Laws & Rules

Many people are required by law to report elder abuse and neglect. This includes clergy, healthcare professionals and others. There is no mandatory reporting statute that addresses people with physical disabilities age 18- 64 unless they reside in a nursing home. However, the Department of Human Services and our partners investigate any reported abuse of people with a disability age 18 and over.

Protective Services
Authority to provide protective services is given in ORS 410.020(3)(d) "to protect the older citizen and/or disabled citizen from physical and mental abuse and from fraudulent practices."

Oregon administrative rule 411-020-000 through 0500 provides more specific direction and requires a response by the end of the next working day when not otherwise specified in statute.

Residential Facilities
For individuals living in residential facilities Oregon law provides authorization to the department to investigate complaints alleging abuse or violation of Oregon administrative rules for each type of facility. Oregon law also authorizes inspections of such facilities for purposes of licensing or registration. This includes:

• Adult Foster Homes: ORS 443.767
• Residential Care Facilities: ORS 443.435
• Assisted Living Facilities: ORS 443.435
• Nursing Facilities: ORS 441.635
• Room and Board Facilities: ORS 443.500

*Also see mandatory reporting