Oregon Bulletin
February 1, 2011
Rule
Caption: Definition Correction in Abuse
Reporting and Protective Services in Community Programs and Facilities Rules.
Adm.
Order No.: DHSD 11-2010
Filed with Sec. of
State: 12-30-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 12-1-2010
Rules Amended: 407-045-0260
Rules Repealed: 407-045-0260(T)
Subject: The Department of Human Services is amending this rule
to correct a scrivener’s error in the definition of “Neglect” found at
407-045-0260(1)(e)(A). The current rule states, “Neglect includes active or
passive failure to provide the care, supervision, or services necessary to
maintain the physical and mental health of an adult that creates a risk of
significant harm or results in harm to the adult.” The correct language and legal
standard is “…significant risk of harm.” A temporary rule is currently in
effect (8/5/10 through 1/31/11) and will be repealed when this permanent
rulemaking goes into effect.
Rules Coordinator: Jennifer Bittel—(503) 947-5250
407-045-0260
Definitions
As used in OAR 407-045-0250 to 407-045-0370, the
following definitions apply:
(1) “Abuse of an adult with developmental disabilities”
means:
(a) “Abandonment” including desertion or willful
forsaking by a person who has assumed responsibility for providing care, when
that desertion or forsaking results in harm or places the adult at risk of
serious harm.
(b) Death of an adult caused by other than accidental
or natural means or occurring in unusual circumstances.
(c) “Financial exploitation” including:
(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. “Effectively” means
use of income or assets for the benefit of the adult.
(d) “Involuntary seclusion” means the involuntary
seclusion of an adult for the convenience of a caregiver or to discipline the
adult. Involuntary seclusion may include placing restrictions on an adult’s
freedom of movement by restriction to his or her room or a specific area, or
restriction from access to ordinarily accessible areas of the facility,
residence, or program, unless agreed to by the Individual Support Plan (ISP)
team included in an approved Behavior Support Plan (BSP) or included in a
brokerage plan’s specialized support. Restriction may be permitted on an
emergency or short term basis when an adult’s presence would pose a risk to
health or safety.
(e) “Neglect” including:
(A) Active or passive failure to provide the care,
supervision, or services necessary to maintain the physical and mental health
of an adult that creates a significant risk of harm or results in actual harm
to an adult. Services include but are not limited to the provision of food,
clothing, medicine, housing, medical services, assistance with bathing or
personal hygiene, or any other services essential to the well-being of the
adult
(B) Failure of a caregiver to make a reasonable effort
to protect an adult from abuse.
(f) “Physical abuse” means:
(A) Any physical injury by other than accidental means
or that appears to be at variance with the explanation given for the injury.
(B) Willful infliction of physical pain or injury.
(C) Physical abuse is presumed to cause physical
injury, including pain, to adults otherwise incapable of expressing pain.
(g) “Sexual abuse” including:
(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 including
requests for sexual favors. Sexual harassment or exploitation includes but is
not limited to any sexual contact or failure to discourage sexual contact
between an employee of a community facility or community program, provider, or
other caregiver and an adult. For situations other than those involving an
employee, provider, or other caregiver and an adult, sexual harassment or
exploitation means unwelcome physical sexual contact and other physical conduct
directed toward an adult.
(C) Any sexual contact between an employee of a
facility or paid caregiver and an adult served by the facility or caregiver.
Sexual abuse does not mean consensual sexual contact between an adult and a
paid caregiver who is the spouse or partner of the adult.
(D) Any sexual contact that is achieved through force,
trickery, threat, or coercion.
(E) Any sexual contact between an adult with a
developmental disability and a relative of the person with a developmental
disability other than a spouse or partner. “Relative” means a parent,
grandparent, children, brother, sister, uncle, aunt, niece, nephew, half
brother, half sister, stepparent, or stepchild.
(F) As defined in ORS 163.305, “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.
(h) “Wrongful restraint” means:
(A) A wrongful use of a physical or chemical restraint,
excluding an act of restraint prescribed by a licensed physician, by any adult
support team approved plan, or in connection with a court order.
(B) “Wrongful restraint” does not include physical
emergency restraint to prevent immediate injury to an adult who is in danger of
physically harming himself or herself or others, provided only that the degree
of force reasonably necessary for protection is used for the least amount of
time necessary.
(i) “Verbal abuse” includes threatening significant
physical harm or causing emotional harm to an adult through the use of:
(A) Derogatory or inappropriate names, insults, verbal
assaults, profanity, or ridicule.
(B) Harassment, coercion, punishment, deprivation,
threats, implied threats, intimidation, humiliation, mental cruelty, or
inappropriate sexual comments.
(C) A threat to withhold services or supports,
including an implied or direct threat of termination of services. “Services”
include but are not limited to the provision of food, clothing, medicine,
housing, medical services, assistance with bathing or personal hygiene, or any
other services essential to the well-being of an adult.
(D) For purposes of this section, verbal conduct
includes but is not limited to the use of oral, written, or gestured
communication that is directed to an adult or within their hearing distance, or
sight if gestured, regardless of their ability to comprehend. In this
circumstance the assessment of the conduct is based on a reasonable person
standard.
(E) The emotional harm that can result from verbal
abuse may include but is not limited to anguish, distress, or fear.
(j) An adult who in good faith is voluntarily under
treatment solely by spiritual means through prayer in accordance with the
tenets and practices of a recognized church or religious denomination by a duly
accredited practitioner shall for this reason alone not be considered subjected
to abuse.
(2) “Abuse of an adult with mental illness” means:
(a) Death of an adult caused by other than accidental
or natural means or occurring in unusual circumstances.
(b) “Neglect” including:
(A) Active or passive failure to provide the care,
supervision, or services necessary to maintain the physical and mental health
of an adult that results in actual harm or significant mental injury to an
adult. “Services” include but are not limited to the provision of food,
clothing, medicine, housing, medical services, assistance with bathing or
personal hygiene, or any other services essential to the well-being of the
adult.
(B) Failure of a caregiver to make a reasonable effort
to protect an adult from abuse.
(c) “Physical abuse” means:
(A) Any physical injury by other than accidental means
or that appears to be at variance with the explanation given for the injury.
(B) Willful infliction of physical pain or injury.
(C) Physical abuse is presumed to cause physical
injury, including pain, to adults otherwise incapable of expressing pain.
(d) “Sexual abuse” including:
(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 including requests for
sexual favors. Sexual harassment or exploitation includes but is not limited to
any sexual contact or failure to discourage sexual contact between an employee
of a community facility or community program, provider, or other caregiver and
an adult. For situations other than those involving an employee, provider, or
other caregiver and an adult, sexual harassment or exploitation means unwelcome
physical sexual contact including requests for sexual favors and other physical
conduct directed toward an adult.
(C) Any sexual contact between an employee of a
facility or paid caregiver and an adult served by the facility or caregiver.
Sexual abuse does not mean consensual sexual contact between an adult and a
paid caregiver who is the spouse or partner of the adult.
(D) Any sexual contact that is achieved through force,
trickery, threat, or coercion.
(E) As defined in ORS 163.305, “sexual contact” means
any touching of sexual or other intimate parts of a person or causing such
person to touch sexual or other intimate parts of the actor for the purpose of
arousing or gratifying the sexual desire of either party.
(e) For the purpose of section (2) of this rule, the
following definitions apply:
(A) “Employee” means an individual who provides a
program service or who takes part in a program service and who receives wages,
a salary, or is otherwise paid by the program for providing the service.
(B) “Program staff” means an employee or individual
who, by contract with the program, provides a service and who has the
applicable competencies, qualifications, and certification, required by the
Integrated Services and Supports Rule (ISSR) (OAR 309-032-1500 to 309-032-1565)
to provide the service.
(C) “Provider” means a qualified individual or an
organizational entity operated by or contractually affiliated with a community
mental health program, or contracted directly with the Department of Human
Services’ (Department) Addictions and Mental Health Division (AMH) for the
direct delivery of mental health services and supports.
(D) “Volunteer” means an individual who provides a
program service or who takes part in a program service and who is not an
employee of the program and is not paid for services. The services must be
non-clinical unless the individual has the required credentials to provide a
clinical service.
(E) In addition to the definitions of abuse in section
(2)(a) through (d), abuse also has the following meanings for employees,
program staff, providers, and volunteers:
(i) “Abandonment” including desertion or willful
forsaking by an individual who has assumed responsibility for providing care
when the desertion or forsaking results in harm or places the adult at a risk
of serious harm.
(ii) “Financial exploitation” including:
(I) Wrongfully taking the assets, funds, or property
belonging to or intended for the use of an adult.
(II) 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.
(III) Misappropriating, misusing, or transferring
without authorization any money from any account held jointly or singly by an
adult.
(IV) Failing to use the income or assets of an adult
effectively for the support and maintenance of the adult. “Effectively” means
use of income or assets for the benefit of the adult.
(iii) “Involuntary Seclusion” means the involuntary
seclusion of an adult for the convenience of a caregiver or to discipline the
adult. Involuntary seclusion may include placing restrictions on an adult’s
freedom of movement by restriction to his or her room or a specific area or
restriction from access to ordinarily accessible areas of the facility,
residence, or program unless agreed to by the treatment plan. Restriction may
be permitted on an emergency or short term basis when an adult’s presence would
pose a risk to health or safety.
(iv) “Neglect” including active or passive failure to
provide the care, supervision, or services necessary to maintain the physical
and mental health of an adult that creates a significant risk of harm to an
adult or results in actual harm or significant mental injury to an adult.
Services include but are not limited to the provision of food, clothing,
medicine, housing, medical services, assistance with bathing or personal
hygiene, or any other services essential to the well-being of the adult.
(v) “Verbal abuse” includes threatening significant
physical harm or causing emotional harm to an adult through the use of:
(I) Derogatory or inappropriate names, insults, verbal
assaults, profanity, or ridicule.
(II) Harassment, coercion, punishment, deprivation,
threats, implied threats, intimidation, humiliation, mental cruelty, or
inappropriate sexual comments.
(III) A threat to withhold services or supports,
including an implied or direct threat of termination of services. “Services”
include but are not limited to the provision of food, clothing, medicine,
housing, medical services, assistance with bathing or personal hygiene, or any
other services essential to the well-being of an adult.
(IV) For purposes of this section, verbal conduct
includes but is not limited to the use of oral, written, or gestured communication
that is directed to an adult or within their hearing distance or sight,
regardless of their ability to comprehend. In this circumstance the assessment
of the conduct is based on a reasonable person standard.
(V) The emotional harm that can result from verbal
abuse may include but is not limited to anguish, distress, or fear.
(vi) “Wrongful restraint” means:
(I) A wrongful use of a physical or chemical restraint
excluding an act of restraint prescribed by a licensed physician pursuant to
OAR 309-033-0730.
(II) Abuse does not include physical emergency
restraint to prevent immediate injury to an adult who is in danger of
physically harming himself or herself or others, provided that only the degree
of force reasonably necessary for protection is used for the least amount of
time necessary.
(F) An adult who in good faith is voluntarily under
treatment solely by spiritual means through prayer in accordance with the
tenets and practices of a recognized church or religious denomination by a duly
accredited practitioner shall for this reason alone not be considered subjected
to abuse.
(3) “Abuse Investigation and Protective Services
Report” means a completed report.
(4) “Adult” means an adult who is 18 years of age or
older who:
(a) Has a developmental disability and is currently
receiving services from a community program or facility or was previously
determined eligible for services as an adult by a community program or
facility; or
(b) Has a mental illness and is receiving services from
a community program or facility.
(c) Receives services from a community program or
facility or care provider which is licensed or certified by or contracts with
the Department; and
(d) Is the alleged abuse victim.
(5) “Adult protective services” means the necessary
actions taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts, and to safeguard an allegedly abused adult’s person,
property, or funds.
(6) “Brokerage” or “Support service brokerage” means an
entity, or distinct operating unit within an existing entity, that performs the
functions listed in OAR 411-340-0120(1)(a) to (g) associated with planning for
and implementation of support services for an adult with developmental
disabilities.
(7) “Caregiver” means an individual or facility that
has assumed responsibility for all or a portion of the care of an adult as a
result of a contract or agreement.
(8) “Community facility” means a community residential
treatment home or facility, community residential facility, adult foster home,
community residential training home or facility, or a facility approved by AMH
for acute care services or crisis respite.
(9) “Community program” means the community mental
health or developmental disabilities program as established in ORS 430.610 to
430.695.
(10) “Designee” means the community program.
(11) “Department” means the Department of Human
Services.
(12) “Inconclusive” means there is insufficient
evidence to conclude the alleged abuse occurred or did not occur by a
preponderance of the evidence. The inconclusive determination may be used only
in the following circumstances:
(a) After diligent efforts have been made, the
protective services investigator is unable to locate the person alleged to have
committed the abuse, or cannot locate the alleged victim or another individual
who might have information critical to the investigation; or
(b) Relevant records or documents are unavailable, or
there is conflicting or inconsistent information from witnesses, documents, or
records with the result that after the investigation is complete, there is
insufficient evidence to support a substantiated or not substantiated
conclusion.
(13) “Law enforcement agency” means any city or
municipal police department, county sheriff’s office, the Oregon State Police,
or any district attorney.
(14) “Mandatory reporter” means any public or private
official who, while acting in an official capacity, comes in contact with and
has reasonable cause to believe that an adult has suffered abuse, or that any
individual with whom the official comes in contact while acting in an official
capacity has abused an adult. Pursuant to ORS 430.765(2), psychiatrists,
psychologists, clergy, and attorneys are not mandatory reporters with regard to
information received through communications that are privileged under ORS
40.225 to 20.295.
(15) “Not substantiated” means the preponderance of
evidence establishes the alleged abuse did not occur.
(16) “OIT” means the Department’s Office of
Investigations and Training.
(17) “Provider agency” means an entity licensed or
certified to provide services, or which is responsible for the management of
services to clients.
(18) “Public or private official” means:
(a) Physician, naturopathic physician, osteopathic
physician, psychologist, chiropractor, or podiatrist, including any intern or
resident;
(b) Licensed practical nurse, registered nurse, nurse’s
aide, home health aide, or employee of an in-home health services organization;
(c) Employee of the Department, county health
department, community mental health or developmental disabilities program, or
private agency contracting with a public body to provide any community mental
health services;
(d) Peace officer;
(e) Member of the clergy;
(f) Licensed clinical social worker;
(g) Physical, speech, or occupational therapist;
(h) Information and referral, outreach, or crisis
worker;
(i) Attorney;
(j) Firefighter or emergency medical technician; or
(k) Any public official who comes in contact with
adults in the performance of the official’s duties.
(19) “Substantiated” means that the preponderance of
evidence establishes the abuse occurred.
(20) “Unbiased investigation” means an investigation
that is conducted by a community program that does not have an actual or
potential conflict of interest with the outcome of the investigation.
Stat. Authority: ORS 179.040 &
409.050
Stats. Implemented: ORS 430.735 -
430.765, 443.400 - 443.460 & 443.705 - 443.825
Hist.: MHD 5-1994, f. 8-22-94
& cert. ef. 9-1-94; Renumbered from 309-040-0210, OMAP 87-2004, f.
11-10-04, cert. ef. 12-1-04; Renumbered from 410-009-0060, DHSD 5-2007, f.
6-29-07, cert. ef. 7-1-07; DHSD 3-2009, f. & cert. ef. 5-1-09; DHSD 12-2009(Temp),
f. 12-31-09, cert. ef. 1-1-10 thru 6-29-10; DHSD 4-2010, f. & cert. ef.
6-29-10; DHSD 7-2010(Temp), f. & cert. ef. 8-5-10 thru 1-31-11; DHSD
11-2010, f. 12-30-10, cert. ef. 1-1-11
Rule
Caption: Definition Correction in Abuse
Reporting and Protective Services in Children’s Care Provider (CCP) Settings.
Adm.
Order No.: DHSD 12-2010
Filed with Sec. of
State: 12-30-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 12-1-2010
Rules Amended: 407-045-0820
Rules Repealed: 407-045-0820(T)
Subject: This rule is being amended to correct a scrivener’s
error in the definition of the term “Not Substantiated” in OAR
407-045-0820(15). The current rule (effective 7/1/10) states the standard of
evidence as no reasonable cause to believe abuse occurred based on the
available evidence. The correct legal standard is a preponderance of the
evidence establishes the alleged abuse did not occur. A temporary rule is
currently in effect (7/12/10 through 1/8/11) and will be repealed when this
permanent rulemaking goes into effect.
Rules Coordinator: Jennifer Bittel—(503) 947-5250
407-045-0820
Definitions
The following definitions apply to OAR 407-045-0800
through 407-045-0980:
(1) “Abuse” includes but is not limited to:
(a) Any assault, as defined in ORS Chapter 163, of a child
and any physical injury to a child which has been caused by other than
accidental means, including any injury which appears to be at variance with the
explanation given of the injury.
(b) Any mental injury to a child, which shall include
only observable and substantial impairment of the child’s mental or
psychological ability to function caused by cruelty to the child, with due
regard to the culture of the child.
(c) Rape of a child, which includes but is not limited
to rape, sodomy, unlawful sexual penetration, and incest, as defined in ORS
Chapter 163.
(d) Sexual abuse, as defined in ORS Chapter 163.
(e) Sexual exploitation which includes but is not
limited to:
(A) Contributing to the sexual delinquency of a minor,
as defined in ORS Chapter 163, and any other conduct which allows, employs,
authorizes, permits, induces, or encourages a child to engage in the performing
for people to observe or the photographing, filming, tape recording, or other
exhibition which, in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in 163.665 and 163.670;
(B) Sexual abuse involving a child or rape of a child,
but not including any conduct which is part of any investigation conducted
pursuant to ORS 419B.020 or which is designed to serve educational or other
legitimate purposes; or
(C) Allowing, permitting, encouraging, or hiring a
child to engage in prostitution, as defined in ORS Chapter 167.
(f) Negligent treatment or maltreatment of a child
which includes but is not limited to failure to provide adequate food,
clothing, shelter, or medical care that is likely to endanger the child’s
health or welfare.
(g) Threatened harm to a child, which means subjecting
a child to a substantial risk of harm to the child’s health or welfare.
(h) Buying or selling an individual under 18 years of
age, as described in ORS 163.537.
(i) Permitting an individual under 18 years of age to
enter or remain in or upon premises where methamphetamines are being
manufactured.
(j) Unlawful exposure to a controlled substance, as
defined in ORS 475.005, that subjects a child to a substantial risk of harm to
the child’s health or safety.
(2) “Child” means an unmarried individual under 18
years of age.
(3) “Children’s care provider (CCP)” means a licensed
residential care agency, day treatment program, foster care agency, therapeutic
boarding school, or outdoor youth program that has assumed responsibility for
all or a portion of the care of a child. The term includes the CCP’s employees,
agents, contractors and their employees, and volunteers.
(4) “Day treatment program” means a licensed CCP that
provides day treatment services.
(5) “Day treatment services” means comprehensive, interdisciplinary,
nonresidential, community based, psychiatric treatment, family treatment, and
therapeutic activities integrated with an accredited education program provided
to children with emotional disturbances.
(6) “Department” means the Department of Human
Services.
(7) “Designated medical professional” means a medical
professional as defined in ORS 418.747 who has been trained to conduct child
abuse medical assessments pursuant to 418.782.
(8) “Foster care agency” means a licensed child-caring
agency that offers to place children by taking physical custody of and then
placing the children in homes certified by that agency.
(9) “Inconclusive” means a preponderance of evidence is
not available to determine whether the alleged abuse did or did not occur.
Evidence may be inconclusive because relevant witnesses, documents, or records
are unavailable, or because there is conflicting or inconsistent information
from witnesses, documents, or records, with the result that at the conclusion
of the investigation there is insufficient evidence to support a
“substantiated” or a “not substantiated” conclusion.
(10) “Legal finding” means a court or administrative
finding, judgment, order, stipulation, plea, or verdict that determines who was
responsible for the child abuse that is the subject of an OIT substantiation.
(11) “Likely to endanger the health or welfare of the
child” means negligent treatment or maltreatment that is likely to result in
harm to the child, based on the available facts, and on the individual child’s
particular physical, emotional, behavioral, or mental health needs,
circumstances, or vulnerabilities.
(12) “Maltreatment” means any action toward a child
which carries a risk of harm to the child’s physical, emotional, behavioral, or
mental health or welfare. Examples of staff behaviors that must be reported as
potential abuse by maltreatment include but are not limited to the willful
infliction of pain or injury (e.g. hitting, kicking, pushing, arm twisting,
head twisting, etc.); exposure to domestic violence; inappropriate or excessive
force during a containment hold or restraint; or other physical contact with
the child inconsistent with prescribed treatment or care. All injuries during a
restraint or hold must be reported, including minor injuries. Other behaviors
that must be reported include the use of derogatory names, phrases, profanity,
ridicule, harassment, intimidation, or coercion. While such behaviors do not
automatically mean abuse has occurred, such actions may be abuse if the investigation
determines the actions were likely to endanger the child’s health or welfare.
(13) “Mandatory reporter” means an individual or entity
having a duty to report as defined in ORS 419B.005 to 419B.050.
(14) “Negligent treatment” means failure to perform duties
or failure to take action required to protect the child’s health or welfare.
Examples of staff behaviors that must be reported as potential abuse by
negligent treatment include but are not limited to failure to supervise a child
or failure to intervene when a child needs assistance or care. While such
failures do not automatically mean abuse has occurred, such actions may be
abuse if the investigation determines the failures were likely to endanger the
child’s health or welfare.
(15) “Not substantiated” means the preponderance of
evidence establishes the alleged abuse did not occur.
(16) “OIT” means the Department’s Office of
Investigations and Training.
(17) “OIT investigator” means an employee of the
Department’s OIT who is authorized and trained to investigate reports of child
abuse or neglect under these rules.
(18) “OIT Substantiation Review Committee (OSRC)” means
a group of three Department employees selected by the Department’s Deputy
Director or designee, none of whom was involved in any part of the
investigation that resulted in the OIT substantiation under review. The
committee must consist of Department employees who are knowledgeable about the
dynamics of child abuse and neglect, including the assessment or investigation
of child abuse and neglect, and Department employees with knowledge of abuse
investigations, especially where abuse is alleged to have occurred in
out-of-home settings.
(19) “Outdoor youth program” means a licensed program
that provides, in an outdoor living setting, services to youth who are enrolled
in the program because they have behavioral or mental problems, or problems
with abuse of alcohol or drugs. “Outdoor youth program” does not include any
program, facility, or activity operated by a governmental entity, operated or
affiliated with the Oregon Youth Conservation Corps, or licensed by the
Department as a child-caring agency under other Department authority. It does
not include outdoor activities for youth designed to be primarily recreational
such as YMCA, Outward Bound, Boy Scouts, Girl Scouts, Campfire, church groups,
or other similar activities.
(20) “Person” means the person OIT has reasonable cause
to believe is responsible for child abuse in a substantiated OIT report, and
about whom a substantiated finding has been made.
(21) “Protective action” means a set of services or
activities undertaken to address and meet a child’s safety needs after a report
of abuse has been received by OIT.
(22) “Residential care agency” means a licensed
child-caring agency that provides services to children 24 hours a day.
(23) “Substantiated” means that a preponderance of
evidence establishes the alleged abuse occurred.
(24) “Suspicious physical injury” is defined in ORS
419B.005 and includes but is not limited to burns or scalds; extensive bruising
or abrasions on any part of the body; bruising, swelling, or abrasions on the
head, neck, or face; fractures of any bone in a child under the age of three;
multiple fractures in a child of any age; dislocations, soft tissue swelling,
or moderate to severe cuts; loss of the ability to walk or move normally
according to the child’s developmental ability; unconsciousness or difficulty
maintaining consciousness; multiple injuries of different types; injuries
causing serious or protracted disfigurement or loss or impairment of the
function of any bodily organ; or any other injury that threatens the physical
well-being of the child.
(25) “Therapeutic boarding school” means a licensed
organization or a program in an organization that:
(a) Is primarily a school and not a residential care
agency;
(b) Provides educational services and care to children
24 hours a day; and
(c) Holds itself out as serving children with emotional
or behavioral problems, providing therapeutic services, or ensuring that
children receive therapeutic services.
Stat. Auth.: ORS 409.050 &
418.005
Stats. Implemented: ORS 409.185,
418.005, 418.189, 418.205 - 418.327, 418.747, 419B.005 - 419B.050 &
419B.328
Hist.: DHSD 12-2007(Temp), f.
& cert. ef.12-3-07 thru 5-30-08; DHSD 4-2008, f. & cert. ef. 5-30-08;
DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10; DHSD 6-2010(Temp), f. & cert.
ef. 7-12-10 thru 1-8-11; DHSD 12-2010, f. 12-30-10, cert. ef. 1-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |