Claims of self-defense addressed in certain reports of abuse
- • review teams
- • rules
(1) When the Department of Human Services investigates a report of abuse under ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) at a residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) that is operated by the department or a report of abuse at a state hospital described in ORS 426.010 (State hospitals for persons with mental illness), the department 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 shall make a finding that the allegation of abuse is unsubstantiated if the department 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 by rule.
(3) Notwithstanding ORS 179.505 (Disclosure of written accounts by health care services provider), the department 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 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. [2005 c.660 §1]
Note: 430.768 (Claims of self-defense addressed in certain reports of abuse) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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