An Oregon Medicaid Agency Supporting Individuals with Intellectual and Developmental Disabilities

Section 5I



The Company does not permit any staff to subject a customer to abuse. The organization in no way condones any type of abuse by its employees or volunteers. Any employee found to have been engaged in abusive behavior toward customers will be subject to disciplinary action, including immediate for-cause termination. The Company and its employees may not interfere with an investigation of abuse or neglect. Employees may not retaliate against anyone who makes a good-faith report of suspected abuse, or against the person who was allegedly abused.

The Company follows all current abuse reporting procedures and definitions as defined in Oregon Revised Statutes (430.735). Incidents of abuse procedures are outlined under Unusual Incidents, Section 5F.

Mandatory Reporters

Employees are “mandatory reporters” under state law. That means they are required to report any instances of abuse of a person with developmental disabilities that they learn about or have reason to believe has occurred. The Company will notify all staff of their status as mandatory reporters annually. Employees will also be issued a card by DHS outlining their status as mandatory reporters.

Failing to report suspected abuse can result in disciplinary action, up to and including immediate for-cause termination. There will be no retaliation against any person who, in good faith, makes a report of abuse or neglect.

Reporting Abuse

An employee who has reasonable cause to believe that an adult with developmental disabilities has been abused should consult with their lead. The employee must immediately report the abuse to the local CDDP as well as local law enforcement as the person’s legal representative. The employee must also complete an Unusual Incident Report and notify their supervisor it is completed, within 24 hours of the abuse or knowledge of the suspected abuse to the individual’s CDDP. The Company’s billing and progress notes system has functionality for creating incident reports for customers and non-customers.

Investigations of Abuse

Investigations of suspected abuse are carried out by the DHS or the CDDP. During the time such an investigation is underway, the Company is restricted in the type and extent of investigation it can undertake. The Company will cooperate with all investigations.

The investigating agency will complete an Abuse Investigation and Protective Services Report that includes its findings. The sections of the report that are public record will be provided to the Company.

After those findings are received, the Company will conduct its own investigation, if needed, to determine if further personnel actions are necessary.

All requirements of the investigating agency will be followed by the Company.

Inspections and Investigations

The Company will participate and cooperate with any inspections and investigations conducted by DHS, CDDP, or any other proper authority. This includes quality assurance and on-site inspections, and investigations of complaints or abuse.

Written reports and records related to the Company’s work in providing support services to adults with developmental disabilities will be open to inspection by DHS, the CDDP and other proper authorities. Requests for documents from these entities will be fulfilled within the time allotted. If inspections or investigations find instances of non-compliance on the part of the Company, the Company will submit a plan of improvement to ODDS.

Restrictions on Company Investigations

When abuse has been alleged or a death of a customer has occurred and ODDS, the CDDP or a law enforcement agency begins an investigation, the Company is not allowed to conduct its own internal investigation without getting prior authorization from ODDS. Specifically, the Company will not conduct interviews with the alleged victim, witnesses, alleged perpetrator or anyone else with knowledge of the situation, and will not review evidence related to an abuse allegation other than the initial report.

The Company is allowed to take initial actions to determine:

  • If there is reasonable cause to believe abuse has occurred.
  • If the alleged victim is in danger or needs immediate protective services.
  • If there is reason to believe that a crime has been committed.
  • What, if any, immediate personnel-related actions should be taken.

When an investigation of abuse has been completed by ODDS, the CDDP, or a law-enforcement agency, the Company may then conduct its own investigation, without ODDS approval, to determine:

  • If additional personnel actions are necessary.
  • If changes to operating policies and procedures could potentially prevent a recurrence of the abuse incident.

Allegation and Substantiation of Abuse

When a reported allegation or incident of exploitation, neglect or abuse implicates an employee, the implicated employee may be placed on administrative leave or reassigned pending the outcome of an investigation by the CDDP or ODDS. Decisions about such leave will be made by the Executive Directors/Partners or other administrative staff if the Executive Directors/Partners are unavailable. All such sanctions shall be communicated to the employee in writing.

Duties of the implicated employee that involve the customer making the allegations may be reassigned to another employee pending the outcome of an investigation. Upon substantiation through investigation by the CDDP or DHS, an employee who is found to have neglected, abused, or exploited an individual supported by the Company will receive disciplinary action, up to and including for-cause termination.

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