Oregon Statutes - Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse
- 124.005 Definitions for ORS 124.005 to 124.040.
As used in ORS 124.005 to 124.040: (1) “Abuse” means one or more of the following: (a) Any physical injury caused by other than accidental...
- 124.010 Petition for relief; time limitation; information to be provided petitioner; exception.
(1)(a) Except as provided in subsection (8) of this section, an elderly person or a person with a disability who has been the victim of...
- 124.012 Filing of petitions; where contempt proceedings must be conducted.
A petition under ORS 124.010 may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of...
- 124.015 Hearing upon request of respondent; relief; settlement; effect of proceedings.
(1) The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020 if...
- 124.020 Ex parte hearing; required findings; judicial relief; forms; request by respondent for hearing.
(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...
- 124.022 Service of restraining order by sheriff; facsimile of order.
(1) A sheriff may serve a restraining order under ORS 124.020 in the county in which the sheriff was elected and in any other county...
- 124.024 Notice to be given by guardian petitioner.
(1) A guardian petitioner must give notice of the petition, order and related forms described in ORS 124.020 (6) to the elderly person or person...
- 124.025 Removal of personal effects; accompanying peace officer; limitation on liability.
(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall remain for up to...
- 124.030 Proof of service of restraining order to be delivered to sheriff; entry in LEDS; expiration of restraining order; release of respondent pending hearing.
(1) Whenever a restraining order, as authorized by ORS 124.015 or 124.020, that includes a security amount and an expiration date pursuant to ORS 124.015...
- 124.035 Renewal of restraining order.
For good cause shown, the court may renew an order entered under ORS 124.015 or 124.020, and the court may do so regardless of whether...
- 124.040 Short title.
ORS 124.005 to 124.040 shall be known and may be cited as the “Elderly Persons and Persons With Disabilities Abuse Prevention Act.” [1995 c.666 §2;...
- 124.050 Definitions for ORS 124.050 to 124.095.
As used in ORS 124.050 to 124.095: (1) “Abuse” means one or more of the following: (a) Any physical injury caused by other than accidental...
- 124.055 Policy.
The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the...
- 124.060 Duty of officials to report.
Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in...
- 124.065 Method of reporting; content; notice to law enforcement agency and to department.
(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...
- 124.070 Duty to investigate; notice to department; evaluation.
(1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to...
- 124.075 Immunity of person making report in good faith; identity confidential.
(1) Anyone participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall...
- 124.080 Photographing of victim; photograph as record.
(1) In carrying out its duties under ORS 124.070 a law enforcement agency or the Department of Human Services may photograph or cause to have...
- 124.085 Catalog of abuse records; confidentiality.
A proper record of complaints made under ORS 124.060 and 124.065 shall be maintained by the Department of Human Services. The department shall prepare reports...
- 124.090 Confidentiality of records; exceptions.
Notwithstanding the provisions of ORS 192.410 to 192.505, the names of the public or private official who made the complaint, witnesses and the elderly persons...
- 124.095 Spiritual treatment not abuse.
An elderly person who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of...
- 124.100 Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; service on Attorney General.
(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...
- 124.105 Physical abuse subject to action.
(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...
- 124.110 Financial abuse subject to action.
(1) An action may be brought under ORS 124.100 for financial abuse in the following circumstances: (a) When a person wrongfully takes or appropriates money...
- 124.115 Persons not subject to action.
(1) Except as provided by subsection (2) of this section, an action under ORS 124.100 may not be brought against: (a) Financial institutions, as defined...
- 124.120 Relief available.
The court may restrain and remedy the conduct described in ORS 124.105 and 124.110 by issuing appropriate orders including but not limited to: (1) A...
- 124.125 Action by Attorney General, Department of Human Services or district attorney; investigative demands.
(1) The Attorney General, the Department of Human Services or any district attorney may bring an action against any person who engages in conduct described...
- 124.130 Statute of limitation.
An action under ORS 124.100 to 124.140 must be commenced within seven years after discovery of the conduct described in ORS 124.105 and 124.110 that...
- 124.135 Remedies not exclusive.
The remedies provided by ORS 124.100 to 124.140 are in addition to any other remedy, civil or criminal, that may be available under any other...
- 124.140 Estoppel based on criminal conviction.
A defendant convicted in any criminal proceeding of conduct that gives rise to a cause of action under ORS 124.100, whether the conviction results from...
- 124.990 Criminal penalty.
A person who violates ORS 124.060 commits a Class A violation. [Formerly 410.990] _______________
Last modified: August 7, 2008