident's
guardian. The notice must explain:
(a) How to access the database; and
(b) How, when and where to report suspected abuse.
(6) As used in this section:
(a) 'Abuse' has the meaning given that term in ORS 430.735.
(b) 'Facility' means:
(A) A residential facility as defined in ORS 443.400, including
an assisted living facility but excluding a residential treatment
facility as defined in ORS 443.400 (9) or a residential treatment
home as defined in ORS 443.400 (10); or
(B) An adult foster home as defined in ORS 443.705. + }
SECTION 3. { + No later than March 1, 2010, a facility as
defined in section 2 of this 2009 Act shall provide the notice
described in section 2 (5) of this 2009 Act to all of the
facility's residents, the residents' case managers and the
residents' guardians. + }
SECTION 4. { + (1) The Department of Human Services shall
report to each regular session of the Legislative Assembly:
(a) On the safety of individuals receiving developmental
disability services including, but not limited to:
(A) The average turnover of direct care workers in service
settings.
(B) A summary of the training provided by the department or its
contractors to direct care workers in service settings.
(C) A summary of the core competencies required of direct care
workers in service settings by the state for licensing or
certification.
(D) A summary of the average wages of direct care workers in
service settings, presented by type of services provided.
(E) The number of complaints of abuse filed under ORS 124.012
and received by the department under ORS 124.065 and 430.743,
reported by type of allegation.
(F) The number of direct care workers in service settings who
were subject to criminal or civil action as a result of
on-the-job conduct.
(G) The number of deaths, serious injuries, sexual assaults and
rapes alleged to have occurred in service settings.
(b) A schedule of all license fees and civil penalties
established by rule pursuant to ORS 441.995, 443.455, 443.735 and
443.790.
(2) The department shall provide the report described in
subsection (1)(a) of this section to the appropriate legislative
committees, the Oregon Developmental Disabilities Council and to
the agency designated to administer the state protection and
advocacy system under ORS 192.517.
(3) As used in this section, 'service settings' means:
(a) An adult foster home as defined in ORS 443.705;
(b) Substitute care as defined in ORS 419A.004;
(c) A residential facility as defined in ORS 443.400;
(d) A location where home health services, as defined in ORS
443.005, are received by a resident;
(e) A location where in-home care services, as defined in ORS
443.305, are received by a resident;
(f) A developmental disability child foster home as defined in
ORS 443.830;
(g) An institution under the control of the department under
ORS 179.321; and
(h) A domiciliary care facility as defined in ORS 443.205. + }
SECTION 5. { + (1) If the Department of Human Services finds
that abuse occurred in a facility, the department shall
immediately notify the facility of its findings.
(2) Upon receipt of the notice described in subsection (1) of
this section, a facility shall provide written notice of the
findings to the individual found to have committed abuse,
residents of the facility, the residents' case managers and the
residents' guardians.
(3) An application for employment at a facility must inquire
whether the applicant has been found to have committed abuse.
(4) As used in this section:
(a) 'Abuse' has the meaning given that term in ORS 124.005 and
430.735.
(b) 'Facility' means:
(A) A residential facility as defined in ORS 443.400; or
(B) An adult foster home as defined in ORS 443.705. + }
SECTION 6. { + (1) The Department of Human Services shall
complete a criminal records check under ORS 181.534 on an
employee of a residential facility, adult foster home, in-home
care agency or home health agency, and on any individual who is
paid directly or indirectly with public funds who has or will
have contact with a recipient of home health, in-home care or
support services or a resident of an adult foster home or a
residential facility. For the purpose of conducting a criminal
records check, the department shall require fingerprints.
(2) With the consent of the employee, the department shall
retain the fingerprint cards obtained under this section and may
use the retained fingerprint cards for subsequent criminal
records checks of that employee.
(3) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of home health, in-home care or support services or a
resident of a residential facility or an adult foster home, of an
individual who has been convicted:
(a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.135,
164.162, 164.170, 164.215, 164.225, 164.325, 164.377 (2) or (3),
164.405, 164.415, 165.013, 165.022, 165.032, 165.055 (4)(b),
165.800, 165.803, 167.012, 167.017, 167.054 or 167.057;
(b) Of a crime listed in ORS 181.594;
(c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
(d) Of a crime constituting domestic violence;
(e) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (d) of this subsection; or
(f) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (e) of this subsection.
(4) If the department has a record of substantiated abuse
committed by an employee or potential employee of a home health
agency, in-home care agency, adult foster home or residential
facility, regardless of whether criminal charges were filed, the
department shall notify, in writing, the employer and the
employee or potential employee.
(5) As used in this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Home health agency' has the meaning given that term in ORS
443.005.
(c) 'In-home care agency' has the meaning given that term in
ORS 443.305.
(d) 'Residential facility' has the meaning given that term in
ORS 443.400. + }
SECTION 7. { + (1) The Office of Investigations and Training
is established within the Department of Human Services.
(2) Investigators from the office shall be responsible for
conducting the investigations and making the written findings on
behalf of the department that are required under ORS 124.050 to
124.095 and 430.735 to 430.765. The investigators:
(a) May not be employed by or under contract with a community
mental health and developmental disabilities program;
(b) May not be employed by or under contract with the
department to provide case management services;
(c) Shall receive training, as prescribed by the department by
rule, that is necessary to allow the investigators to make
determinations and conduct thorough and unbiased investigations;
and
(d) Shall be required to maintain minimum competencies in
protective service investigations, as prescribed by the
department by rule.
(3) The training required under this section shall address the
cultural and social diversity of the people of this state. + }
SECTION 8. { + (1) The district attorney in each county shall
be responsible for developing county multidisciplinary teams for
vulnerable adults to consist of but not be limited to personnel
from the community mental health program, the developmental
disabilities program, the Office of Investigations and Training,
the local area agency on aging, the district attorney's office,
the local police, the sheriff's office and an agency that
advocates on behalf of individuals with disabilities, as well as
others specially trained in the abuse of vulnerable adults.
(2) The teams shall develop a written protocol for immediate
investigation of and notification procedures for cases of abuse
of vulnerable adults and for interviewing the victims. Each team
also shall develop written agreements signed by member agencies
that are represented on the team that specify:
(a) The role of each member agency;
(b) Procedures to be followed to assess risks to the vulnerable
adult;
(c) Guidelines for timely communication between member
agencies; and
(d) Guidelines for completion of responsibilities by member
agencies.
(3) Each team member shall have access to training in risk
assessment, dynamics of abuse of vulnerable adults and legally
sound interview and investigatory techniques.
(4) All investigations of abuse of vulnerable adults by the
Office of Investigations and Training and by law enforcement
shall be carried out in a manner consistent with the protocols
and procedures called for in this section.
(5) All information obtained by the team members in the
exercise of their duties is confidential.
(6) Each team shall develop and implement procedures for
evaluating and reporting compliance of member agencies with the
protocols and procedures required under this section.
(7) Each team shall annually report to the Department of
Justice and the Oregon Criminal Justice Commission the number of:
(a) Substantiated allegations of abuse of vulnerable adults in
the county for the preceding 12 months.
(b) Substantiated allegations of abuse referred to law
enforcement because there was reasonable cause found that a crime
had been committed.
(c) Allegations of abuse that were not investigated by law
enforcement.
(d) Allegations of abuse that led to criminal charges.
(e) Allegations of abuse that led to prosecution.
(f) Allegations of abuse that led to conviction. + }
SECTION 9. { + In the third calendar quarter of 2010, 2012 and
2014, the Department of Human Services, the Department of Justice
and the Oregon Criminal Justice Commission shall report to the
interim judiciary committee and the appropriate interim human
services committee in each house of the Legislative Assembly, the
rate of prosecution of crimes against vulnerable victims that are
reported by the county multidisciplinary teams for vulnerable
adults under section 8 of this 2009 Act. + }
SECTION 10. ORS 124.005 is amended to read:
124.005. As used in ORS 124.005 to 124.040:
(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.
{ - (b) - } { + (c) + } Neglect { - that leads to
physical harm through withholding of services necessary to
maintain health and well-being - } .
{ - (c) - } { + (d) + } Abandonment, including desertion or
willful forsaking of { - an elderly person or a person with a
disability - } { + a vulnerable adult + } or the withdrawal or
neglect of duties and obligations owed { - an elderly person or
a person with a disability - } { + a vulnerable adult + } by a
caregiver or other person.
{ - (d) - } { + (e) + } Willful infliction of physical pain
or injury.
{ - (e) - } { + (f) + } Use of derogatory or inappropriate
names, { - phrases or - } { + insults, verbal assaults, + }
profanity, ridicule, harassment, coercion, threats,
{ - cursing, - } intimidation { + , humiliation + } or
inappropriate sexual comments or { + + } { - conduct - } { +
mental cruelty + }of such a nature as to threaten significant
physical or emotional harm to
{ - the elderly person or person with a disability - } { + a
vulnerable adult or provoke fear, agitation, confusion or severe
depression in a vulnerable adult + }.
{ - (f) - } { + (g) + } Causing any sweepstakes promotion
to be mailed to
{ - an elderly person or a person with a disability - } { + a
vulnerable adult + } who had received sweepstakes promotional
material in the United States mail, { + who + } spent more than
$500 in the preceding year on any sweepstakes promotions, or any
combination of sweepstakes promotions from the same service,
regardless of the identities of the originators of the
sweepstakes promotion { + , + } and who represented to the court
that the person felt the need for the court's assistance to
prevent the person from incurring further expense.
{ + (h) Wrongfully taking property belonging to or intended
for the use of a vulnerable adult. + }
{ - (g) - } { + (i) + } { - Wrongfully taking or
appropriating money or property, or knowingly subjecting an
elderly person or person with a disability - } { + Subjecting a
vulnerable adult + } to alarm by conveying a threat to wrongfully
take or appropriate money or property, which threat reasonably
would be expected to cause the { - elderly person or person
with a disability - } { + vulnerable adult + } to believe that
the threat will be carried out.
{ - (h) Sexual contact with a nonconsenting elderly person or
person with a disability or with an elderly person or person with
a disability considered incapable of consenting to a sexual act
as described in ORS 163.315. As used in this paragraph, 'sexual
contact' has the meaning given that term in ORS 163.305. - }
{ + (j) Sexual abuse.
(k) Isolation. + }
(2) 'Elderly person' means any person 65 years of age or older
{ - who is not subject to the provisions of ORS 441.640 to
441.665 - } .
{ + (3) 'Exploitation' means:
(a) The use or attempted use of the funds, assets or property
of a vulnerable adult with the intent of depriving the vulnerable
adult of the use, benefit or possession of the funds, assets or
property for the benefit of a person other than the vulnerable
adult by a person:
(A) In a position of trust or confidence with the vulnerable
adult; or
(B) Who knows or should have known that the vulnerable adult
lacks the capacity to consent to the use.
(b) A breach of fiduciary duty by an attorney, guardian or
other person in a fiduciary relationship with a vulnerable adult.
(c) A wrongful taking of the personal assets of a vulnerable
adult.
(d) The misappropriation, misuse or unauthorized transfer of
moneys from an account of a vulnerable adult, whether the account
is individual or joint.
(e) The intentional or negligent failure to effectively use the
income or assets of a vulnerable adult for the support and
maintenance of the vulnerable adult.
(4) 'Facility' means:
(a) A long term facility as defined in ORS 442.015.
(b) A residential facility as defined in ORS 443.400, including
but not limited to an assisted living facility.
(c) An adult foster home as defined in ORS 443.705. + }
{ - (3) - } { + (5) + } 'Guardian petitioner' means a
guardian or guardian ad litem for an elderly person or a person
with a disability who files a petition under ORS 124.005 to
124.040 on behalf of the elderly person or person with a
disability.
{ - (4) - } { + (6) + } 'Interfere' means to interpose in a
way that hinders or impedes.
{ - (5) - } { + (7) + } 'Intimidate' means to compel or
deter conduct by a threat.
{ + (8) 'Isolation' means an intentional act, excluding an
act prescribed by a licensed physician and treatment activities
consistent with an approved treatment plan or in connection with
a court order, that:
(a) Is intended to prevent a vulnerable adult from having
contact with a family member, friend or other person concerned
for the welfare of the vulnerable adult.
(b) Prevents a vulnerable adult from receiving mail, a
telephone call or other communication with a family member,
friend or other person concerned for the welfare of the
vulnerable adult.
(c) Physically or chemically restrains a vulnerable adult for
the purpose of preventing contact with a family member, friend or
other person concerned for the welfare of the vulnerable adult.
(d) Confines a vulnerable adult to a restricted area for the
purpose of preventing contact with a family member, friend or
other person concerned for the welfare of the vulnerable
adult. + }
{ - (6) - } { + (9) + } 'Menace' means to act in a
threatening manner.
{ - (7) - } { + (10) + } 'Molest' means to annoy, disturb
or persecute with hostile intent or injurious effect.
{ + (11) 'Neglect' means:
(a) A failure of or omission by a caregiver to provide the
care, supervision and services necessary to maintain the physical
and mental health of a vulnerable adult that results in or would
be reasonably expected to result in physical or emotional harm to
the vulnerable adult; or
(b) A failure of a caregiver to make a reasonable effort to
protect a vulnerable adult from abuse, neglect or exploitation
that results in or would be reasonably expected to result in
physical or emotional harm to the vulnerable adult. + }
{ - (8) - } { + (12) + } 'Person with a disability' means a
person described in:
(a) ORS 410.040 (7)(b); or
(b) ORS 410.715.
{ - (9) - } { + (13) + } 'Petitioner' means an elderly
person or a person with a disability who files a petition under
ORS 124.005 to 124.040.
{ + (14) 'Services' includes but is not limited to food,
clothing, medicine, bathing, personal hygiene, proper housing,
medical services or assistance that a reasonable person would
consider essential for the well-being of a vulnerable adult.
(15) 'Sexual abuse' means:
(a) Sexual activity, exposure to sexually explicit material or
language or sexual contact against the will of a vulnerable adult
by force, trickery, threat or coercion.
(b) Sexual activity or contact with a person incapable of
giving consent according to ORS 163.315.
(c) Any sexual contact between an employee of a facility or a
paid caregiver and a vulnerable adult served by the facility or
caregiver.
(d) Any sexual contact between a vulnerable adult and a
relative of the vulnerable adult other than a spouse or domestic
partner. + }
{ - (10) - } { + (16) + } 'Sweepstakes' means:
(a) A procedure for awarding a prize that is based on chance;
(b) A procedure in which a person is required to purchase
anything, pay anything of value or make a donation as a condition
of winning a prize or of receiving or obtaining information about
a prize; or
(c) A procedure that is advertised in a way that creates a
reasonable impression that a payment of anything of value,
{ + the + } purchase of anything or making a donation is a
condition of winning a prize or receiving or obtaining
information about a prize.
{ - (11) - } { + (17) + } 'Sweepstakes promotion' means an
offer to participate in a sweepstakes.
{ + (18) 'Vulnerable adult' means an elderly person or a
person with a disability who depends on the assistance of another
person for one or more activities of daily living including, but
not limited to, personal care, hygiene, toileting, eating,
dressing, bathing, medication management, employment, cooking,
financial management or personal safety. + }
SECTION 11. ORS 124.020 is amended to read:
124.020. (1) When a petitioner or guardian petitioner files a
petition under ORS 124.010, the circuit court shall hold an ex
parte hearing in person or by telephone on the day the petition
is filed or on the following judicial day. Upon a showing that
the elderly person or person with a disability named in the
petition has been the victim of abuse committed by the respondent
within 180 days preceding the filing of the petition and that
there is an immediate and present danger of further abuse to the
person, the court shall, if requested by the petitioner or
guardian petitioner, order, for a period of one year or until the
order is withdrawn or amended, whichever is sooner:
(a) That the respondent be required to move from the residence
of the elderly person or person with a disability, if in the sole
name of the person or if jointly owned or rented by the person
and the respondent, or if the parties are married to each other;
(b) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party;
(c) That the respondent be restrained from abusing,
intimidating, molesting, interfering with or menacing the elderly
person or person with a disability, or attempting to abuse,
intimidate, molest, interfere with or menace the person;
(d) That the respondent be restrained from entering, or
attempting to enter, on any premises when it appears to the court
that such restraint is necessary to prevent the respondent from
abusing, intimidating, molesting, interfering with or menacing
the elderly person or person with a disability;
(e) That the respondent be:
(A) Restrained, effective on a date not less than 150 days from
the date of the order, from mailing the elderly person or person
with a disability any sweepstakes promotion;
(B) Required to remove the elderly person or person with a
disability from the respondent's sweepstakes promotion mailing
list or place the person on a list of persons to whom sweepstakes
promotions may not be mailed; and
(C) Required to promptly refund any payment received in any
form from the elderly person or person with a disability after
the date the order is entered by the court; or
(f) Except as provided in subsection (2) of this section, other
relief that the court considers necessary to provide for the
safety and welfare of the elderly person or person with a
disability.
(2)(a) If the court finds that the elderly person or person
with a disability has been the victim of abuse as defined in ORS
124.005 { - (1)(g) - } { + (1)(h) or (i) + }, the court may
order only relief that the court considers necessary to prevent
or remedy the wrongful taking or appropriation of the money or
property of the person, including but not limited to:
(A) Directing the respondent to refrain from exercising control
over the money or property of the person;
(B) Requiring the respondent to return custody or control of
the money or property of the person to the person;
(C) Requiring the respondent to follow the instructions of the
guardian or conservator of the person; or
(D) Prohibiting the respondent from transferring the money or
property of the elderly person or person with a disability to any
person other than the elderly person or person with a disability.
(b) The court may not use a restraining order issued under ORS
124.005 to 124.040:
(A) To allow any person other than the elderly person or person
with a disability to assume responsibility for managing any of
the money or property of the elderly person or person with a
disability; or
(B) For relief that is more appropriately obtained in a
protective proceeding filed under ORS chapter 125 including, but
not limited to, giving control and management of the financial
accounts or property of the elderly person or person with a
disability for any purpose other than the relief granted under
paragraph (a) of this subsection.
(3) The showing required under subsection (1) of this section
may be made by testimony of:
(a) The elderly person or person with a disability;
(b) The guardian or guardian ad litem of the elderly person or
person with a disability;
(c) Witnesses to the abuse; or
(d) Adult protective services workers who have conducted an
investigation.
(4) Immediate and present danger under this section includes
but is not limited to situations in which the respondent has
recently threatened the elderly person or person with a
disability with additional abuse.
(5) When a guardian petitioner files a petition on behalf of an
elderly person or a person with a disability, the guardian
petitioner shall provide information about the person and not
about the guardian petitioner where the petition, order or
related forms described in subsection (6) of this section require
information about the petitioner.
(6) An instruction brochure shall be available from the clerk
of the court explaining the rights set forth under ORS 124.005 to
124.040. The petition, order and related forms shall be available
from the clerk of the court and shall be in substantially the
following form:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
OF ELDERLY
PERSONS OR
PERSONS WITH
vs. DISABILITIES
)
NO. ___
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO
NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO
HOLD YOU IN CONTEMPT OF COURT.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is
true:
I am a resident of _______ County, Oregon.
Respondent is a resident of _____ County, Oregon.
I am either 65 years of age or older (I am ____ years of age) or
I am a person with a disability (CIRCLE THE ONE THAT DESCRIBES
YOU).
1. CHECK AND FILL OUT ANY SECTION(S) that apply to you and
respondent:
_ A. Respondent and I have been living together since ____,
__ (year).
_ B. Respondent and I lived together from ____, __ (year), to
_____, __ (year).
_ C. I have been under the care of respondent since ____,
__ (year).
_ D. I was under the care of respondent from ____, __ (year),
to _____, __ (year).
_ E. Respondent has sent me sweepstakes promotions.
_ F. None of the above.
2. To qualify for a restraining order, respondent must have done
one or more of the following:
Within the last 180 days, respondent has:
_ A. Caused me physical injury by other than accidental means.
_ B. Attempted to cause me physical injury by other than
accidental means.
_ C. Placed me in fear of immediate serious physical injury.
_ D. Caused me physical harm by withholding services necessary
to maintain my health and well-being.
_ E. Abandoned or deserted me by withdrawing or neglecting to
perform duties and obligations.
_ F. Used derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats,
cursing, intimidation or inappropriate sexual comments or
conduct of such a nature as to place me in fear of
significant physical or emotional harm.
_ G. Sent me sweepstakes promotions, and I feel the need for
the court's assistance to protect me from further
expense. I am an elderly person or a person with a
disability. In the past year, I spent more than $500 on
sweepstakes promotions that I received in the United
States mail.
_ H. Wrongfully taken or appropriated my money or property, or
alarmed me by conveying a threat to me that my money or
property would be wrongfully taken or appropriated, which
I reasonably believed would be carried out.
_ I. Had nonconsensual sexual contact with me or sexual
contact to which I was incapable of consenting.
NOTICE TO PETITIONER: Sweepstakes companies are allowed up to
150 days to stop sending you sweepstakes entry materials. For a
time after the court issues a restraining order, you may receive
additional solicitations from respondent. However, beginning on
the date the restraining order is issued, the respondent must
immediately reject any further orders from you and must return
any money you send to the company after the date the restraining
order is issued.
3. Any period of time after the abuse occurred during which
respondent was incarcerated (in jail or prison) or lived more
than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a
restraining order.
Respondent was incarcerated from _______, __ (year),
to ______, __ (year).
Respondent lived more than 100 miles from my home
from _____, __ (year), to _____, __ (year).
4. Did the abuse happen within the last 180 days not including
the times respondent was incarcerated (in jail or prison) or
lived more than 100 miles from your home? Yes No
Date and location of abuse:
_______________
_______________
How did respondent injure or threaten to injure you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent injured or threatened to injure
you? If yes, explain:
_______________
_______________
_______________
6. The abuse I am complaining about was witnessed by
______ (affidavit attached). Other persons with knowledge of
the abuse are ______ (affidavit attached).
7. I am in immediate and present danger of further abuse by
respondent because:
_______________
_______________
_______________
8. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions,
explain:
_______________
_______________
9. A. There (is) (is not) another Elderly Persons and Persons
With Disabilities Abuse Prevention Act or Abuse
Prevention Act proceeding pending between respondent and
me. It is filed in ____ (County), ____ (State), and I am
(Petitioner) or (Respondent) in that case.
The case number of the case is: __________
B. There (is) (is not) another lawsuit pending between
respondent and me for divorce, annulment or legal
separation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
C. There (is) (is not) a protective proceeding filed in
____ (County), ____ (State).
10. Respondent may be required to move from your residence if it
is in your sole name, or if it is jointly owned or rented by
you and respondent, or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE '
PETITIONER'S REQUEST' COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
_________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
_______________
NOTARY PUBLIC FOR OREGON
My commission expires: ____
RELEVANT DATA
RESPONDENT __________
Sex __ Telephone # _____
Residence Address ________
City/State/Zip __________
County __________
Birthdate ____ Age __
Race ____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
PETITIONER (you) ________
GUARDIAN PETITIONER
Sex ___ *Telephone # _____ Name ________
*Residence Address ________ Address ________
City/State/Zip __________ ____________
County ____________ Telephone # _______
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
*If you wish to have your residential address or telephone
number withheld from respondent, use a contact address and
telephone number so the Court and the Sheriff can reach you
if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Description of vehicle ________
__________________
Does respondent have any weapons or access to weapons? Explain:
_________________________________________________________________
_________________________________________________________________
Has respondent ever been arrested for or convicted of a violent
crime? Explain:
_________________________________________________________________
_________________________________________________________________
Is there anything about respondent's character, past behavior or
the present situation that indicates that respondent may be a
danger to self or others? Explain:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner )
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
)OF ELDERLY PERSONS
vs. )OR PERSONS WITH
)DISABILITIES
)
)NO. _____
______
, )
Respondent )
(person to be res)rained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO THE RESPONDENT:
VIOLATION OF THIS RESTRAINING ORDER
MAY RESULT IN YOUR ARREST AND IN
CIVIL AND/OR CRIMINAL PENALTIES.
REVIEW THIS ORDER CAREFULLY.
EACH PROVISION MUST BE OBEYED.
SEE YOUR RIGHTS TO A HEARING.
The Court, having reviewed the petition, makes the following
findings:
Judge's Initials
_ Petitioner has been abused by respondent as defined by ORS
124.005;
_ The abuse of petitioner by respondent occurred within the
last 180 days as provided in ORS 124.010;
_ There is an immediate and present danger of further abuse to
petitioner.
IT IS HEREBY ORDERED that:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with or menace
petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 2. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Petitioner's residence. ___
? Petitioner's business or place of employment.
___
? Petitioner's school. ___
? Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 3. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Contacting, or attempting to contact, petitioner by telephone.
___
? Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 4. Respondent shall move from and not return_to the re-
__
sidence located at ________
except with a
peace officer in order to remove essential personal effects
of the respondent, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 5. A peace officer shall accompany the petitioner to the
___
parties' residence in order to remove essential personal
effects of petitioner, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 6. Beginning on a date not less than 150 ___
days from the date of this order, the respondent shall
not mail the petitioner any further sweepstakes promotions.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 7. Respondent shall remove the petitioner from_
__
the respondent's sweepstakes promotion mailing list or
shall place the petitioner on the respondent's list of
persons to whom sweepstakes promotions may not be mailed.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 8. Respondent shall refund any payment received
___
in any form from the petitioner after the date
this order is entered by the court.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ?10. No further service is necessary because respondent
___
appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR
A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR
SUPERSEDED, WHICHEVER OCCURS FIRST.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I am a resident of the State of Oregon. I am a competent person
18 years of age or older. I am not an attorney for or a party to
this case, or an officer, director or employee of any party to
this case.
On the ___ day of ____, 2__, I served the Restraining Order to
Prevent Abuse of Elderly Persons or Persons With Disabilities and
the Petition for Restraining Order to Prevent Abuse of Elderly
Persons or Persons With Disabilities in this case personally upon
the above-named respondent in ______ County by delivering to the
respondent a copy of those papers, each of which was certified to
be a true copy of each original.
_______________
Signature of ________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Comes now petitioner, _____, and moves this Court for an order
allowing the voluntary withdrawal and dismissal of the
Restraining Order on file herein.
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
IT IS SO ORDERED this ___ day of ____, 2__.
____________
JUDGE
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, (Elderly Persons and
Persons With Disabilities
Abuse Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY
THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS
ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE
CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL
OR DELIVER IT TO:
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU
RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE
NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD
WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE
ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS
HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT'S
TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
Keep in mind that this order remains in effect until the court
that issued the order modifies or dismisses it. If you are
arrested for violating this order, the security amount (bail) is
$5,000, unless a different amount is ordered by the court.
Violation of this order constitutes contempt of court and is
punishable by a fine of up to $500 or one percent of your annual
gross income, whichever is greater, a jail term of up to six
months, or both. Other sanctions may be imposed.
_________________________________________________________________
REQUEST FOR HEARING
I am the Respondent in the above-referenced action and I request
a hearing to contest all or part of the order as follows (mark
one or more):
_ The order restraining me from contacting, or attempting to
contact, the petitioner.
_ Other __________
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me
at the address below my signature.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(7) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to effect service and shall have a true copy of the
petition and order delivered to the county sheriff for service
upon the respondent, unless the court finds that further service
is unnecessary because the respondent appeared in person before
the court.
(b) The county sheriff shall serve the respondent personally
unless the petitioner or guardian petitioner elects to have the
respondent served personally by a private party or by a peace
officer who is called to the scene of a domestic disturbance at
which the respondent is present, and who is able to obtain a copy
of the order within a reasonable amount of time. Proof of service
shall be made in accordance with ORS 124.030.
(c) A respondent accused of committing abuse by means of a
sweepstakes promotion may be served:
(A) Personally;
(B) By mailing certified true copies of the petition and order
by certified mail to the address to which the elderly person or
person with a disability would have sent the payment for goods or
services promoted in the sweepstakes promotion had the elderly
person or person with a disability been ordering the goods or
services; or
(C) In the manner directed by the court.
(d) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
124.005 to 124.040.
(8) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
order and petition shall be returned to the clerk of the court.
The clerk of the court shall notify the petitioner or guardian
petitioner, at the address provided by the petitioner or guardian
petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner
or guardian petitioner, at the address provided by the petitioner
or guardian petitioner, that the documents have not been served.
If the petitioner or guardian petitioner does not respond within
10 days, the county sheriff shall hold the order and petition for
future service and file a return to the clerk of the court
showing that service was not completed.
(9)(a) Within 30 days after a restraining order is served on
the respondent under this section or within 30 days after notice
is served on the elderly person or person with a disability under
ORS 124.024, the respondent, elderly person or person with a
disability may request a court hearing upon any relief granted.
The hearing request form shall be available from the clerk of the
court and shall be in substantially the form provided in
subsection (6) of this section.
(b) If the respondent, elderly person or person with a
disability requests a hearing under paragraph (a) of this
subsection, the clerk of the court shall notify the petitioner or
guardian petitioner of the date and time of such hearing, and
shall supply the petitioner or guardian petitioner with a copy of
the request for a hearing. The petitioner or guardian petitioner
shall give to the clerk of the court information sufficient to
allow such notification.
(c) The hearing is not limited to the issues raised in the
request for hearing form and may include testimony from witnesses
to the abuse and adult protective services workers. The hearing
may be held in person or by telephone. If the respondent, elderly
person or person with a disability seeks to raise an issue at the
hearing not previously raised in the request for hearing form,
the petitioner or guardian petitioner is entitled to a reasonable
continuance for the purpose of preparing a response to the issue.
(d) The court shall exercise its discretion in a manner that
protects the elderly person or person with a disability from
traumatic confrontation with the respondent.
SECTION 12. ORS 124.065 is amended to read:
124.065. (1) When a report is required under ORS 124.060, an
oral report shall be made immediately by telephone or otherwise
to the local office of the Department of Human Services or to a
law enforcement agency within the county where the person making
the report is at the time of contact. If known, such reports
shall contain the names and addresses of the elderly person and
any persons responsible for the care of the elderly person, the
nature and the extent of the abuse (including any evidence of
previous abuse), the explanation given for the abuse and any
other information which the person making the report believes
might be helpful in establishing the cause of the abuse and the
identity of the perpetrator. { + If the local office of the
Department of Human Services receives a report, the office shall
immediately refer the report to the Office of Investigations and
Training. + }
(2) When a report { + of a possible crime + } is received by
the department under ORS 124.060, the { - department may - }
{ + investigator from the Office of Investigations and Training
shall + } notify the law enforcement agency having jurisdiction
within the county where the report was made. If the
{ - department - } { + investigator + } is unable to gain
access to the allegedly abused elderly person, the
{ - department - } { + investigator + } may contact the law
enforcement agency for assistance and the agency shall provide
assistance.
{ + (3) If an investigator determines that there is reason to
believe a crime has been committed, the investigator shall
immediately notify the law enforcement agency having jurisdiction
within the county where the report was made. The law enforcement
agency shall confirm to the Office of Investigations and Training
its receipt of the notification within two business days.
(4) + } When a report is received by a law enforcement agency,
the agency shall immediately notify the law enforcement agency
having jurisdiction if the receiving agency does not. The
receiving agency shall also immediately notify the local office
of the department in the county where the report was made.
SECTION 13. ORS 124.065, as amended by section 12 of this 2009
Act, is amended to read:
124.065. (1) When a report is required under ORS 124.060, an
oral report shall be made immediately by telephone or otherwise
to the local office of the Department of Human Services or to a
law enforcement agency within the county where the person making
the report is at the time of contact. If known, such reports
shall contain the names and addresses of the elderly person and
any persons responsible for the care of the elderly person, the
nature and the extent of the abuse (including any evidence of
previous abuse), the explanation given for the abuse and any
other information which the person making the report believes
might be helpful in establishing the cause of the abuse and the
identity of the perpetrator. If the local office of the
Department of Human Services receives a report, the office shall
immediately refer the report to the Office of Investigations and
Training.
(2) When a report of a possible crime is received by the
department under ORS 124.060, the investigator from the Office of
Investigations and Training shall notify the law enforcement
agency having jurisdiction within the county where the report was
made. If the investigator is unable to gain access to the
allegedly abused elderly person, the investigator may contact the
law enforcement agency for assistance and the agency shall
provide assistance.
(3) If an investigator determines that there is reason to
believe a crime has been committed, the investigator shall
immediately notify the law enforcement agency having jurisdiction
within the county where the report was made. The law enforcement
agency shall confirm to the Office of Investigations and Training
its receipt of the notification { - within two business
days - } .
(4) When a report is received by a law enforcement agency, the
agency shall immediately notify the law enforcement agency having
jurisdiction if the receiving agency does not. The receiving
agency shall also immediately notify the local office of the
department in the county where the report was made.
SECTION 14. ORS 124.070 is amended to read:
124.070. (1) Upon receipt of the report required under ORS
124.060, the { + Office of Investigations and Training in
the + } Department of Human Services or the law enforcement
agency shall cause an investigation to be commenced promptly to
determine the nature and cause of the abuse. { + The
investigation shall include a visit to the named elderly person
and consultation with those individuals having knowledge of the
facts of the particular case. If the alleged abuse occurs in a
residential facility, the office shall conduct an investigation
regardless of whether the suspected abuser continues to be
employed by the facility. + }
(2) If the { - department - } { + investigator from the
office + } { - or law enforcement agency - } conducting the
investigation finds reasonable cause to believe that
{ - abuse - } { + a crime + } has occurred, the
{ - department - } { + investigator + } { - or law
enforcement agency - } shall notify in writing the appropriate
law enforcement agency { - or the local office of the
department, respectively. The investigation shall include a visit
to the named elderly person and consultation with those
individuals having knowledge of the facts of the particular
case - } . { + If the law enforcement agency conducting the
investigation finds reasonable cause to believe that abuse has
occurred, the agency shall notify in writing the local office of
the department. + } Upon completion of the evaluation of each
case, { + an investigator shall prepare + } written findings
{ - shall be prepared which shall - } { + that + } include
recommended action and a determination of whether protective
services are needed.
{ + (3) Within three business days of receiving notification
from the Office of Investigations and Training that there is
reasonable cause to believe that a crime has occurred, a law
enforcement agency shall notify the office:
(a) That there will be no criminal investigation, including an
explanation of why there will be no criminal investigation;
(b) That the investigative findings have been given to the
district attorney for review; or
(c) That a criminal investigation will take place.
(4) If a law enforcement agency gives the findings of the
office to the district attorney for review, within five business
days the district attorney shall notify the office that the
district attorney has received the findings and shall inform the
office whether the findings have been received for review or for
filing charges. A district attorney shall make the determination
of whether to file charges within six months of receiving the
findings of the office.
(5) If a district attorney files charges stemming from the
findings of the office and the district attorney makes a
determination not to proceed to trial, the district attorney
shall notify the office of the determination within five business
days and shall include information explaining the basis for the
determination. + }
SECTION 15. ORS 124.070, as amended by section 14 of this 2009
Act, is amended to read:
124.070. (1) Upon receipt of the report required under ORS
124.060, the Office of Investigations and Training in the
Department of Human Services or the law enforcement agency shall
cause an investigation to be commenced promptly to determine the
nature and cause of the abuse. The investigation shall include a
visit to the named elderly person and consultation with those
individuals having knowledge of the facts of the particular case.
If the alleged abuse occurs in a residential facility, the office
shall conduct an investigation regardless of whether the
suspected abuser continues to be employed by the facility.
(2) If the investigator from the office conducting the
investigation finds reasonable cause to believe that a crime has
occurred, the investigator shall notify in writing the
appropriate law enforcement agency. If the law enforcement agency
conducting the investigation finds reasonable cause to believe
that abuse has occurred, the agency shall notify in writing the
local office of the department. Upon completion of the evaluation
of each case, an investigator shall prepare written findings that
include recommended action and a determination of whether
protective services are needed.
(3) { - Within three business days of - } { + After + }
receiving notification from the Office of Investigations and
Training that there is reasonable cause to believe that a crime
has occurred, a law enforcement agency shall notify the office:
(a) That there will be no criminal investigation, including an
explanation of why there will be no criminal investigation;
(b) That the investigative findings have been given to the
district attorney for review; or
(c) That a criminal investigation will take place.
(4) If a law enforcement agency gives the findings of the
office to the district attorney for review, { - within five
business days - } the district attorney shall notify the office
that the district attorney has received the findings and shall
inform the office whether the findings have been received for
review or for filing charges. A district attorney shall make the
determination of whether to file charges within six months of
receiving the findings of the office.
(5) If a district attorney files charges stemming from the
findings of the office and the district attorney makes a
determination not to proceed to trial, the district attorney
shall notify the office of the determination { - within five
business days - } and shall include information explaining the
basis for the determination.
SECTION 16. ORS 124.100 is amended to read:
124.100. (1) As used in ORS 124.100 to 124.140:
(a) 'Elderly person' means a person 65 years of age or older.
(b) 'Financially incapable' has the meaning given that term in
ORS 125.005.
(c) 'Incapacitated' has the meaning given that term in ORS
125.005.
(d) 'Person with a disability' means a person { + :
(A) + } With a physical or mental impairment that:
{ - (A) - } { + (i) + } Is likely to continue without
substantial improvement for no fewer than 12 months or to result
in death; and
{ - (B) - } { + (ii) + } Prevents performance of
substantially all the ordinary duties of occupations in which an
individual not having the physical or mental impairment is
capable of engaging, having due regard to the training,
experience and circumstances of the person with the physical or
mental impairment { - . - } { + ; or
(B) Is a vulnerable adult as defined in ORS 430.735. + }
(e) 'Vulnerable person' means:
(A) An elderly person;
(B) A financially incapable person;
(C) An incapacitated person; or
(D) A person with a disability who is susceptible to force,
threat, duress, coercion, persuasion or physical or emotional
injury because of the person's physical or mental impairment.
(2) A vulnerable person who suffers injury, damage or death by
reason of physical abuse or financial abuse may bring an action
against any person who has caused the physical or financial abuse
or who has permitted another person to engage in physical or
financial abuse. The court shall award the following to a
plaintiff who prevails in an action under this section:
(a) An amount equal to three times all economic damages, as
defined in ORS 31.710, resulting from the physical or financial
abuse, or { - $500 - } { + $1,000 + }, whichever amount is
greater.
(b) An amount equal to three times all noneconomic damages, as
defined by ORS 31.710, resulting from the physical or financial
abuse.
(c) Reasonable attorney fees incurred by the plaintiff.
(d) Reasonable fees for the services of a conservator or
guardian ad litem incurred by reason of the litigation of a claim
brought under this section.
(3) An action may be brought under this section only by:
(a) A vulnerable person;
(b) A guardian, conservator or attorney-in-fact for a
vulnerable person;
(c) A personal representative for the estate of a decedent who
was a vulnerable person at the time the cause of action arose; or
(d) A trustee for a trust on behalf of the trustor or the
spouse of the trustor who is a vulnerable person.
(4) An action may be brought under this section only for
physical abuse described in ORS 124.105 or for financial abuse
described in ORS 124.110.
(5) An action may be brought under this section against a
person for permitting another person to engage in physical or
financial abuse if the person knowingly acts or fails to act
under circumstances in which a reasonable person should have
known of the physical or financial abuse.
(6) A person commencing an action under this section must serve
a copy of the complaint on the Attorney General within 30 days
after the action is commenced.
SECTION 17. ORS 124.105 is amended to read:
124.105. (1) An action may be brought under ORS 124.100 for
physical abuse if the defendant engaged in conduct against a
vulnerable person that would constitute any of the following:
(a) Assault, under the provisions of ORS 163.160, 163.165,
163.175 and 163.185.
(b) Menacing, under the provisions of ORS 163.190.
(c) Recklessly endangering another person, under the provisions
of ORS 163.195.
(d) Criminal mistreatment, under the provisions of ORS 163.200
and 163.205.
(e) Rape, under the provisions of ORS 163.355, 163.365 and
163.375.
(f) Sodomy, under the provisions of ORS 163.385, 163.395 and
163.405.
(g) Unlawful sexual penetration, under the provisions of ORS
163.408 and 163.411.
(h) Sexual abuse, under the provisions of ORS 163.415, 163.425
and 163.427.
(i) Strangulation, under ORS 163.187.
(2) An action may be brought under ORS 124.100 for physical
abuse if the defendant used any unreasonable physical constraint
on the vulnerable person or subjected the vulnerable person to
prolonged or continued deprivation of food or water.
(3) An action may be brought under ORS 124.100 for physical
abuse if the defendant used a physical or chemical restraint, or
psychotropic medication on the vulnerable person without an order
from a physician licensed in the State of Oregon or under any of
the following conditions:
(a) For the purpose of punishing the vulnerable person.
(b) For any purpose not consistent with the purposes authorized
by a physician.
(c) For a period significantly beyond that for which the
restraint or medication was authorized by a physician.
{ + (4) An action may be brought under ORS 124.100 for
physical abuse if the vulnerable person died as a result of
abuse, as defined in ORS 430.735, by the defendant. + }
SECTION 18. { + A person who has personal knowledge that an
employee or former employee of the person was found by the
Department of Human Services, a law enforcement agency or a court
to have committed abuse under ORS 124.005 to 124.040, 124.050 to
124.095 or 124.100 to 124.140, is immune from civil liability for
the disclosure to a prospective employer of the employee or
former employee of known facts concerning the abuse. + }
SECTION 19. ORS 180.090 is amended to read:
180.090. { + (1) + } In making investigations of and
conducting special prosecutions for violations or alleged
violations of the criminal laws of the state, the Attorney
General may call upon the Department of State Police or any other
peace officer or department for assistance in making such
investigations or, in the discretion of the Attorney General, may
employ special investigators for such purpose.
{ + (2) The Attorney General shall employ a forensic
investigator with the knowledge and skills to assist in the
investigation of allegations of criminal abuse against vulnerable
adults under ORS 124.070 and 430.745. + }
SECTION 20. 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. - }
{ + (d) Neglect.
(e) Abandonment, including desertion or willful forsaking of a
vulnerable adult or the withdrawal or neglect of duties and
obligations owed a vulnerable adult by a caregiver or other
person.
(f) Use of derogatory or inappropriate names, insults, verbal
assaults, profanity, ridicule, harassment, coercion, threats,
intimidation, humiliation or inappropriate sexual comments or
mental cruelty of such a nature as to threaten significant
physical or emotional harm to a vulnerable adult or provoke fear,
agitation, confusion or severe depression in a vulnerable adult.
(g) Causing any sweepstakes promotion to be mailed to a
vulnerable adult who had received sweepstakes promotional
material in the United States mail, who spent more than $500 in
the preceding year on any sweepstakes promotions, or any
combination of sweepstakes promotions from the same service,
regardless of the identities of the originators of the
sweepstakes promotion, and who represented to the court that the
person felt the need for the court's assistance to prevent the
person from incurring further expense.
(h) Wrongfully taking property belonging to or intended for the
use of a vulnerable adult.
(i) Subjecting a vulnerable adult to alarm by conveying a
threat to wrongfully take or appropriate money or property, which
threat reasonably would be expected to cause the vulnerable adult
to believe that the threat will be carried out.
(j) Sexual abuse.
(k) Isolation. + }
{ - (2) 'Adult' means a person 18 years of age or older
with: - }
{ - (a) A developmental disability who is currently receiving
services from a community program or facility or was previously
determined eligible for services as an adult by a community
program or facility; or - }
{ - (b) A mental illness who is receiving services from a
community program or facility. - }
{ - (3) - } { + (2) + } '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, including petitioning for a
protective order as defined in ORS 125.005. 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) - } { + (3) + } '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) - } { + (4) + } '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. - }
{ + (5) 'Exploitation' means:
(a) The use or attempted use of the funds, assets or property
of a vulnerable adult with the intent of depriving the vulnerable
adult of the use, benefit or possession of the funds, assets or
property for the benefit of a person other than the vulnerable
adult by a person:
(A) In a position of trust or confidence with the vulnerable
adult; or
(B) Who knows or should have known the vulnerable adult lacks
the capacity to consent to the use.
(b) A breach of fiduciary duty by an attorney, guardian or
other person in a fiduciary relationship with a vulnerable adult.
(c) A wrongful taking of the personal assets of a vulnerable
adult.
(d) The misappropriation, misuse or unauthorized transfer of
moneys from an account of a vulnerable adult, whether the account
is individual or joint.
(e) The intentional or negligent failure to effectively use the
income or assets of a vulnerable adult for the support and
maintenance of the vulnerable adult. + }
{ - (7) - } { + (6) + } 'Facility' means a residential
treatment home or facility, residential care facility, adult
foster home, residential training home or facility or crisis
respite facility.
{ + (7) 'Intimidate' means to compel or deter conduct by a
threat.
(8) 'Isolation' means an intentional act, excluding an act
prescribed by a licensed physician and treatment activities
consistent with an approved treatment plan or in connection with
a court order, that:
(a) Is intended to prevent a vulnerable adult from having
contact with a family member, friend or other person concerned
for the welfare of the vulnerable adult.
(b) Prevents a vulnerable adult from receiving mail, a
telephone call or other communication with a family member,
friend or other person concerned for the welfare of the
vulnerable adult.
(c) Physically or chemically restrains a vulnerable adult for
the purpose of preventing contact with a family member, friend or
other person concerned for the welfare of the vulnerable adult.
(d) Confines a vulnerable adult to a restricted area for the
purpose of preventing contact with a family member, friend or
other person concerned for the welfare of the vulnerable
adult. + }
{ - (8) - } { + (9) + } '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.
{ + (10) 'Neglect' means:
(a) A failure of or omission by a caregiver to provide the
care, supervision and services necessary to maintain the physical
and mental health of a vulnerable adult that results in or would
be reasonably expected to result in physical or emotional harm to
the vulnerable adult; or
(b) A failure of a caregiver to make a reasonable effort to
protect a vulnerable adult from abuse, neglect or exploitation
that results in or would be reasonably expected to result in
physical or emotional harm to the vulnerable adult. + }
{ - (9) - } { + (11) + } '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.
{ + (12) 'Services' includes but is not limited to food,
clothing, medicine, bathing, personal hygiene, proper housing,
medical services or assistance that a reasonable person would
consider essential for the well-being of a vulnerable adult.
(13) 'Sexual abuse' means:
(a) Sexual activity, exposure to sexually explicit material or
language or sexual contact against the will of a vulnerable adult
by force, trickery, threat or coercion.
(b) Sexual activity or contact with a person incapable of
giving consent according to ORS 163.315.
(c) Any sexual contact between an employee of a facility or a
community program or a paid caregiver and a vulnerable adult
served by the facility, community program or caregiver.
(d) Any sexual contact between a vulnerable adult and a
relative of the vulnerable adult other than a spouse or domestic
partner.
(14) 'Sweepstakes' means:
(a) A procedure for awarding a prize that is based on chance;
(b) A procedure in which a person is required to purchase
anything, pay anything of value or make a donation as a condition
of winning a prize or of receiving or obtaining information about
a prize; or
(c) A procedure that is advertised in a way that creates a
reasonable impression that a payment of anything of value, the
purchase of anything or making a donation is a condition of
winning a prize or receiving or obtaining information about a
prize.
(15) 'Sweepstakes promotion' means an offer to participate in a
sweepstakes.
(16) 'Vulnerable adult' means a person 18 years of age or older
with:
(a) A developmental disability, autism spectrum disorder or
mental retardation who depends on the assistance of another
person to perform self-care and self-management including, but
not limited to, personal care, hygiene, toileting, eating,
dressing, bathing, medication management, employment, cooking,
financial management or personal safety; or
(b) A mental illness who is receiving services from a community
program or facility or who was previously determined eligible for
services as an adult by a community program or facility who
depends on the assistance of another person to perform self-care
and self-management including, but not limited to, personal care,
hygiene, toileting, eating, dressing, bathing, medication
management, employment, cooking, financial management or personal
safety. + }
SECTION 21. ORS 430.743 is amended to read:
430.743. (1) When a report is required under ORS 430.765 (1)
and (2), an oral report shall be made immediately by telephone or
otherwise to { - the designee of - } the Department of Human
Services or a law enforcement agency within the county where the
person making the report is at the time of contact. If known, the
report shall include:
(a) The name, age and present location of the allegedly abused
adult;
(b) The names and addresses of persons responsible for the
adult's care;
(c) The nature and extent of the alleged abuse, including any
evidence of previous abuse;
(d) Any information that led the person making the report to
suspect that abuse has occurred plus any other information that
the person believes might be helpful in establishing the cause of
the abuse and the identity of the perpetrator; and
(e) The date of the incident.
(2) When a report is received by the { - department's
designee - } { + department + } under this section, the
{ - designee - } { + department + } shall immediately
{ + refer the report to the Office of Investigations and
Training to + } determine whether { + abuse occurred and if + }
the reported victim has sustained any serious injury. { - If
so, the designee shall immediately notify the department. - } If
there is reason to believe a crime has been committed, the
{ - designee - } { + office + } shall notify the law
enforcement agency having jurisdiction within the county where
the report was made { + and shall provide its findings + }. If
the { - designee - } { + office + } is unable to gain access
to the allegedly abused adult, the { - designee - } { +
office + } may contact the law enforcement agency for assistance
and the agency shall provide assistance. When a report is
received by a law enforcement agency, the agency shall
immediately notify the law enforcement agency having jurisdiction
if the receiving agency does not. The receiving agency shall also
immediately notify the department in cases of serious injury or
death.
{ + (3) Upon receipt of a report of abuse under this section,
the investigator shall notify:
(a) The agency providing primary case management services to
the vulnerable adult; and
(b) The guardian or case manager of the vulnerable adult unless
the notification would undermine the integrity of the
investigation because the guardian or case manager is suspected
of committing abuse. + }
SECTION 22. ORS 430.745 is amended to read:
430.745. (1) Upon receipt of any report of alleged abuse of an
adult, the Department of Human Services { - or its designee - }
shall { + refer the report to the Office of Investigations and
Training to + } investigate promptly to determine the nature and
cause of the abuse. { + If the alleged abuse is committed in a
residential facility, the office shall conduct the investigation
regardless of whether the suspected abuser continues to be
employed by the facility. + } { - If the department or its
designee determines that a law enforcement agency is conducting
an investigation of the same incident, the department or its
designee need not conduct its own investigation. - }
(2) { - The department or its designee - } { + An inspector
from the office + } may enter a facility and inspect and copy
records of a facility or community program if necessary for the
completion of
{ - its - } { + the + } investigation.
(3) In cases in which the { - department, its designee - }
{ + office + } or the law enforcement agency conducting the
investigation finds reasonable cause to believe that an adult has
died as a result of abuse, it shall report that information to
the appropriate medical examiner. The medical examiner shall
complete an investigation as required under ORS chapter 146 and
report the findings to the
{ - department, its designee - } { + office + } or the law
enforcement agency.
(4) Upon completion of an investigation conducted by a law
enforcement agency, that agency shall provide the
{ - department or its designee - } { + office + } with a
report of its findings and supporting evidence.
(5) If the { - department or its designee - }
{ + investigator from the office + } determines that there is
reasonable cause to believe that abuse occurred at a facility or
that abuse was caused or aided by a person licensed by a
licensing agency to provide care or services, { - it - } { +
the investigator + } shall immediately notify each appropriate
licensing agency and provide each licensing agency with a copy of
its investigative findings.
(6) Upon completion of the investigation, the { - department
or its designee - } { + investigator + } shall prepare written
findings { - which - } { + that + } include recommended
actions and a determination of whether protective services are
needed. { + The local office of the department or its designee
shall provide + } appropriate protective services
{ - shall be provided - } as necessary to prevent further
abuse of the adult. Any protective services provided shall be
undertaken in a manner that is least intrusive to the adult and
provides for the greatest degree of independence that is
available within existing resources.
{ + (7) If the investigator determines that there is reason
to believe a crime has occurred, the investigator shall report
the findings to the appropriate law enforcement agency. The law
enforcement agency must confirm its receipt of the report to the
Office of Investigations and Training within two business days.
Within three days of receipt of the findings, the agency shall
notify the office:
(a) That there will be no criminal investigation, including an
explanation of why there will be no criminal investigation;
(b) That the findings have been given to the district attorney
for review; or
(c) That there will be a criminal investigation.
(8) If a law enforcement agency gives the findings of the
investigator to the district attorney for review, within five
business days the district attorney shall notify the office that
the district attorney has received the findings and shall inform
the office whether the findings have been received for review or
for filing charges. A district attorney shall make the
determination of whether to file charges within six months of
receiving the findings of the office.
(9) If a district attorney files charges stemming from a report
from the office and the district attorney makes a determination
not to proceed to trial, the district attorney shall notify the
office of the determination within five days and shall include
information explaining the basis for the determination. + }
SECTION 23. ORS 430.745, as amended by section 22 of this 2009
Act, is amended to read:
430.745. (1) Upon receipt of any report of alleged abuse of an
adult, the Department of Human Services shall refer the report to
the Office of Investigations and Training to investigate promptly
to determine the nature and cause of the abuse. If the alleged
abuse is committed in a residential facility, the office shall
conduct the investigation regardless of whether the suspected
abuser continues to be employed by the facility.
(2) An inspector from the office may enter a facility and
inspect and copy records of a facility or community program if
necessary for the completion of the investigation.
(3) In cases in which the office or the law enforcement agency
conducting the investigation finds reasonable cause to believe
that an adult has died as a result of abuse, it shall report that
information to the appropriate medical examiner. The medical
examiner shall complete an investigation as required under ORS
chapter 146 and report the findings to the office or the law
enforcement agency.
(4) Upon completion of an investigation conducted by a law
enforcement agency, that agency shall provide the office with a
report of its findings and supporting evidence.
(5) If the investigator from the office determines that there
is reasonable cause to believe that abuse occurred at a facility
or that abuse was caused or aided by a person licensed by a
licensing agency to provide care or services, the investigator
shall immediately notify each appropriate licensing agency and
provide each licensing agency with a copy of its investigative
findings.
(6) Upon completion of the investigation, the investigator
shall prepare written findings that include recommended actions
and a determination of whether protective services are needed.
The local office of the department or its designee shall provide
appropriate protective services as necessary to prevent further
abuse of the adult. Any protective services provided shall be
undertaken in a manner that is least intrusive to the adult and
provides for the greatest degree of independence that is
available within existing resources.
(7) If the investigator determines that there is reason to
believe a crime has occurred, the investigator shall report the
findings to the appropriate law enforcement agency. The law
enforcement agency must confirm its receipt of the report to the
Office of Investigations and Training { + . + } { - within two
business days. Within three days of receipt of the findings, - }
The agency shall notify the office { + of its determination + }:
(a) That there will be no criminal investigation, including an
explanation of why there will be no criminal investigation;
(b) That the findings have been given to the district attorney
for review; or
(c) That there will be a criminal investigation.
(8) If a law enforcement agency gives the findings of the
investigator to the district attorney for review, { - within
five business days - } the district attorney shall notify the
office that the district attorney has received the findings and
shall inform the office whether the findings have been received
for review or for filing charges. A district attorney shall make
the determination of whether to file charges within six months of
receiving the findings of the office.
(9) If a district attorney files charges stemming from a report
from the office and the district attorney makes a determination
not to proceed to trial, the district attorney shall notify the
office of the determination { - within five days - } and shall
include information explaining the basis for the determination.
SECTION 24. { + A person who has personal knowledge that an
employee or former employee of the person was found by the
Department of Human Services or a law enforcement agency to have
committed abuse under ORS 430.745, is immune from civil liability
for the disclosure to a prospective employer of the employee or
former employee of known facts concerning the abuse. + }
SECTION 25. ORS 441.020 is amended to read:
441.020. (1) Licenses for health care facilities including long
term care facilities, as defined in ORS 442.015, shall be
obtained from the Department of Human Services.
(2) Applications shall be upon such forms and shall contain
such information as the department may reasonably require, which
may include affirmative evidence of ability to comply with such
reasonable standards and rules as may lawfully be prescribed
under ORS 441.055.
(3) Each application shall be accompanied by the license fee.
If the license is denied, the fee shall be refunded to the
applicant. { + Except as provided in subsection (13) of this
section, + } if the license is issued, the fee shall be paid into
the State Treasury to the credit of the Department of Human
Services Account for carrying out the functions under ORS 441.015
to 441.063 and 431.607 to 431.619.
(4) Except as otherwise provided in subsection (5) of this
section, for hospitals with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty or more beds but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred or more beds, the annual license fee shall be
$3,400.
(5) For long term care facilities with:
{ - (a) Fewer than 16 beds, the annual license fee shall be
up to $120. - }
{ - (b) Sixteen beds or more but fewer than 50 beds, the
annual license fee shall be up to $175. - }
{ - (c) Fifty beds or more but fewer than 100 beds, the
annual license fee shall be up to $350. - }
{ - (d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be up to $450. - }
{ - (e) Two hundred beds or more, the annual license fee
shall be up to $580. - }
{ + (a) One to 15 beds, the annual license fee shall be $180.
(b) Sixteen to 49 beds, the annual license fee shall be $260.
(c) Fifty to 99 beds, the annual license fee shall be $520.
(d) One hundred to 150 beds, the annual license fee shall be
$670.
(e) More than 150 beds, the annual license fee shall be
$750. + }
(6) For special inpatient care facilities with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty beds or more but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred beds or more, the annual license fee shall be
$3,400.
(7) For ambulatory surgical centers, the annual license fee
shall be $1,000.
(8) For birthing centers, the annual license fee shall be $250.
(9) For outpatient renal dialysis facilities, the annual
license fee shall be $1,500.
(10) During the time the licenses remain in force { + , + }
holders
{ - thereof - } are not required to pay inspection fees to any
county, city or other municipality.
(11) Any health care facility license may be indorsed to permit
operation at more than one location. { - In such case - }
{ + If so, + } the applicable license fee shall be the sum of
the license fees
{ - which - } { + that + } would be applicable if each
location were separately licensed.
(12) Licenses for health maintenance organizations shall be
obtained from the Director of the Department of Consumer and
Business Services pursuant to ORS 731.072.
{ + (13) All moneys received pursuant to subsection (5) of
this section shall be deposited in the Quality Care Fund
established in section 1 of this 2009 Act. + }
SECTION 26. ORS 441.715 is amended to read:
441.715. (1)(a) After public hearing, the Director of Human
Services by rule shall adopt objective criteria for establishing
the civil penalty that may be imposed under ORS 441.710. However,
the civil penalty may not exceed $500 for each violation, except
as otherwise provided in { - ORS 441.637 and 441.995 - }
{ + this subsection and ORS 441.995 or as otherwise required by
federal law + }.
(b) Notwithstanding the limitations on the civil penalty in
paragraph (a) of this subsection, for any violation involving
direct resident care or feeding, an adequate staff to resident
ratio, sanitation involving direct resident care or a violation
of ORS 441.605 or rules required to be adopted under ORS 441.610,
a penalty may be imposed for each day the violation occurs in an
amount not to exceed $500 per day { + or as otherwise required
by federal law + }.
{ + (c) If the Department of Human Services determines that
there is reasonable cause to believe that abuse occurred in a
long term care facility and if the abuse resulted in the death,
serious injury, rape, sexual abuse or sexual exploitation of a
resident, the department shall impose a civil penalty of not less
than $2,500 for each violation. The department shall by rule
define ' serious injury,' 'rape,' 'sexual abuse' and 'sexual
exploitation' for the purposes of this paragraph. + }
(2) The penalties assessed under subsection (1) { + (a) or
(b) + } of this section shall not exceed $6,000 in the aggregate
or as otherwise required by federal law with respect to a single
long term care facility within any 90-day period.
SECTION 27. ORS 441.745 is amended to read:
441.745. All penalties recovered under ORS 441.710 to 441.740
{ + and 441.995 + } shall be { - paid into the State Treasury
and credited to the General Fund - } { + deposited in the
Quality Care Fund established in section 1 of this 2009 Act + }.
SECTION 28. ORS 441.995 is amended to read:
441.995. (1) In adopting criteria for establishing the amount
of civil penalties for violations of ORS 441.630 to 441.680, the
Department of Human Services shall consider:
(a) Any prior violations of laws or rules pertaining to
facilities;
(b) The financial benefits, if any, realized by the facility as
a result of the violation;
(c) The gravity of the violation, including the actual or
potential threat to the health, safety and well-being of one or
more residents;
(d) The severity of the actual or potential harm caused by the
violation; and
(e) The facility's past history of correcting violations and
preventing the recurrence of violations.
(2) The department may impose a civil penalty for abuse in
accordance with rules adopted under ORS 441.637 (1).
{ - Facilities assessed civil penalties for abuse shall be
entitled to a contested case hearing under ORS chapter 183. - }
(3) If the department finds the facility is responsible for
abuse and if the abuse resulted in a resident's death or serious
injury, the department shall impose a civil penalty of not less
than $500 nor more than $1,000 for each violation, or as
otherwise required by federal law { + or ORS 441.715 (1)(c),
443.455 or 443.775 + }.
(4) Nothing in ORS 441.637 and this section is intended to
expand, replace or supersede the department's authority to impose
civil penalties pursuant to ORS 441.710 or 441.715 for violations
that do not constitute abuse.
{ + (5) Facilities assessed civil penalties under this
section are entitled to a contested case hearing under ORS
chapter 183. + }
SECTION 29. ORS 443.045 is amended to read:
443.045. (1) The Department of Human Services may deny, suspend
or revoke the license of any home health agency for failure to
comply with ORS 443.005 to 443.095 { + or section 6 of this 2009
Act + } or with the rules of the department as authorized by ORS
443.085.
(2) License denials, suspensions and revocations, adoption of
rules and judicial review thereof shall be in accordance with ORS
chapter 183.
SECTION 30. ORS 443.325 is amended to read:
443.325. The Department of Human Services may impose a civil
penalty in the manner provided in ORS 183.745 and deny, suspend
or revoke the license of any in-home care agency licensed under
ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or
with rules adopted thereunder. { + The department may deny,
suspend or revoke the license of any in-home care agency licensed
under ORS 443.315 for failure to comply with section 6 of this
2009 Act. + } A failure to comply with ORS 443.305 to 443.350
includes, but is not limited to:
(1) Failure to provide a written disclosure statement to the
client or the client's representative prior to in-home care
services being rendered;
(2) Failure to provide the contracted in-home care services; or
(3) Failure to correct deficiencies identified during a
department inspection.
SECTION 31. ORS 443.415 is amended to read:
443.415. (1) Applications for licensure to maintain and operate
a residential facility shall be made to the Department of Human
Services on forms provided for that purpose by the department.
Each application shall be accompanied by a fee { - of $60 for
facilities defined in ORS 443.400 (5), (7) and (9) and a fee of
$30 for homes defined in ORS 443.400 (8) and (10) - } . No fee is
required of any governmentally operated residential facility.
{ + (2) The fee required under subsection (1) of this section
for facilities:
(a) Defined in ORS 443.400 (7) and (9), shall be $60.
(b) Defined in ORS 443.400 (8) and (10), shall be $30.
(c) Defined in ORS 443.400 (5) with:
(A) One to 15 beds, shall be $360.
(B) Sixteen to 49 beds, shall be $520.
(C) Fifty to 99 beds, shall be $1,040.
(D) One hundred to 150 beds, shall be $1,340.
(E) More than 150 beds, shall be $1,500. + }
{ - (2) - } { + (3) + } Upon receipt of an application and
fee, the department shall conduct an investigation. The
department shall issue a license to any applicant for operation
of a residential facility in compliance with ORS 443.400 to
443.455 and the rules of the director. Licensure may be denied
when a residential facility is not in compliance with ORS 443.400
to 443.455 or the rules of the Director of Human Services.
Licensure shall be denied if the State Fire Marshal or other
authority has given notice of noncompliance of facilities defined
in ORS 443.400 (5), (7) and (9) pursuant to ORS 479.220.
SECTION 32. ORS 443.425 is amended to read:
443.425. (1) Licensure under ORS 443.415 is effective for two
years from the date of issue unless sooner revoked. Each license
shall state the name of the person operating the residential
facility; the name of the person who owns the facility; the
address of the premises to which the license applies and the
maximum number of residents to be maintained in such residential
facility at any time whether the residential facility is licensed
as a residential training facility, a residential treatment
facility, a residential care facility; a residential training
home or residential treatment home and such other information as
the Department of Human Services considers necessary.
(2) A license is renewable upon submission of an application to
the department and payment of a fee { - of $60 for facilities
licensed under ORS 443.400 (5), (7) and (9) and a fee of $30 for
homes licensed under ORS 443.400 (8) and (10) - } . No fee shall
be required of a governmentally operated residential facility.
Filing of an application for renewal before the date of
expiration of a license extends the effective date of expiration
of the license until the department has acted upon such
application. The department shall refuse to renew a license if
the facility is not substantially in compliance with all
applicable laws and rules, or if the State Fire Marshal or the
authorized representative thereof has given notice of
noncompliance of facilities under ORS 443.400 (5), (7) and (9)
pursuant to ORS 479.220.
{ + (3) The biennial fee required under subsection (2) of
this section for facilities:
(a) Defined in ORS 443.400 (7) and (9), shall be $60.
(b) Defined in ORS 443.400 (8) and (10), shall be $30.
(c) Defined in ORS 443.400 (5) with:
(A) One to 15 beds, shall be $360.
(B) Sixteen to 49 beds, shall be $520.
(C) Fifty to 99 beds, shall be $1,040.
(D) One hundred to 150 beds, shall be $1,340.
(E) More than 150 beds, shall be $1,500. + }
SECTION 33. ORS 443.430 is amended to read:
443.430. (1) { - No - } { + A + } license under ORS 443.415
is { + not + } transferable or applicable to any location,
residential facility or management other than that indicated on
the application for licensure.
(2) { + Except as provided in subsection (3) of this
section, + } all moneys collected under ORS 443.400 to 443.455
shall be deposited in a special account in the General Fund, and
are appropriated continuously for payment of expenses incurred by
the Department of Human Services in the administration of ORS
443.400 to 443.455.
{ + (3) All moneys collected from a residential care facility
under ORS 443.415, 443.425 or 443.455 shall be deposited in the
Quality Care Fund established in section 1 of this 2009 Act. + }
SECTION 34. ORS 443.455 is amended to read:
443.455. { + (1) + } For purposes of imposing civil penalties,
residential facilities approved under ORS 443.400 to 443.455
{ - are considered to be long-term care facilities, - }
{ + shall be + } subject to ORS 441.705 to 441.745.
{ - However, - } The { - Director - } { + Department + } of
Human Services shall exercise the powers conferred under ORS
441.705 to 441.745.
{ + (2) + } The { - director - } { + department + } shall
by rule prescribe a schedule of penalties appropriate to
residential facilities licensed under ORS 443.400 to
443.455. { + If the department determines that there is
reasonable cause to believe that abuse occurred at a residential
facility and if the abuse resulted in the death, serious injury,
rape, sexual abuse or sexual exploitation of a resident, the
department shall impose a civil penalty of not less than $2,500
for each violation. The department shall by rule define 'serious
injury,' 'rape,' 'sexual abuse' and 'sexual exploitation' for
purposes of this subsection. + }
SECTION 35. ORS 443.730 is amended to read:
443.730. (1) The provider shall furnish the names, addresses
and telephone numbers of the substitute caregivers employed or
used by the provider to the Department of Human Services upon the
request of the department.
(2) The department shall require the provider to furnish
information describing the planned operation of the adult foster
home, including the use of substitute caregivers and other staff,
as part of the license application.
(3) The provider shall not allow a substitute caregiver or
other caregiver to provide care to a resident unless the
following standards are met and documented:
(a) The department has completed a criminal records check
{ - for the State of Oregon and has completed or initiated a
national criminal records check, if appropriate under ORS 443.735
(3), for the person - } { + in accordance with section 6 of
this 2009 Act + }. The department shall adopt rules to provide
for the expedited completion of a criminal records check for the
State of Oregon when requested by a licensed provider because of
an immediate staffing need.
(b) The substitute caregiver has successfully completed the
training required by the department.
(c) The caregiver is able to understand and communicate in oral
and written English.
(d) The provider has oriented the caregiver to the residents in
the adult foster home, their care needs and the physical
characteristics of the home.
(e) The provider has trained the caregiver to meet the routine
and emergency needs of the residents.
(4) The department shall establish educational requirements for
substitute caregivers and other caregivers designed to impart the
practical knowledge and skills necessary to maintain the health,
safety and welfare of residents. The training shall include a
test established by the department to be completed by the
caregiver. The test shall be completed by the caregiver without
the help of any other person.
SECTION 36. ORS 443.735 is amended to read:
443.735. (1) Applications for a license to maintain and operate
an adult foster home shall be made on forms provided by the
Department of Human Services. Each application shall be
accompanied by a fee { - of $20 per bed requested for
licensing - } { + established by the department by rule + }.
(2) Upon receipt of an application and fee, the department
shall conduct an investigation.
(3) The department shall not issue an initial license unless:
(a) The applicant and adult foster home are in compliance with
ORS 443.705 to 443.825 and the rules of the department;
(b) The department has completed an inspection of the adult
foster home;
(c) The department has completed a criminal records check under
ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check shall be conducted
in accordance with rules adopted under ORS 181.534;
(d) The department has checked the record of sanctions
available, including the list of nursing assistants who have been
found responsible for abuse and whose names have been added to
the registry under ORS 441.678; and
(e) The applicant has demonstrated to the department the
financial ability and resources necessary to operate the adult
foster home. The department shall adopt rules as the department
deems appropriate that establish the financial standards an
applicant must meet to qualify for issuance of a license and that
protect financial information from public disclosure. The
demonstration of financial ability under this paragraph shall
include, but need not be limited to, providing the department
with a list of any unsatisfied judgments, pending litigation and
unpaid taxes and notifying the department regarding whether the
applicant is in bankruptcy. If the applicant is unable to
demonstrate the financial ability and resources required by this
paragraph, the department may require the applicant to furnish a
financial guarantee as a condition of initial licensure.
(4) The department may not renew a license under this section
unless:
(a) The applicant and the adult foster home are in compliance
with ORS 443.705 to 443.825 and the rules of the department;
(b) The department has completed an inspection of the adult
foster home;
(c) The department has completed a criminal records check under
ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check under this
paragraph shall be conducted in accordance with rules adopted
under ORS 181.534; and
(d) The department has checked the record of sanctions
available, including the list of nursing assistants who have been
found responsible for abuse and whose names have been added to
the registry under ORS 441.678.
(5)(a) In seeking an initial license and renewal of a license
when an adult foster home has been licensed for less than 24
months, the burden of proof shall be upon the provider and the
adult foster home to establish compliance with ORS 443.705 to
443.825 and the rules of the department.
(b) In proceedings for renewal of a license when an adult
foster home has been licensed for at least 24 continuous months,
the burden of proof shall be upon the department to establish
noncompliance with ORS 443.705 to 443.825 and the rules of the
department.
(6)(a) Persons who have been convicted of one or more crimes
that, as determined by rules of the department, are substantially
related to the qualifications, functions or duties of a provider,
resident manager, substitute caregiver or other household member
of an adult foster home shall be prohibited from operating,
working in or residing in an adult foster home.
(b) The department shall adopt rules that distinguish the
criminal convictions and types of abuse that permanently prohibit
a person from operating, working in or living in an adult foster
home from the convictions and types of abuse that do not
permanently prohibit the person from operating, working in or
living in an adult foster home.
(c) A provider may not hire, retain in employment or allow to
live in an adult foster home, other than as a resident, any
person who the provider knows has been convicted of a
disqualifying crime or has been found responsible for a
disqualifying type of abuse.
(7) A license under ORS 443.725 is effective for one year from
the date of issue unless sooner revoked. Each license shall state
the name of the resident manager of the adult foster home, the
names of all providers who own the adult foster home, the address
of the premises to which the license applies, the maximum number
of residents and the classification of the home. If, during the
period covered by the license, a resident manager changes, the
provider must within 15 days request modification of the license.
The request must be accompanied by a fee of $10.
(8) No license under ORS 443.725 is transferable or applicable
to any location, persons operating the adult foster home or the
person owning the adult foster home other than that indicated on
the application for licensing.
(9) The department shall not issue a license to operate an
additional adult foster home to a provider unless the provider
has demonstrated the qualifications and capacity to operate the
provider's existing licensed home or homes and has demonstrated
the ability to provide care to the residents of those homes that
is adequate and substantially free from abuse and neglect.
(10) { + (a) + } All moneys collected under ORS 443.725 to
443.780 { + from adult foster homes that are licensed to serve
persons with mental, emotional or behavioral disturbances or
alcohol or drug dependence + } shall be deposited in a special
account in the General Fund, and are appropriated continuously
for payment of expenses incurred by the Department of Human
Services.
{ + (b) All moneys collected under ORS 443.725 to 443.780
from adult foster homes licensed to serve persons who are
socially dependent, have physical disabilities or have
developmental disabilities shall be deposited in the Quality Care
Fund established in section 1 of this 2009 Act. + }
(11) Notwithstanding any other provision of this section or ORS
443.725 or 443.738, the department may issue a 60-day provisional
license to a qualified person if the department determines that
an emergency situation exists after being notified that the
licensed provider of an adult foster home is no longer overseeing
operation of the adult foster home.
SECTION 37. ORS 443.740 is amended to read:
443.740. (1) The Department of Human Services shall maintain
current information on all licensed adult foster homes and shall
make that information available to prospective residents and
other interested members of the public at local department
offices or area agencies on aging licensing offices throughout
the state.
(2) The information shall include:
(a) The location of the adult foster home;
(b) A brief description of the physical characteristics of the
home;
(c) The name and mailing address of the provider;
(d) The license classification of the home and the date the
provider was first licensed to operate that home;
(e) The date of the last inspection, the name and telephone
number of the office that performed the inspection and a summary
of the findings;
(f) Copies of all complaint investigations involving the home,
together with the findings of the department, the actions taken
by the department and the outcome of the complaint investigation;
(g) An explanation of the terms used in the investigation
report;
(h) Any license conditions, suspensions, denials, revocations,
civil penalties, exceptions or other actions taken by the
department involving the home; and
(i) Whether care is provided primarily by the licensed
provider, a resident manager or other arrangement.
(3) Any list of adult foster homes maintained or distributed by
the department or a local licensing office shall include
notification to the reader of the availability of public records
concerning the homes { + , including but not limited to the
database described in section 2 of this 2009 Act + }.
SECTION 38. ORS 443.775 is amended to read:
443.775. (1) The Department of Human Services shall adopt rules
governing adult foster homes and the level of care provided in
such homes, including the provision of care to more than one
person with nursing care needs under specified conditions and
department approval, such as are necessary to protect the health,
safety or welfare of the residents and to provide for an
appropriate continuum of care, but shall not be inconsistent with
the residential nature of the living accommodations and the
family atmosphere of the home. The rules shall be consistent with
rules adopted by the Oregon State Board of Nursing under ORS
678.150 (9).
(a) An exception to the limit of one resident with nursing care
needs may be granted if the provider proves to the department by
clear and convincing evidence that such an exception will not
jeopardize the care, health, safety or welfare of the residents
and that the provider is capable of meeting the additional care
needs of the new resident.
(b) The department, and the counties acting under the exemption
granted pursuant to ORS 443.780, shall report on a quarterly
basis to the Legislative Assembly on the number of exceptions
granted during the quarter pursuant to paragraph (a) of this
subsection.
(2) The provider may not employ a resident manager who does not
meet the classification standard for the adult foster home.
(3) The provider shall be able to meet the night care needs of
a resident before admitting the resident. The provider shall
include night care needs in the resident's care plan.
(4) The provider shall screen a prospective resident before
admitting the resident. The screening shall include but is not
limited to diagnosis, medications, personal care needs, nursing
care needs, night care needs, nutritional needs, activities and
lifestyle preferences. A copy of the screening shall be given to
the prospective resident or the prospective resident's
representative.
(5) The department shall make rules to { - assure - }
{ + ensure + } that any employee who makes a complaint pursuant
to ORS 443.755 shall be protected from retaliation.
(6) For adult foster homes in which clients reside for whom the
department pays for care, including homes in which the provider
and the resident are related, the department may require
substantial compliance with its rules relating to standards for
care of the client as a condition for paying for care.
(7) By order the Director of Human Services may delegate
authority under this section to personnel other than of the
department.
(8) The department may commence a suit in equity to enjoin
maintenance of an adult foster home if:
(a) The home is operated without a valid license under this
section; or
(b) After the license to maintain the home is ordered suspended
or revoked, a reasonable time for placement of residents in other
facilities has been allowed but such placement has not been
accomplished.
(9) The department shall establish by rule the maximum capacity
of adult foster homes, including all nonrelated and related
persons receiving residential care and day care.
(10) Any person who violates a provision of ORS 443.705 to
443.825 or the rules adopted thereunder may be subjected to the
imposition of a civil penalty, to be fixed by the
{ - director - } { + department + } by rule { + . + } { - ,
not to exceed $100 per violation, to a maximum of $250 or, per
occurrence of substantiated abuse, a maximum of $1,000. - }
{ + If the department determines that there is reasonable cause
to believe that abuse occurred in an adult foster home and if the
abuse resulted in the death, serious injury, rape, sexual abuse
or sexual exploitation of a resident, the department shall impose
a civil penalty of not less than $2,500 for each violation. The
department shall by rule define 'serious injury, ' ' rape,'
'sexual abuse' and 'sexual exploitation' for purposes of this
subsection.
(11) All penalties recovered pursuant to this section shall be
deposited in the Quality Care Fund established in section 1 of
this 2009 Act. + }
SECTION 39. ORS 443.790 is amended to read:
443.790. (1) In addition to any other liability or penalty
provided by law, the Director of Human Services may impose a
civil penalty on a person for any of the following:
(a) Violation of any of the terms or conditions of a license
issued under ORS 443.735.
(b) Violation of any rule or general order of the Department of
Human Services that pertains to a facility.
(c) Violation of any final order of the director that pertains
specifically to the facility owned or operated by the person
incurring the penalty.
(d) Violation of ORS 443.745 or of rules required to be adopted
under ORS 443.775.
(2) The director shall impose a civil penalty { - of - } not
to exceed $500 { + , unless otherwise required by law, + } on any
adult foster home for falsifying resident or facility records or
causing another to do so.
(3) The director shall impose a civil penalty of $250 on a
provider who violates ORS 443.725 (3).
(4) The director shall impose a civil penalty of not less than
$250 nor more than $500 { + , unless otherwise required by
law, + } on a provider who admits a resident knowing that the
resident's care needs exceed the license classification of the
provider if the admission places the resident or other residents
at grave risk of harm.
(5)(a) In every case other than those involving the health,
safety or welfare of a resident, the director shall prescribe a
reasonable time for elimination of a violation but except as
provided in paragraph (b) of this subsection shall not prescribe
a period to exceed 30 days after notice of the violation.
(b) The director may approve a reasonable amount of time in
excess of 30 days if correction of the violation within 30 days
is determined to be impossible.
(6) In imposing a civil penalty, the director shall consider
the following factors:
(a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of statutes, rules or orders
pertaining to facilities.
(c) The economic and financial conditions of the person
incurring the penalty.
(d) The immediacy and extent to which the violation threatens
or threatened the health, safety or welfare of one or more
residents.
(7) The department shall adopt rules establishing objective
criteria for the imposition and amount of civil penalties under
this section.
SECTION 40. ORS 443.825 is amended to read:
443.825. All penalties recovered under ORS 443.790 to 443.815
shall be { - paid into the State Treasury and credited to the
General Fund and are available for general governmental
expenses - } { + deposited in the Quality Care Fund established
in section 1 of this 2009 Act + }.
SECTION 41. Section 2, chapter 204, Oregon Laws 2005, as
amended by section 359, chapter 70, Oregon Laws 2007, is amended
to read:
{ + Sec. 2. + } (1) In carrying out the provisions of section
2, chapter 290, Oregon Laws 1987, the Public Utility Commission
shall adopt rules to prohibit the termination of local exchange
residential service if the termination would significantly
endanger a customer, or a person in the household of the
customer, who is:
(a) At risk of domestic violence, as defined in ORS 135.230;
(b) At risk of unwanted sexual contact, as defined in ORS
163.305;
(c) A person with a disability, as defined in ORS 124.005, who
is at risk of abuse, as defined in ORS 124.005 { - (1)(a), (d)
or (e) - } { + (1)(b), (e) or (f) + };
(d) An elderly person, as defined in ORS 124.005, who is at
risk of abuse, as defined in ORS 124.005 { - (1)(a), (d) or
(e) - } { + (1)(b), (e) or (f) + }; or
(e) A victim of stalking, as described in ORS 163.732.
(2) A customer may establish that termination of local exchange
residential service would significantly endanger the customer, or
a person in the household of the customer, by providing a
telecommunications public utility with an affidavit signed by the
customer stating that termination would place the customer, or a
person in the household of the customer, at significant risk of
domestic violence, as defined in ORS 135.230, or of unwanted
sexual contact, as defined in ORS 163.305. The customer must
attach to the affidavit a copy of an order issued under ORS
30.866, 107.700 to 107.735, 124.005 to 124.040 or 163.738 that
restrains another person from contact with the customer, or a
person in the household of the customer, or a copy of any other
court order that restrains another person from contact with the
customer, or a person in the household of the customer, by reason
of a risk described in subsection (1) of this section or by
reason of stalking.
(3) The commission shall require that each telecommunications
public utility establish procedures for submitting and receiving
affidavits under subsection (2) of this section.
(4) This section does not apply to termination of any
telecommunication service other than local exchange residential
service.
(5) A customer submitting an affidavit as provided by
subsection (2) of this section is not excused from paying for
telecommunication service. Customers are required to enter into a
reasonable payment agreement with the telecommunications public
utility if an overdue balance exists. Local exchange residential
service may be terminated if a customer refuses to enter into or
fails to abide by the terms of a reasonable payment agreement.
(6) Nothing in this section prevents the termination of local
exchange residential service if the telecommunications public
utility providing the service does not have the technical ability
to terminate toll telecommunication service without also
terminating local exchange residential service.
SECTION 42. { + The Director of Human Services may take any
action before the operative dates specified in sections 43 and 44
of this 2009 Act that is necessary to enable the Department of
Human Services to carry out, on and after the operative dates
specified in sections 43 and 44 of this 2009 Act, the provisions
of this 2009 Act. + }
SECTION 43. { + Except as provided in section 42 of this 2009
Act, sections 1 to 5 and 7 to 9 of this 2009 Act, the amendments
to ORS 124.020, 124.065, 124.070, 124.100, 124.105, 180.090,
430.743, 430.745, 441.020, 441.715, 441.745, 441.995, 443.415,
443.425, 443.430, 443.455, 443.735, 443.740, 443.775, 443.790 and
443.825 by sections 11, 12, 14, 16, 17, 19, 21, 22, 25, 26, 27,
28, 31, 32, 33, 34, 36, 37, 38, 39 and 40 of this 2009 Act and
the repeal of ORS 430.746 by section 47 of this 2009 Act become
operative on January 1, 2010. + }
SECTION 44. { + Except as provided in section 42 of this 2009
Act, sections 18 and 24 of this 2009 Act and the amendments to
ORS 124.005, 430.735, 443.045, 443.325 and 443.730 and section 2,
chapter 204, Oregon Laws 2005, by sections 10, 20, 29, 30, 35 and
41 of this 2009 Act become operative on September 1, 2009. + }
SECTION 45. { + The amendments to ORS 124.065, 124.070 and
430.745 by sections 13, 15 and 23 of this 2009 Act become
operative on July 1, 2015. + }
SECTION 46. { + Section 6 of this 2009 Act applies to
employees who are hired on or after the effective date of this
2009 Act. + }
SECTION 47. { + ORS 430.746 is repealed. + }
SECTION 48. { + Section 8 of this 2009 Act is repealed January
2, 2015. + }
SECTION 49. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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