(1) "Abuse" means one or more of the following:
(a) Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person.
(b) Any physical injury to an adult 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 upon an adult.
(d) Sexual abuse.
(e) Neglect.
(f) Verbal abuse of an adult.
(g) Financial exploitation of an adult.
(h) Involuntary seclusion of an adult for the convenience of the caregiver or to discipline the adult.
(i) A wrongful use of a physical or chemical restraint upon an adult, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
(j) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
(k) Any death of an adult caused by other than accidental or natural means.
(2) "Adult" means a person 18 years of age or older:
(a) With a developmental disability who is currently 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;
(b) With a severe and persistent mental illness who is receiving mental health treatment from a community program; or
(c) Who is receiving services for a substance use disorder or a mental illness in a facility or a state hospital.
(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 the 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) "Caregiver" means an individual, whether paid or unpaid, or a 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" includes:
(a) A community mental health program or a community developmental disabilities program as established in ORS 430.610 to 430.695; or
(b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.
(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) "Financial exploitation" means:
(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an adult.
(b) Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult would reasonably believe that the threat conveyed would be carried out.
(c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an adult.
(d) Failing to use the income or assets of an adult effectively for the support and maintenance of the adult.
(8) "Intimidation" means compelling or deterring conduct by threat.
(9) "Law enforcement agency" means:
(a) Any city or municipal police department;
(b) A police department established by a university under ORS 352.121 or 353.125;
(c) Any county sheriff’s office;
(d) The Oregon State Police; or
(e) Any district attorney.
(10) "Neglect" means:
(a) Failure to provide the care, supervision or services necessary to maintain the physical and mental health of an adult that may result in physical harm or significant emotional harm to the adult;
(b) Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or
(c) Withholding of services necessary to maintain the health and well-being of an adult that leads to physical harm of the adult.
(11) "Public or private official" means:
(a) Physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician, psychologist or chiropractor, 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 or Oregon Health Authority, local health department, community mental health program or community 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) Regulated 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;
(k) Any public official;
(L) Firefighter or emergency medical services provider;
(m) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state;
(n) Personal support worker, as defined in ORS 410.600;
(o) Home care worker, as defined in ORS 410.600; or
(p) Individual paid by the Department of Human Services to provide a service identified in an individualized service plan of an adult with a developmental disability.
(12) "Services" includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult.
(13)(a) "Sexual abuse" means:
(A) Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315;
(B) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;
(C) Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver;
(D) Any sexual contact between an adult and a relative of the adult other than a spouse;
(E) Any sexual contact that is achieved through force, trickery, threat or coercion; or
(F) Any sexual contact between an individual receiving mental health or substance abuse treatment and the individual providing the mental health or substance abuse treatment.
(b) "Sexual abuse" does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse of the adult.
(14) "Sexual contact" has the meaning given that term in ORS 163.305.
(15) "Verbal abuse" means to threaten significant physical or emotional harm to an adult through the use of:
(a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [1991 c.744 §2; 1999 c.463 §7; 2003 c.443 §4; 2007 c.21 §2; 2007 c.70 §236; 2007 c.492 §2; 2009 c.442 §39; 2009 c.595 §524; 2009 c.837 §15; 2011 c.506 §41; 2011 c.703 §35; 2013 c.129 §27; 2013 c.180 §45; 2014 c.45 §48; 2015 c.179 §3; 2015 c.736 §69; 2017 c.17 §38; 2017 c.356 §58; 2018 c.75 §22; 2018 c.77 §2; 2019 c.455 §§5,6; 2021 c.97 §49; 2021 c.251 §3]
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.
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.010 - Definitions.
Section 430.050 - Mental Health Advisory Board; Disability Issues Advisory Committee; rules.
Section 430.071 - Policy to support and promote self-determination.
Section 430.073 - Consumer Advisory Council.
Section 430.140 - Federal grants for promoting mental health.
Section 430.197 - Mental Health Services Fund.
Section 430.205 - Definitions for ORS 430.205 and 430.210.
Section 430.210 - Rights of persons receiving mental health services.
Section 430.212 - Reconnection of family members to individual with developmental disability; rules.
Section 430.216 - Report to Legislative Assembly.
Section 430.220 - Director; appointment; powers and duties.
Section 430.221 - Commission members; terms; subcommittees.
Section 430.223 - Comprehensive addiction, prevention, treatment and recovery plan; rules.
Section 430.230 - Definitions.
Section 430.235 - Grant Review Committee; approval and distribution of grants.
Section 430.236 - Establishment of quality improvement subcommittee; statewide data tracking.
Section 430.243 - Grants to coordinated care organizations authorized.
Section 430.254 - Goal of treatment programs for persons with substance use disorders.
Section 430.262 - Registration of sobering facilities; fees prohibited.
Section 430.270 - Publicizing effects of alcohol and drugs.
Section 430.272 - Educational resources on risks of inhalant use.
Section 430.275 - Oregon Health Authority to provide funding for peer respite centers; rules.
Section 430.306 - Definitions.
Section 430.338 - Purposes of laws related to alcoholism.
Section 430.342 - Local planning committees; duties; members.
Section 430.347 - Definitions for ORS 430.345 to 430.380.
Section 430.350 - Assistance and recommendation of local planning committee.
Section 430.357 - Minimum standards; rules.
Section 430.358 - Opioid treatment center required to accept Medicare payments.
Section 430.359 - Funding of services.
Section 430.362 - Application requirements for priority consideration.
Section 430.364 - Consideration given requests for priority.
Section 430.366 - Requirements for service proposals and data reporting.
Section 430.368 - Appeal and review of funding requests; conclusiveness of review.
Section 430.370 - County contracts for services; joint county-city operation.
Section 430.380 - Mental Health Alcoholism and Drug Services Account; uses.
Section 430.383 - Findings and policy.
Section 430.384 - Drug Treatment and Recovery Services Fund established.
Section 430.386 - Moneys in fund not to replace current funding for programs and services.
Section 430.387 - Distribution of moneys in fund.
Section 430.388 - Oversight and Accountability Council.
Section 430.390 - Administration of grants; rules.
Section 430.391 - Behavioral Health Resource Network statewide telephone hotline.
Section 430.393 - Report to Legislative Assembly.
Section 430.397 - Voluntary admission of person to treatment facility; notice to parent or guardian.
Section 430.420 - Integration of drug treatment services into criminal justice system; plans.
Section 430.422 - Drug Prevention and Education Fund.
Section 430.424 - Distribution of funds; funding criteria.
Section 430.426 - Rules; acceptance of gifts, grants and donations.
Section 430.450 - Definitions for ORS 430.450 to 430.555.
Section 430.455 - Information to arrested person believed to have substance use disorder.
Section 430.470 - Notice of right to evaluation if not given at time of arrest.
Section 430.490 - Diversion plan for defendant; participation as condition of probation or parole.
Section 430.495 - Content of diversion plan; duration.
Section 430.500 - Dismissal of charges.
Section 430.535 - Requirement to develop bilingual forms.
Section 430.540 - Designation of and standards for evaluation sites.
Section 430.545 - Procedures at evaluation sites; administration of antagonist drugs.
Section 430.572 - Internet access to providers of opiate use disorder treatment.
Section 430.573 - Statewide capacity to provide opiate use disorder treatment.
Section 430.590 - Regulation of location of methadone clinic; enforcement.
Section 430.610 - Legislative policy.
Section 430.626 - Definitions.
Section 430.627 - Statewide coordinated crisis system; rules.
Section 430.629 - Planning and ongoing oversight of services.
Section 430.631 - Local advisory committees.
Section 430.634 - Evaluation of programs; population schedule for distributing funds.
Section 430.638 - Immunity from civil liability for reliance on certificate of approval.
Section 430.641 - Behavioral Health Housing Incentive Fund established.
Section 430.643 - Disbursement of moneys in fund.
Section 430.644 - Priorities for services provided by community mental health programs.
Section 430.646 - Priorities for services for persons with mental or emotional disturbances.
Section 430.648 - Funding distribution formula; matching funds; administrative expenses.
Section 430.651 - Use of population data in funding formula.
Section 430.673 - Mediation; retaliation prohibited; action for damages; attorney fees; rules.
Section 430.705 - Mental health services for children.
Section 430.708 - Priority for preventive services for children.
Section 430.731 - Uniform investigation procedures; rules.
Section 430.735 - Definitions for ORS 430.735 to 430.765.
Section 430.737 - Mandatory reports and investigations.
Section 430.738 - Privileges not applicable to abuse proceedings.
Section 430.739 - County multidisciplinary teams; protocols; reports.
Section 430.745 - Investigation of abuse; notice to medical examiners; findings; recommendations.
Section 430.746 - Training requirements for persons investigating reports of alleged abuse.
Section 430.747 - Photographs of victim during investigation; exception; photographs as records.
Section 430.753 - Immunity of persons making reports in good faith; confidentiality.
Section 430.755 - Retaliation prohibited; liability for retaliation.
Section 430.756 - Immunity of employer reporting abuse by employee.
Section 430.757 - Reports of abuse to be maintained by Department of Human Services.
Section 430.763 - Confidentiality of records; when record may be made available to agency.
Section 430.768 - Claims of self-defense addressed in certain reports of abuse; review teams; rules.
Section 430.850 - Treatment program; eligibility.
Section 430.860 - Participation in program; report to court.
Section 430.880 - Gifts, grants or services.
Section 430.955 - Standardized screening instrument; assessing drug use during pregnancy.