Or. Admin. Code § 411-323-0063

Current through Register Vol. 63, No. 10, October 1, 2024

Section 411-323-0063 - Abuse and Incident Handling and Reporting

(1) ABUSE REPORTING. If a mandatory reporter has a reasonable cause to believe that abuse of an individual has occurred, the mandatory reporter must report or cause a report to be made immediately by phone or otherwise to the local CDDP, local law enforcement agency, or the Department. The duty to report suspected abuse is personal and is not fulfilled by reporting the abuse to the agency, provider, or any other staff even if the agency, provider, or other staff reports the abuse. A provider must also immediately notify the following:

(a) The local law enforcement agency if there is reason to suspect a crime has occurred.

(b) Child Welfare if the allegation of abuse involves a child.

(2) In the case of a serious illness, serious injury, or death of an individual, a provider must immediately, but not later than one business day, notify all of the following (as applicable):

(a) The individual's legal or designated representative, family (if known), and other significant person identified by the individual to be contacted under these circumstances.

(b) The individual's case management entity.

(c) Any other agency responsible for, or delivering services to, the individual.

(3) A provider must immediately, but not later than one business day, notify an individual's case management entity of:

(a) The use of an emergency physical restraint. Timelines for notification included in a Temporary Emergency Safety Plan supersede the timeline established by this section.

(b) The use of a safeguarding intervention or safeguarding equipment resulting in an injury to the individual.

(4) In the case where an individual is missing without support beyond the time frame identified in the individual's ISP or supporting documents, the provider responsible for the care of the individual at the time the individual is discovered to be missing must immediately notify all of the following:

(a) The individual's legal or designated representative (if applicable).

(b) The local law enforcement agency.

(c) The individual's case management entity.

(5) A notification required by sections (1), (2), (3), or (4) of this rule must occur by phone, in-person, email, writing, or verbally and maintain confidentiality.

(6) INCIDENT REPORTS.

(a) An agency must complete a written incident report for any of the following:

(A) Serious incident as defined in OAR 411-317-0000.

(B) Allegation of abuse.

(C) Use of a safeguarding intervention.

(D) Use of an emergency crisis strategy when an individual has a Temporary Emergency Safety Plan.

(E) Fire requiring the services of a fire department.

(b) An incident report, when completed as required in subsection (a) of this section, must be:

(A) Submitted to the individual's case management entity within five business days of the incident.

(B) Maintained by the agency in the individual's record.

(C) If requested, provided to the individual's legal or designated representative within five business days of the request. A copy of an incident report may not be provided to an individual's legal representative when the report is part of an abuse investigation.

(c) A copy of an incident report provided to an individual's legal representative or other service providers must have confidential information about other individuals removed or redacted as required by federal and state privacy laws.

(7) PROTECTIVE SERVICES. When a CDDP or OTIS abuse investigator determines that an agency must take a protective services action following a report of abuse, the agency must implement the action. If unable to implement the action, the agency must immediately notify the abuse investigator.

(a) Any protective services must be provided in a manner that is least intrusive to adult individuals and provide for the greatest degree of independence available within existing resources.

(b) The agency must report the outcome of protective services to the abuse investigator upon completion.

(8) RECOMMENDED ACTIONS. When an agency receives a recommended action included in an Abuse Investigation and Protective Services Report, as described in OAR 419-100-0080, or serious incident report review from a case management entity, the agency must:

(a) Implement the recommended actions within specified timelines and report back to the case management entity that the recommended actions were completed; or

(b) Contact the case management entity to develop alternative actions that are designed to prevent the recurrence of abuse or serious incident.

Or. Admin. Code § 411-323-0063

APD 44-2019, adopt filed 10/29/2019, effective 11/1/2019; APD 16-2023, amend filed 09/30/2023, effective 10/1/2023; APD 38-2024, minor correction filed 07/03/2024, effective 7/3/2024

Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & SB 1548 (2022 OR Law, Ch. 91)

Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.215, 430.610, 430.662 & SB 1548 (2022 OR Law, Ch. 91)