1. (1) Agency with Choice employees, agents and Licensee must not permit, aid, or engage in Abuse of Individuals who are served by the Agency with Choice. All Agency with Choice staff are Mandatory Reporters of Abuse.

   1. (a) All Agency with Choice employees are required to immediately report Abuse or suspected Abuse to the ODHS SAFE line (1-855-503-SAFE (7233)), local APD office, local AAA office, or local law enforcement agency;
   2. (b) The Agency with Choice Administrator, or designee, must immediately notify the local APD office, local AAA, or Department of any incident of Abuse or suspected Abuse, including events overheard or witnessed by observation;
   3. (c) The local law enforcement agency must be called first when the suspected Abuse is believed to be a crime, including neglect that rises to a crime, financial exploitation, etc.; and
   4. (d) Physical injury of unknown cause must be reported to the local APD office, local AAA, or Department as suspected Abuse.

2. (2) Upon any allegation of an event defined in OAR 411-039-0060 (9)(a) or Abuse, the Agency with Choice must promptly investigate, and document the report and take measures necessary to protect the Individual and prevent the reoccurrence of the event or Abuse. The investigation must document:

   1. (a) Time, date, place and Individuals present;
   2. (b) Description of the event as reported;
   3. (c) Response of staff at the time of the event;
   4. (d) Follow-up action; and
   5. (e) Administrator’s review.
3. (3) Upon substantiation of Abuse, the Department must provide written notification of the findings to the Individual involved, and the Agency with Choice as defined in OAR chapter 411, division 020.
4. (4) The Agency with Choice must not hamper nor impede the Department or law enforcement from investigating Abuse and suspected crimes and must give full access of Agency with Choice records, including but not limited to alleged victim records, and Direct Support Worker training records. The Department must be able to interview all Agency with Choice employees, including Direct Support Workers without an Agency with Choice Administrator present, unless it is requested by them.
5. (5) An Agency with Choice must immediately terminate employment of a Direct Support Worker who has a substantiated claim of Abuse or neglect of an Individual from serving any Individual. If the Direct Support Worker was involved in other events listed in OAR 411-039-0060 (9)(a), the Agency with Choice will discuss with the Individual if they are comfortable with the Direct Support Worker continuing to provide Services and Supports.

Statutory/Other Authority

Or Laws 2024, ch. 37

Statutes/Other Implemented

ORS 124.050 & Or Laws 2024, ch. 37

History

APD 17-2025, adopt filed 12/10/2025, effective 12/15/2025