Or. Admin. Code § 419-130-0050

Current through Register Vol. 63, No. 10, October 1, 2024

Section 419-130-0050 - Assessment for and Provision of Protective Services for Residents

(1) Upon the initial receipt of a complaint or report of alleged abuse, OTIS shall contact the assigned HSD specialist to begin assessing needed or provided protective services, and any needed collaboration with the SUD facility.

(2) An attempt at direct contact with the alleged victims who are SUD residents shall be determined between OTIS or HSD Licensing as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services.

(a) OTIS or HSD Licensing may decide not to attempt direct contact if the resident's clinician states a health, safety or well-being concern exists.

(b) Direct contact is not required if the alleged victim is no longer a resident of the facility.

(3) Assessment for the provision of protective services may include:

(a) Arranging for the immediate protection of the alleged victim;

(b) Assessing the adult's ability to protect their own interest or give informed consent;

(c) Determining the alleged victim's ability to understand the nature of the protective service and their willingness to accept services;

(d) Coordinating evaluations to determine or verify the alleged victim's physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the alleged victim's rights and entitlements are protected; and

(h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse.

(4) In coordinating the assessment and assurance of protective services for the alleged victim, OTIS and HSD Licensing may share confidential information appropriate or necessary for evaluation of the health, safety and best interests of the alleged victim in need of protection.

(5) OTIS shall document the protective services assessment and provisions provided, including those needed, offered and declined. The assessment is considered confidential SUD information.

Or. Admin. Code § 419-130-0050

DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020; DHS 7-2023, renumbered from 407-045-1050, filed 12/01/2023, effective 12/01/2023; OTIS 121-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 430.731 & ORS 409.010, 409.050, 413.085

Statutes/Other Implemented: ORS 430.731, 430.205 and 430.210 (amended by OL 2019, Chapter 236), 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640, 443.400 - 443.455, 42 CFR, Part 2, Oct. 1, 2018 & 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2)