Bill Text: OR HB3217 | 2013 | Regular Session | Introduced
Bill Title: Relating to abuse of individuals with mental illness; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3217 Detail]
Download: Oregon-2013-HB3217-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 425
House Bill 3217
Sponsored by COMMITTEE ON HUMAN SERVICES AND HOUSING
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Expands definition of abuse of individuals with mental illness.
Recognizes responsibility of Oregon Health Authority to
investigate abuse of individuals with mental illness.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to abuse of individuals with mental illness; amending
ORS 430.731, 430.735, 430.743, 430.745, 430.746, 430.747,
430.756, 430.757, 430.763, 430.768 and 443.875; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.735 is amended to read:
430.735. As used in ORS 430.735 to 430.765:
(1) { + (a) + } 'Abuse { + , + } ' { + with respect to a
person with a developmental disability or a person with mental
illness, + } means one or more of the following:
{ - (a) Abandonment, including desertion or willful forsaking
of a person with a developmental disability or the withdrawal or
neglect of duties and obligations owed a person with a
developmental disability by a caregiver or other person. - }
{ - (b) - } { + (A) + } Any physical injury to an adult
caused by other than accidental means, or that appears to be at
variance with the explanation given of the injury.
{ - (c) - } { + (B) + } Willful infliction of physical pain
or injury upon an adult.
{ - (d) - } { + (C) + } Sexual abuse of an adult.
{ - (e) - } { + (D) + } Neglect { - . - } { + of an
adult.
(E) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
(F) Any death of an adult caused by other than accidental or
natural means.
(b) 'Abuse,' with respect to a person with mental illness
receiving services in a facility or a person with a developmental
disability, means one or more of the following:
(A) Abandonment, including desertion or willful forsaking of an
adult or the withdrawal or neglect of duties and obligations owed
an adult by a caregiver or other person. + }
{ - (f) - } { + (B) + } Verbal abuse of { - a person with
a developmental disability - } { + an adult + }.
{ - (g) - } { + (C) + } Financial exploitation of { - a
person with a developmental disability - } { + an adult + }.
{ - (h) - } { + (D) + } Involuntary seclusion { + or
restriction of an adult + }
{ - of a person with a developmental disability - } for the
convenience of the caregiver or to discipline the
{ - person - } { + adult + }.
{ - (i) - } { + (E) + } A wrongful use of a physical or
chemical restraint upon { - a person with a developmental
disability - } { + an adult + }, excluding an act of restraint
prescribed by a licensed physician and any treatment activities
that are consistent with an approved treatment plan or in
connection with a court order.
{ - (j) An act that constitutes a crime under ORS 163.375,
163.405, 163.411, 163.415, 163.425, 163.427, 163.465 or
163.467. - }
{ - (k) Any death of an adult caused by other than accidental
or natural means. - }
(2) 'Adult' means a person 18 years of age or older { + . + }
{ - with: - }
{ - (a) A developmental disability who 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) A mental illness who is receiving services from a
community program or facility. - }
(3) '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 adult's person,
property and funds, including petitioning for a protective order
as defined in ORS 125.005. Any actions taken to protect an adult
shall be undertaken in a manner that is least intrusive to the
adult and provides for the greatest degree of independence.
(4) 'Caregiver' means an individual, whether paid or unpaid, or
a facility that has assumed responsibility for all or a portion
of the care of an adult as a result of a contract or agreement.
(5) 'Community program' means a community mental health program
or a community developmental disabilities program as established
in ORS 430.610 to 430.695.
(6) 'Facility' means a residential treatment home or facility,
residential care facility, adult foster home, residential
training home or facility or crisis respite facility.
(7) 'Financial exploitation' means:
(a) Wrongfully taking the assets, funds or property belonging
to or intended for the use of { - a person with a developmental
disability - } { + an adult + }.
(b) Alarming { - a person with a developmental disability - }
{ + an adult + } by conveying a threat to wrongfully take or
appropriate money or property of the { - person if the
person - } { + 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
{ - a person with a developmental disability - } { + an
adult + }.
(d) Failing to use the income or assets of { - a person with
a developmental disability - } { + an adult + } effectively for
the support and maintenance of the { - person - } { +
adult + }.
(8) 'Intimidation' means compelling or deterring conduct by
threat.
(9) 'Law enforcement agency' means:
(a) Any city or municipal police department;
(b) A police department established by a university under ORS
352.383;
(c) Any county sheriff's office;
(d) The Oregon State Police; or
(e) Any district attorney.
(10) { + (a) + } 'Neglect { + , + } ' { + with respect to a
person with a developmental disability, or a person with mental
illness receiving services in a facility, + } means:
{ - (a) - } { + (A) + } Failure to provide the care,
supervision or services necessary to maintain the physical and
mental health of a person { - with a developmental
disability - } that may result in physical harm or significant
emotional harm to the person; { + or + }
{ - (b) - } { + (B) + } The failure of a caregiver to make
a reasonable effort to protect a person { - with a
developmental disability - } from abuse { + . + } { - ; or - }
{ - (c) - } { + (b) 'Neglect,' with respect to a person
with a developmental disability, or a person with mental illness
receiving services from a community program or in a facility,
means the active or passive + } withholding of services necessary
to maintain the health and well-being of an adult { - which - }
{ + that + } leads to physical harm of { - an - } { +
the + } adult.
(11) 'Person with a developmental disability' means { - a
person described in subsection (2)(a) of this section. - } { +
an adult who is receiving services from a community program or in
a facility or who was previously determined eligible for services
as a person with a developmental disability by a community
program or facility. + }
(12) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
psychologist, chiropractor or podiatric physician and surgeon,
including any intern or resident;
(b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service;
(c) Employee of the Department of Human Services or Oregon
Health Authority, county health department, community mental
health program or community developmental disabilities program or
private agency contracting with a public body to provide any
community mental health service;
(d) Peace officer;
(e) Member of the clergy;
(f) Regulated social worker;
(g) Physical, speech or occupational therapist;
(h) Information and referral, outreach or crisis worker;
(i) Attorney;
(j) Licensed professional counselor or licensed marriage and
family therapist;
(k) Any public official who comes in contact with adults in the
performance of the official's duties; or
(L) Firefighter or emergency medical services provider.
(13) 'Services' includes but is not limited to the provision of
food, clothing, medicine, housing, medical services, assistance
with bathing or personal hygiene or any other service essential
to the well-being of an adult.
(14)(a) 'Sexual abuse' means:
(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;
(C) Any sexual contact between an employee of a facility or
paid caregiver and an adult served by the facility or caregiver;
(D) Any sexual contact between { - a person with a
developmental disability - } { + an adult + } and a relative of
the { - person with a developmental disability - } { +
adult + } other than a spouse; or
(E) Any sexual contact that is achieved through force,
trickery, threat or coercion.
(b) 'Sexual abuse' does not mean consensual sexual contact
between an adult and a paid caregiver who is the spouse of the
adult.
(15) 'Sexual contact' has the meaning given that term in ORS
163.305.
(16) 'Verbal abuse' means to threaten significant physical or
emotional harm to { - a person with a developmental
disability - } { + an adult + } through the use of:
(a) Derogatory or inappropriate names, insults, verbal
assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation,
mental cruelty or inappropriate sexual comments.
SECTION 2. ORS 430.731 is amended to read:
430.731. (1) The Department of Human Services { + , the Oregon
Health Authority + } or a designee of the department { + or the
authority + } shall conduct the investigations and make the
findings required by ORS 430.735 to 430.765.
(2) The department { + and the authority + } shall prescribe
by rule policies and procedures for the investigations of
allegations of abuse { - of a person with a developmental
disability as described - } { + as defined + } in ORS 430.735
{ - (2)(a) - } { + occurring in community programs or
facilities within their respective jurisdictions, + } to ensure
that the investigations are conducted in a uniform, objective and
thorough manner in every county of the state including, but not
limited to, policies and procedures that:
(a) Limit the duties of investigators solely to conducting and
reporting investigations of abuse;
(b) Establish investigator caseloads based upon the most
appropriate investigator-to-complaint ratios;
(c) Establish minimum qualifications for investigators that
include the successful completion of training in identified
competencies; and
(d) Establish procedures for the screening and investigation of
abuse complaints and establish uniform standards for reporting
the results of the investigation.
(3) A person employed by or under contract with the department,
the { + authority, a + } designee of the department or { + the
authority, + } a community developmental disabilities
program { + or a community mental health program + } to provide
case management services may not serve as the lead investigator
of an allegation of abuse { - of a person with a developmental
disability - } .
(4) The department { + or the authority + } shall monitor
investigations conducted by a { + respective + } designee of the
department { + or the authority + }.
SECTION 3. ORS 430.743 is amended to read:
430.743. (1) When a report is required under ORS 430.765 (1)
and (2), an oral report shall be made immediately by telephone or
otherwise to the Department of Human Services, { + the Oregon
Health Authority, + } the designee of the department { + or the
authority + } or a law enforcement agency within the county where
the person making the report is at the time of contact. If known,
the report shall include:
(a) The name, age and present location of the allegedly abused
adult;
(b) The names and addresses of persons responsible for the
adult's care;
(c) The nature and extent of the alleged abuse, including any
evidence of previous abuse;
(d) Any information that led the person making the report to
suspect that abuse has occurred plus any other information that
the person believes might be helpful in establishing the cause of
the abuse and the identity of the perpetrator; and
(e) The date of the incident.
(2) When a report is received by { - the department's - }
{ + a + } designee { + of the department or the authority + }
under this section, the designee shall immediately determine
whether abuse occurred and if the reported victim has sustained
any serious injury. If so, the designee shall immediately notify
the department { + or the authority + }. If there is reason to
believe a crime has been committed, the designee shall
immediately notify the law enforcement agency having jurisdiction
within the county where the report was made. If the designee is
unable to gain access to the allegedly abused adult, the designee
may contact the law enforcement agency for assistance and the
agency shall provide assistance. When a report is received by a
law enforcement agency, the agency shall immediately notify the
law enforcement agency having jurisdiction if the receiving
agency does not. The receiving agency shall also immediately
notify the department { + or the authority + } in cases of
serious injury or death.
(3) Upon receipt of a report of abuse under this section, the
department { + , the authority + } or { - its - } { + a + }
designee { + of the department or the authority + } shall
notify:
(a) The { - agency - } { + persons responsible for + }
providing primary case management services to the adult; and
(b) The guardian or case manager of the adult unless the
notification would undermine the integrity of the investigation
because the guardian or case manager is suspected of committing
abuse.
SECTION 4. ORS 430.745 is amended to read:
430.745. (1) Upon receipt of any report of alleged abuse of an
adult, or upon receipt of a report of a death of an adult that
may have been caused by other than accidental or natural means,
the Department of Human Services { + , the Oregon Health
Authority + } { - or its designee - } { + a designee of the
department or the authority + } shall investigate promptly to
determine if abuse occurred or whether a death was caused by
abuse. If the department { + , the authority + } or
{ - its designee - } { + a designee of the department or the
authority + } determines that a law enforcement agency is
conducting an investigation of the same incident, the
department { + , the authority + } or { - its designee - }
{ + a designee of the department or the authority + } need not
conduct its own investigation.
(2) The department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + } may enter a facility and inspect and copy records
of a facility or community program if necessary for the
completion of the investigation.
(3) In cases in which the department, { - its designee - }
{ + the authority, a designee of the department or the
authority + } or the law enforcement agency conducting the
investigation finds reasonable cause to believe that an adult has
died as a result of abuse, it shall report that information to
the appropriate medical examiner. The medical examiner shall
complete an investigation as required under ORS chapter 146 and
report the findings to the department, { - its designee - }
{ + the authority, a designee of the department or the
authority + } or the law enforcement agency.
(4) Upon completion of an investigation conducted by a law
enforcement agency, that agency shall provide the
department { + , the authority + } or { - its designee - }
{ + a designee of the department or the authority + } with a
report of its findings and supporting evidence.
(5) If the department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + } determines that there is reasonable cause to
believe that abuse occurred at a facility or that abuse was
caused or aided by a person licensed by a licensing agency to
provide care or services, the department { + , the authority + }
or { - its designee - } { + a designee of the department or
the authority + } shall immediately notify each appropriate
licensing agency and provide each licensing agency with a copy of
its investigative findings.
(6) Upon completion of the investigation, the department { + ,
the authority + } or { - its designee - } { + a designee of
the department or the authority + } shall prepare written
findings that include recommended actions and a determination of
whether protective services are needed. The department { + , the
authority + } or { - its designee - } { + a + } { + designee
of the department or the authority + } shall provide appropriate
protective services as necessary to prevent further abuse of the
adult. Any protective services provided shall be undertaken in a
manner that is least intrusive to the adult and provides for the
greatest degree of independence that is available within existing
resources.
(7) If the department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + } determines that there is reason to believe a crime
has occurred, the department { + , the authority + } or { - its
designee - } { + a designee of the department or the
authority + } shall report the findings to the appropriate law
enforcement agency. The law enforcement agency must confirm its
receipt of the report to the department { + , the authority + }
or { - its designee - } { + a designee of the department or
the authority + } within two business days. Within three business
days of receipt of the findings, the agency shall notify the
department { + , the authority + } or
{ - its designee - } { + a designee of the department or the
authority of its determination + }:
(a) That there will be no criminal investigation, including an
explanation of why there will be no criminal investigation;
(b) That the findings have been given to the district attorney
for review; or
(c) That there will be a criminal investigation.
(8) If a law enforcement agency gives the findings of the
department { + , the authority + } or { - its designee - }
{ + a + } { + designee of the department or the authority
+ }to the district attorney for review, within five business
days the district attorney shall notify the department { + , the
authority + } or { - its designee - } { + a + } { + designee
of the department or the authority + }that the district attorney
has received the findings and shall inform the department { + ,
the authority + } or { - its designee - } { + a designee of
the department or the authority + }whether the findings have
been received for review or for filing charges. A district
attorney shall make the determination of whether to file charges
within six months of receiving the findings of the
department { + , the authority + } or { - its designee - }
{ + a designee of the department or the authority + }.
(9) If a district attorney files charges stemming from a report
from the department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + }and the district attorney makes a determination not
to proceed to trial, the district attorney shall notify the
department { + , the authority + } or
{ - its designee - } { + a + } { + designee of the
department or the authority + }of the determination within five
business days and shall include information explaining the basis
for the determination.
SECTION 5. ORS 430.745, as amended by section 18, chapter 837,
Oregon Laws 2009, is amended to read:
430.745. (1) Upon receipt of any report of alleged abuse of an
adult, or upon receipt of a report of a death of an adult that
may have been caused by other than accidental or natural means,
the Department of Human Services { + , the Oregon Health
Authority + } or
{ - its designee - } { + a designee of the department or the
authority + } shall investigate promptly to determine if abuse
occurred or whether a death was caused by abuse. If the
department { + , the authority + } or
{ - its designee - } { + a designee of the department or the
authority + } determines that a law enforcement agency is
conducting an investigation of the same incident, the
department { + , the authority + } or { - its designee - }
{ + a designee of the department or the authority + } need not
conduct its own investigation.
(2) The department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + } may enter a facility and inspect and copy records
of a facility or community program if necessary for the
completion of the investigation.
(3) In cases in which the department, { - its designee - }
{ + the authority, a designee of the department or the
authority + } or the law enforcement agency conducting the
investigation finds reasonable cause to believe that an adult has
died as a result of abuse, it shall report that information to
the appropriate medical examiner. The medical examiner shall
complete an investigation as required under ORS chapter 146 and
report the findings to the department, { - its designee - }
{ + the authority, a designee of the department or the
authority + } or the law enforcement agency.
(4) Upon completion of an investigation conducted by a law
enforcement agency, that agency shall provide the
department { + , the authority + } or { - its designee - }
{ + a designee of the department or the authority + } with a
report of its findings and supporting evidence.
(5) If the department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + } determines that there is reasonable cause to
believe that abuse occurred at a facility or that abuse was
caused or aided by a person licensed by a licensing agency to
provide care or services, the department { + , the authority + }
or { - its designee - } { + a designee of the department or
the authority + } shall immediately notify each appropriate
licensing agency and provide each licensing agency with a copy of
its investigative findings.
(6) Upon completion of the investigation, the department { + ,
the authority + } or { - its designee - } { + a designee of
the department or the authority + } shall prepare written
findings that include recommended actions and a determination of
whether protective services are needed. The department { + , the
authority + } or { - its designee - } { + a + } { + designee
of the department or the authority + } shall provide appropriate
protective services as necessary to prevent further abuse of the
adult. Any protective services provided shall be undertaken in a
manner that is least intrusive to the adult and provides for the
greatest degree of independence that is available within existing
resources.
(7) If the department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + } determines that there is reason to believe a crime
has occurred, the department { + , the authority + } or { - its
designee - } { + a designee of the department or the
authority + } shall report the findings to the appropriate law
enforcement agency. The law enforcement agency must confirm its
receipt of the report to the department { + , the authority + }
or { - its designee - } { + a designee of the department or
the authority + }. The agency shall notify the department { + ,
the authority + } or { - its designee - } { + a designee of
the department or the authority + }of its determination:
(a) That there will be no criminal investigation, including an
explanation of why there will be no criminal investigation;
(b) That the findings have been given to the district attorney
for review; or
(c) That there will be a criminal investigation.
(8) If a law enforcement agency gives the findings of the
department { + , the authority + } or { - its designee - }
{ + a + } { + designee of the department or the authority
+ }to the district attorney for review, the district attorney
shall notify the department { + , the authority + } or { - its
designee - } { + a designee of the department or the
authority + } that the district attorney has received the
findings and shall inform the department { + , the authority + }
or { - its designee - } { + a + } { + designee of the
department or the authority + }whether the findings have been
received for review or for filing charges. A district attorney
shall make the determination of whether to file charges within
six months of receiving the findings of the department { + , the
authority + } or { - its designee - } { + a designee of the
department or the authority + }.
(9) If a district attorney files charges stemming from a report
from the department { + , the authority + } or { - its
designee - } { + a + } { + designee of the department or the
authority + }and the district attorney makes a determination not
to proceed to trial, the district attorney shall notify the
department { + , the authority + } or
{ - its designee - } { + a designee of the department or the
authority + }of the determination and shall include information
explaining the basis for the determination.
SECTION 6. ORS 430.746 is amended to read:
430.746. Any designee of the Department of Human Services { +
or the Oregon Health Authority + } who makes a determination or
conducts an investigation under ORS 430.743 or 430.745 shall
receive training and consultation that is necessary to allow the
designee to make the determination or conduct a thorough and
unbiased investigation. The training required under this section
shall address the cultural and social diversity of the people of
this state.
SECTION 7. ORS 430.747 is amended to read:
430.747. (1) In carrying out its duties under ORS 430.735 to
430.765, a law enforcement agency or the { + designee of the + }
Department of Human { - Services' designee - } { + Services
or the Oregon Health Authority + } may photograph or cause to
have photographed any victim who is the subject of the
investigation for purposes of preserving evidence of the
condition of the victim at the time of investigation unless the
victim knowingly refuses to be photographed.
(2) For purposes of ORS 430.763, photographs taken under
authority of subsection (1) of this section shall be considered
case records.
SECTION 8. ORS 430.756 is amended to read:
430.756. A person who has personal knowledge that an employee
or former employee of the person was found by the Department of
Human Services { + , the Oregon Health Authority + } or a law
enforcement agency to have committed abuse under ORS 430.735 to
430.765, is immune from civil liability for the disclosure to a
prospective employer of the employee or former employee of known
facts concerning the abuse.
SECTION 9. ORS 430.757 is amended to read:
430.757. A proper record of all reports of abuse made under ORS
430.743 and 430.765 (1) and (2) shall be maintained by the
Department of Human Services { + and the Oregon Health
Authority + }.
SECTION 10. ORS 430.763 is amended to read:
430.763. Notwithstanding the provisions of ORS 192.410 to
192.505, the names of persons who made reports of abuse,
witnesses of alleged abuse and the affected adults and materials
under ORS 430.747 maintained under the provisions of ORS 430.757
are confidential and are not accessible for public inspection.
However, the Department of Human Services { + or the Oregon
Health Authority + } shall make this information and any
investigative report available to any law enforcement agency, to
any public agency that licenses or certifies facilities or
licenses or certifies the persons practicing therein and to any
public agency providing protective services for the adult, if
appropriate. The department { + and the authority + } shall
also make this information and any investigative report available
to any private agency providing protective services for the adult
and to the system described in ORS 192.517 (1). When this
information and any investigative report is made available to a
private agency, the confidentiality requirements of this section
apply to the private agency.
SECTION 11. ORS 430.768 is amended to read:
430.768. (1) When the Department of Human Services investigates
a report of abuse under ORS 430.735 to 430.765 at a residential
training home as defined in ORS 443.400 that is operated by the
department { + , + } or { + when the Oregon Health Authority
investigates + } a report of abuse at a state hospital described
in ORS 426.010, the department { + or the authority + } shall
address in the written report of its findings whether the person
alleged to be responsible for the abuse was acting in
self-defense.
(2) The department { + or the authority + } shall make a
finding that the allegation of abuse is unsubstantiated if the
department { + or the authority + } finds that:
(a) The person was acting in self-defense in response to the
use or imminent use of physical force;
(b) The amount of force used was reasonably necessary to
protect the person from violence or assault; and
(c) The person used the least restrictive procedures necessary
under the circumstances in accordance with an approved behavior
management plan or other method of response approved by the
department { + or the authority + } by rule.
(3) Notwithstanding ORS 179.505, the department { + or the
authority + } shall disclose to the person alleged to be
responsible for the abuse a copy of its findings under subsection
(1) of this section if the allegation of abuse is substantiated.
(4) If a person makes a claim of self-defense during an
investigation of a report of abuse and the allegation is found to
be substantiated, the person may ask the Director of Human
Services { + or the Director of the Oregon Health Authority + }
to review the finding. The director shall appoint a review team
to conduct the review and make a recommendation to the director
under procedures adopted by the director by rule.
(5) As used in this section, 'self-defense' means the use of
physical force upon another person in self-defense or to defend a
third person.
SECTION 12. ORS 443.875 is amended to read:
443.875. (1) If the Department of Human Services or the Oregon
Health Authority substantiates an allegation of abuse that
occurred in a facility, the department or { + the + } authority
shall immediately notify the facility of its findings.
(2) Upon receipt of the notice described in subsection (1) of
this section, a facility shall provide written notice of the
findings to the individual found to have committed abuse,
residents of the facility, the residents' case managers and the
residents' guardians.
(3) An application for employment at a facility must inquire
whether the applicant has been found to have committed abuse.
(4) As used in this section:
(a) 'Abuse' { - has the meaning given that term - } { +
means the acts and failures to act described + } in ORS
430.735 { + (1) + }.
(b) 'Facility' means:
(A) A residential facility as defined in ORS 443.400; or
(B) An adult foster home as defined in ORS 443.705.
SECTION 13. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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