There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 3, Chapters 90 - 130
ORS Chapter 124
- 124.005 Definitions for ORS 124.005 to 124.040.
- 124.010 Petition for relief; time limitation; information to be provided petitioner; exception.
- 124.012 Filing of petitions; where contempt proceedings must be conducted.
- 124.015 Hearing upon request of respondent; relief; settlement; effect of proceedings.
- 124.020 Ex parte hearing; required findings; judicial relief; forms; request by respondent for hearing.
- 124.022 Service of restraining order by sheriff; transmission by electronic communication device.
- 124.024 Notice to be given by guardian petitioner.
- 124.025 Removal of personal effects; accompanying peace officer; limitation on liability.
- 124.030 Proof of service of restraining order to be delivered to sheriff; entry in LEDS; expiration of restraining order; release of respondent pending hearing.
- 124.035 Renewal of restraining order.
- 124.040 Short title.
- 124.050 Definitions for ORS 124.050 to 124.095.
- 124.055 Policy.
- 124.060 Duty of officials to report; exception.
- 124.065 Method of reporting; content; notice to law enforcement agency and to department.
- Note: The amendments to 124.065 by section 11, chapter 837, Oregon Laws 2009, become operative July 1, 2015. See section 41, chapter 837, Oregon Laws 2009. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 124.065. (1) When a report is required under ORS 124.060, an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator. (2) When a report of a possible crime is received by the department under ORS 124.060, the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance. (3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification. (4) 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 local office of the department in the county where the report was made.
- 124.070 Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney.
- Note: The amendments to 124.070 by section 13, chapter 837, Oregon Laws 2009, become operative July 1, 2015. See section 41, chapter 837, Oregon Laws 2009. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 124.070. (1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility. (2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed. (3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department: (a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation; (b) That the investigative findings have been given to the district attorney for review; or (c) That a criminal investigation will take place. (4) If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department 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. (5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination.
- 124.075 Immunity of person making report in good faith; identity confidential.
- 124.077 Immunity for disclosure to prospective employer.
- Note: 124.077 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 124.080 Photographing of victim; photograph as record.
- 124.085 Catalog of abuse records; confidentiality.
- 124.090 Confidentiality of records; exceptions.
- 124.095 Spiritual treatment not abuse.
- 124.100 Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; service on Attorney General.
- 124.105 Physical abuse subject to action.
- 124.110 Financial abuse subject to action.
- 124.115 Persons not subject to action.
- 124.120 Relief available.
- 124.125 Action by Attorney General, Department of Human Services or district attorney; investigative demands.
- 124.130 Statute of limitation.
- 124.135 Remedies not exclusive.
- 124.140 Estoppel based on criminal conviction.
- 124.990 Criminal penalty.
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