Or. Admin. R. 411-020-0040
Services Provided
Effective Dec 27, 2018ORS 124.055, 124.065, 124.070, 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, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116Department of Human Services
- (1) Local offices must follow procedural guidelines consistent with Department policies guiding APS response activities. Although the role of APS is civil rather than criminal investigation, cooperative agreements with regulatory and enforcement agencies, such as local law enforcement, district attorneys, and licensing agencies are desirable.
- (2) The Department shall establish and maintain agreements and understandings with other key agencies having a role in protecting the interests and rights of individuals who are the subject of these rules, including the Oregon State Police and the Department of Justice.
- (3) The Adult Protective Services function consists of a standard series of activities, including screening, triage or consultation, on-site assessment, investigation, intervention, documentation, and APS risk management.
- (4) Deviations from these rules may be warranted to protect the safety of any party or as otherwise allowed by policy. The reasons for these deviations must be reviewed with a supervisor or designee and properly documented in the investigative record.
- (5) Adults have the right to make informed choices (as defined in 411-020-0002) that do not conform to societal norms as long as those decisions are not harmful to others. This includes the right to refuse participation in APS assessments, investigation, or intervention. This does not include the right to prevent an investigation from occurring.
- (6) The local office must retain records that document the APS functions for a period of 15 years after last activity.
Statutory/Other Authority
ORS 124.055, 124.065, 124.070, 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, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116
History
APD 44-2018, amend filed 12/27/2018, effective 12/27/2018
APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018
APD 37-2014, f. 11-24-14, cert. ef. 1-1-15
SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10
SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05
SSD 5-1994, f. & cert. ef. 11-15-94, Renumbered from 411-020-0005
Renumbered from 461-011-0005 by Ch. 784, OL 1981 & AFS 69-1981, f. 9-30-81, cert. ef. 10-1-81
AFS 5-1980, f. & cert. ef. 1-25-80