Oregon Revised Statutes Chapter 124 Reporting of Elder Abuse

Question 1

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-j)

Answer 1

(a) Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury.
(b) Neglect.
(c) Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.
(d) Willful infliction of physical pain or injury upon an elderly person.
(e) 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.
(f) Verbal abuse.
(g) Financial exploitation.
(h) Sexual abuse.
(i) Involuntary seclusion of an elderly person
for the convenience of a caregiver or to discipline the person.
(j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

Question 2

(2) “Elderly person”

(3) “Facility” means:

Answer 2

(2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

(3) “Facility” means:
(a) A long term care facility as that term is defined in ORS 442.015.
(b) A residential facility as that term is defined in ORS 443.400, including but not limited to an assisted living facility.
(c) An adult foster home as that term is defined in ORS 443.705.

Question 3

(4) “Financial exploitation” means:

Answer 3

(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.
(b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person 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 elderly person or a person with a disability.
(d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

Question 4

(5) “Intimidation”
(6) “Law enforcement agency” means:
(7) “Neglect” means:

Answer 4

(5) “Intimidation” means compelling or deterring conduct by threat.

(6) “Law enforcement agency” means:
(a) Any city or municipal police department. (b) Any county sheriff’s office.
(c) The Oregon State Police.
(d) Any district attorney.
(e) A police department established by a
university under ORS 352.383 or 353.125.

(7) “Neglect” means:
(a) Failure to provide the care, supervision or
services necessary to maintain the physical and mental health of an elderly person that may result in physical harm or significant emotional harm to the elderly person; or
(b) The failure of a caregiver to make a reasonable effort to protect an elderly person from abuse.

Question 5

(8) “Person with a disability” means a person described in:
(a) ORS 410.040 (7); or
(b) ORS 410.715.

Answer 5

(8) “Person with a disability” means a person described in:
(a) ORS 410.040 (7); (7) Person with a disability means a person with a physical or mental impairment that substantially limits one or more major life activities.
or
(b) ORS 410.715. Person suffering brain injury to be considered person with disability:
***It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person’s ability to perform activities of daily living shall be considered a person with a disability. [1991 c.402 §1; 2007 c.70 §182]

Question 6

(9) “Public or private official” means:

Answer 6

(9) “Public or private official” means:
(a) Physician or physician assistant licensed
under ORS chapter 677, naturopathic physician, or chiropractor, including any intern or resident.
(b) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.
(c) Employee of the Department of Human Services or community developmental disabilities program.
(d) Employee of the Oregon Health Authority, county health department or community mental health program.
(e) Peace officer.
(f) Member of the clergy. (g) Regulated social worker.
(h) Physical, speech or occupational therapist.
(i) Senior center employee.
(j) Information and referral or outreach worker.
(k) Licensed professional counselor or licensed marriage and family therapist.
(L) Any public official who comes in contact with elderly persons in the performance of the official’s official duties.
(m) Firefighter or emergency medical services provider.
(n) Psychologist.
(o) Provider of adult foster care or an employee of the provider.
(p) Audiologist.
(q) Speech-language pathologist.

Question 7

(10) “Services” includes but is not limited to:

Answer 7

(10) “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 elderly person.

Question 8

(11) “Sexual abuse” means: (a) & (b)

Answer 8

(11)(a) “Sexual abuse” means:
(A) Sexual contact with an elderly person who does not consent or is 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 elderly person served by the facility or caregiver;
(D) Any sexual contact between an elderly person and a relative of the elderly person other than a spouse; or
(E) Any sexual contact that is achieved through force, trickery, threat or coercion.

(b) “Sexual abuse” does not mean consensual sexual contact between an elderly person and a paid caregiver who is the spouse of the elderly person.

Question 9

(13) “Verbal abuse”means to:

Answer 9

(13) “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability 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.

Question 10

(13) “Verbal abuse”means to:

Answer 10

(13) “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability 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.

Question 11

124. 50. As used in ORS 124.050 to 124.095:

1) “Abuse” means one or more of the following: (a-j

Answer 11

(a) Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury.
(b) Neglect.
(c) Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.
(d) Willful infliction of physical pain or injury upon an elderly person.
(e) 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.
(f) Verbal abuse.
(g) Financial exploitation.
(h) Sexual abuse.
(i) Involuntary seclusion of an elderly person
for the convenience of a caregiver or to discipline the person.
(j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

Question 12

124. 50. As used in ORS 124.050 to 124.095:
         (2) “Elderly person”
         (3) “Facility” means:

Answer 12

(2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

(3) “Facility” means:
(a) A long term care facility as that term is defined in ORS 442.015.
(b) A residential facility as that term is defined in ORS 443.400, including but not limited to an assisted living facility.
(c) An adult foster home as that term is defined in ORS 443.705.

Question 13

124. 50. As used in ORS 124.050 to 124.095:

(4) “Financial exploitation” means: a-d

Answer 13

(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.
(b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person 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 elderly person or a person with a disability.
(d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

Question 14

124.050. As used in ORS 124.050 to 124.095:

(5) “Intimidation”,
(6) “Law enforcement agency”,
(7) “Neglect” means:

Answer 14

(5) “Intimidation” means compelling or deterring conduct by threat.

(6) “Law enforcement agency” means:
(a) Any city or municipal police department.
(b) Any county sheriff’s office.
(c) The Oregon State Police.
(d) Any district attorney.
(e) A police department established by a
university under ORS 352.383 or 353.125.

(7) “Neglect” means:
(a) Failure to provide the care, supervision or
services necessary to maintain the physical and mental health of an elderly person that may result in physical harm or significant emotional harm to the elderly person; or
(b) The failure of a caregiver to make a reasonable effort to protect an elderly person from abuse.

Question 15

124. 50. As used in ORS 124.050 to 124.095:

(8) “Person with a disability” means

Answer 15

(8) “Person with a disability” means a person described in:
(a) ORS 410.040 (7); or
(b) ORS 410.715.

Question 16

124. 50. As used in ORS 124.050 to 124.095:

(9) “Public or private official” means:

Answer 16

(9) “Public or private official” means:
(a) Physician or physician assistant licensed
under ORS chapter 677, naturopathic physician or chiropractor, including any intern or resident.
(b) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service.
(c) Employee of the Department of Human Services or community developmental disabilities program.
(d) Employee of the Oregon Health Authority, county health department or community mental health program.
(e) Peace officer.
(f) Member of the clergy.
(g) Regulated social worker.
(h) Physical, speech or occupational therapist.
(i) Senior center employee.
(j) Information and referral or outreach worker.
(k) Licensed professional counselor or licensed marriage and family therapist.
(L) Member of the Legislative Assembly.
(m) Firefighter or emergency medical services provider.
(n) Psychologist.
(o) Provider of adult foster care or an employee of the provider.
(p) Audiologist.
(q) Speech-language pathologist.
(r) Attorney.
(s) Dentist.
(t) Optometrist.
(u) Chiropractor.

Question 17

124. 50. As used in ORS 124.050 to 124.095:

(10) “Services” includes:

Answer 17

(10) “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 elderly person.

Question 18

124. 50. As used in ORS 124.050 to 124.095:
         (11) (a) “Sexual abuse” means: A-E
         (b) “Sexual abuse” does not mean
         (12) “Sexual contact”

Answer 18

(11)(a) “Sexual abuse” means:
(A) Sexual contact with an elderly person who does not consent or is 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 elderly person served by the facility or caregiver;
(D) Any sexual contact between an elderly person and a relative of the elderly person other than a spouse; or
(E) Any sexual contact that is achieved through force, trickery, threat or coercion.

(b) “Sexual abuse” does not mean consensual sexual contact between an elderly person and a paid caregiver who is the spouse of the elderly person.

(12) “Sexual contact” has the meaning given that term in ORS 163.305.
* **(6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

Question 19

(13) “Verbal abuse” means

Answer 19

(13) “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability 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.

Question 20

124.055 Policy.

Mandatory reports & investigations

Answer 20

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 public interest to require mandatory reports and investigations of allegedly abused elderly persons. [Formerly 410.620]

Question 21

124.060 Duty of officials to report; exception.

Answer 21

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 contact, while acting in an official capacity, has suffered abuse, or that any person with whom the official comes in contact while acting in an official capacity has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065. Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section,

***except that a psychiatrist or psychologist is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.

Question 22

124.060. Reasonable cause to Report

Answer 22

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 contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065.

Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295.

An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.

Question 23

124.065 Method of reporting; content; notice to law enforcement agency and to department. (1-4)

Answer 23

(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 the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
(2) When a report of a possible crime is received by the department under ORS 124.060, the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance.
(3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification within two business days.
(4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the local office of the department in the county where the report was made.

Question 24

124. 065.

1) When a report is required under ORS 124.060: (1-4

Answer 24

(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 the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
(2) When a report of a possible crime is received by the department under ORS 124.060, the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of
the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance.
(3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification.
(4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the local office of the department in the county where the report was made.