As used in ORS 430.735 to 430.765:
(1) “Abuse” means one or more of the following:
(a) Any death caused by other than accidental or natural means.
(b) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.
(c) Willful infliction of physical pain or injury.
(d) Sexual harassment or exploitation, including but not limited to any sexual contact between an employee of a facility or community program and an adult.
(e) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being. For purposes of this paragraph, “neglect” does not include a failure of the state or a community program to provide services due to a lack of funding available to provide the services.
(2) “Adult” means a person 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) “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) “Care provider” means an individual or facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.
(5) “Community program” means a community mental health and developmental disabilities program as established in ORS 430.610 to 430.695.
(6) “Department” means the Department of Human Services.
(7) “Facility” means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.
(8) “Law enforcement agency” means:
(a) Any city or municipal police department;
(b) Any county sheriff’s office;
(c) The Oregon State Police; or
(d) Any district attorney.
(9) “Public or private official” means:
(a) Physician, naturopathic physician, osteopathic physician, psychologist, chiropractor or podiatric physician and surgeon, including any intern or resident;
(b) Licensed practical nurse, registered nurse, nurse’s aide, home health aide or employee of an in-home health service;
(c) Employee of the Department of Human Services, county health department, community mental health and developmental disabilities program or private agency contracting with a public body to provide any community mental health service;
(d) Peace officer;
(e) Member of the clergy;
(f) Licensed clinical social worker;
(g) Physical, speech or occupational therapist;
(h) Information and referral, outreach or crisis worker;
(i) Attorney;
(j) Licensed professional counselor or licensed marriage and family therapist; or
(k) Any public official who comes in contact with adults in the performance of the official’s duties. [1991 c.744 §2; 1999 c.463 §7; 2003 c.443 §4; 2007 c.21 §2; 2007 c.70 §236; 2007 c.492 §2]
Note: 430.735 to 430.765 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 430.700 430.705 430.710 430.715 430.720 430.725 430.730 430.735 430.737 430.740 430.743 430.745 430.746 430.747 430.750 NextLast modified: August 7, 2008