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VIII.F Adult Protective Services (APS) Complaint Investigation Reports

ORS 410.020 (3)(d) provides that the Department shall protect the older citizen and disabled citizen from physical and mental abuse and from fraudulent practices. ORS 410.280 (4) requires that Type B agencies provide protective services within available resources.

 

Adult protective services as defined in411-020-0015 are available for:

• Adults aged 65 and older
• Adults aged 18 and older who have a physical disability
• Anyone living in a nursing facility when they are reported to be a victim of abuse.

Eligibility for protective services is not dependent on income or source of income.

The APS screening and referral process varies by branch office. All calls reporting potential abuse should be forwarded to APS Screening at the local office.

All Facility APS reports are completed on the SPD Web-based 723 Facility Report Writing System or other Department approved system. All APS Community reports are written in Oregon ACCESS or other Department approved systems.

 

Community APS Reports

Copies of the Community APS reports are filed under the reported victim's name and are stored at the local office in a secure confidential file. Community APS reports are confidential and cannot be released except under certain circumstances. Requests for Community APS reports should be referred to a supervisor.

 

Facility APS Reports

Copies of the Facility APS reports are routed as follows:

 

  • Nursing Facility (NF): Initial Status Report (ISR)

Note: NF is the only facility type with an ISR

One copy of the ISR (first page of the printed 723) is distributed as follows:

    • Central Office:
      Office of Licensing and Regulatory Oversight (OLRO)
      Human Services Building
      500 Summer St NE E-13
      Salem, OR 97301

    • Client Care Monitoring Unit (CCMU):
      Tualatin CCMU Office
      7740 SW Mohawk St
      Tualatin, OR 97501
      or faxed to Screening and Triage at 800-550-6788

    • Long Term Care Ombudsman's Office (LTCO)
      3855 Wolverine St NE #6
      Salem, OR 97305-1251

    • The Nursing Facility

    • The Resident/victim or designee

    • The Complainant

The original is maintained in the hard file at the local office.

  • Nursing Facility (NF) APS Report

Close the report on the web 723

Central Office is notified electronically when the report is closed. (Exception: Lane Co. will continue to mail paper copies).

 

Supporting documents and the original report are maintained in the hard file at the local office in a secure confidential file.

Once the Letter of Determination (LOD) or Notification of Findings (NOF) is received by the local office, the LOD or NOF and the public copy of the report is placed in the facility’s Public Disclosure File. The confidential report and LOD or NOF is maintained in a secure confidential file.

  • Adult Foster Home (AFH), Assisted Living Facility (ALF), and Resident Care Facility(RCF) APS reports:

Once complete, a public copy (no confidential witness page) of the DRAFT report is mailed from the local office as follows:

One public copy to the licensee or provider, with a letter to notify they have ten days to respond to the report, and

One public copy to the Complainant, with a letter to notify they have ten days to respond to the report.

Thirteen days after the letter is mailed, APS will add a statement to the Facility Action section in the DRAFT report to indicate:

  • No response was received by either party;
  • Response was received, but the information did not warrant modification of the original report; or
  • A response was received resulting in modification of the original report, and there was a change of conclusion.
  • If a response is received, a letter is sent by the local office to that party to acknowledge receipt of the letter.

Change of Conclusion:

If the conclusion is changed, the licensee/administrator and C are sent a 2nd copy of the DRAFT report with a letter to notify of the change and opportunity to review and respond within ten days.

If the conclusion does not change, the report is CLOSED on the Web 723 system which electronically transfers data and alerts the Corrective Action Coordinators that is ready to be processed.

Any response, from the licensee/provider or the complainant is kept in the hard file with the confidential report, and is redacted and maintained in the public disclosure file.

 

Corrective Action Amended Complaint Report Requests:

In some cases, Corrective Action or Office of Adult Abuse Prevention and Investigation (OAAPI) APS will request an APS Specialist amend a report. If the amendment does not involve a change of conclusion, the report is modified as requested, closed and the amendment is submitted electronically, through the Web 723. APS will notify the Corrective Action Coordinator that the amendment is complete, via e-mail.

 

If an amendment request includes a request for a change of conclusion, the request will be sent by an OAAPI APS program coordinators, and in AFH, ALF and RCF, the DRAFT amendment will be sent to the Complainant and licensee/provider, with the 10-day letter for response. Follow instructions above regarding a response or no response from the complainant or the licensee/provider. The amended report is then closed and the Corrective Action Coordinator is notified via e-mail.

 

Following Corrective Action review, a Letter of Determination (LOD) or a Notification of Findings (NOF) is distributed by Central Office with a copy of the report. This will be filed at the local office and a public copy will be placed in the public disclosure file maintained by the local office.