Or. Admin. Code § 411-020-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-020-0110 - Intervention

(1) Intervention is the process by which APS assists the victim to reduce or remove the threat of harm that has placed the victim at risk.

(2) Intervention may include, but is not limited to:

(a) Arranging for emergency services, such as law enforcement and emergency medical care as needed.

(b) Providing education and counseling to the individual at risk and other parties, as appropriate.

(c) Facilitating the delivery of additional available support services, including legal, medical, and other services, and helping to arrange for possible alternative living arrangements or alternate decision makers, as needed.

(d) Providing advocacy to assure the rights of the alleged victim are protected.

(3) Intervention may happen one or more times during the assessment or investigation process, or as an end result of the assessment or investigation. The initial APS intervention is designed to be a short-term crisis response. Longer term interventions may be made available through APS risk management or through non-APS case management.

(4) An individual who can make an informed choice may refuse assistance or intervention. In this case, the worker shall provide the individual with appropriate resource information and a way to re-contact APS if a threat of harm recurs or reaches a level unacceptable to the individual.

(5) If the individual lacks appropriate information to make an informed choice, the worker must provide or arrange for the provision of relevant information in a manner that is timely, accessible to the individual, and balanced, in order to support the individual's right to make an informed choice.

(6) If the individual at risk is unable to make an informed choice due to a lack of capacity, appropriate intervention, if available, may include medical assessment to determine whether capacity may be improved or restored.

(7) If the individual at risk is unable to consent to assessment or treatment, consideration may be given to involuntary intervention, including, as appropriate, guardianship, conservatorship, protective orders, or civil commitment. In all such cases, the intervention initiated must be:

(a) The least restrictive available;

(b) Respectful of the values of the individual at risk; and

(c) Sought only when it has been determined that there is no surrogate decision maker in place, or that such individual is not acting responsibly in that role.

Or. Admin. Code § 411-020-0110

SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05; SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10; APD 37-2014, f. 11-24-14, cert. ef. 1/1/2015; APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018; APD 44-2018, amend filed 12/27/2018, effective 12/27/2018

Statutory/Other Authority: ORS 124.055, 124.065, 124.070, 125.012, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.450, 443.765, 443.767

Statutes/Other Implemented: ORS 124.050 - 124.095, 125.012, 409.010, 410.020, 410.040 & 410.070, 411.116, 443.767