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"Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi

LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse

An injunction is a court order requiring a person to do, or not to do, something in order to protect another's personal or property rights. A person who violates an injunction is in contempt of court and the court may fine or imprison him. An injunction usually is issued to prohibit an action. When it is used to command a positive action, it is called a mandatory injunction. During the 20th century, courts have used injunctions to protect and promote the civil rights of minorities, especially African Americans. For example, federal courts used injunctions to stop school district officials from continuing racial segregation in schools after the decision in Brown v. Board of Education (1954). Courts also used injunctions to take positive actions, such as redrawing school district boundaries and ordering the busing of students between districts to achieve racially mixed schools. Thus, federal injunctions have become an important way of protecting the constitutional rights of individuals against infringement by state governments. See also Brown v. Board of Education

LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse

form 341 is a mandatory reporting form for Elder abuse. The law that it has on it WIC 15610.07 and 15610.63 perpetrated by others. Assult,Battery Constraint or Deprivation Sexual Assult Chemical Restraint over or under medicated neglect financial abandonment isolatin abduction other non mandated abuses deprication of goods and services, psychological/ mental