MANDATORY REPORTING

09/01/2015

Purpose of mandatory reports

Mandatory reporting is intended to protect those who cannot protect themselves.

Mentally Ill persons (ORS 430.765)

Developmentally Disabled persons (ORS 430.765)

Seniors (ORS 124.005-124.040)

Children (ORS 419B.005-419B.017)

Adult patients with non-accidental injuries (ORS 146.750 2012) Applies to RN, LPN, MD

Mandatory Reporting

All Marion County Health Department staff (paid & non-paid) are mandatory reporters by Oregon Law

You must make a report if while in your official capacity, you come into contact with an adult (or abuser of person) who is mentally ill, or developmentally disabled and you reasonably believe abuse has occurred

You must make mandatory report if you examine a patient with non-accidental, serious physical injury or injury caused by a weapon

Mandatory reporting for children and seniors (65 or older) is a 24-7 responsibility

A report is a request for assessment into the safety and condition of a vulnerable person based on a reasonable concern

Failure to report may be subject to prosecution and possible fine

Definitions of Abuse For Mentally Ill or Developmentally Disabled (18+)

Abandonment Physical injury caused by other than accidental means Willful infliction of physical pain or injury Sexual abuse Neglect Verbal abuse Financial exploitation Involuntary seclusion A wrongful use of a physical or chemical restraint An act that constitutes a crime (rape, sodomy, etc.) Any death caused by other than accidental or natural means

Reporting Suspected AbuseMentally Ill

If you, while in your official capacity, suspect abuse of a mental health client (18+):

Report the suspected abuse immediately to: MH Abuse Report Line at 503- 763-5711

AND Your supervisor (if reporting suspected abuse of a

MCHD client)

If a client, document the report in the client record

Definitions of Abuse for Seniors (65)

Physical injury by other than accidental means or that does not match explanation

Neglect Abandonment Willful infliction of physical pain

or injury An act constituting a crime

such as rape, sodomy, unlawful sexual penetration,

Verbal abuse Non-consensual sexual

contact Financial exploitation Involuntary seclusion Wrongful use of a physical

or chemical restraint

Reporting Suspected Abuse

Seniors and Developmentally Disabled

If you, while in your official capacity, suspect abuse of a senior or person with developmental disabilities:

Report the suspected abuse immediately to: DD Abuse Report Line at 503-763-5711

OR Seniors and Persons with Disabilities (Seniors) at 503-304-3400

AND Your supervisor (if reporting suspected abuse of a

MCHD client)

If a client, document the report in the client record

Definitions of Child Abuse (Unmarried under 18)

Assault Physical injury which has

been caused by other than accidental means

Mental injury Rape, sodomy, unlawful

sexual penetration and incest Sexual abuse Sexual exploitation Contributing to the sexual

delinquency of a minor Allowing, permitting,

encouraging or hiring a child to engage in prostitution

Negligent treatment or maltreatment

Threatened harm Buying or selling a person

under 18 years of age Permitting a child to enter or

remain in or upon premises where methamphetamines are being manufactured

Unlawful exposure to a controlled substance

ORS 419B.005-419B.950

Child Abuse Physical

Assault Injury which has been caused by other than

accidental means Includes injury which doesn’t appear to match

the explanation provided

Child Abuse Mental Injury

Rejecting, abandoning or extensive ridiculing Terrorizing with threats of extreme punishment against

child’s pets or possessions Ignoring a child over time by refusing to talk or show

interest in their daily activities Isolating a child by teaching to avoid social contact

beyond parent-child relationship Corrupting by teaching inappropriate aggressive, sexual

or substance abuse behavior Exposing child to violence

Child AbuseSexual

When a person uses, or attempts to use, a child for their own sexual gratification Incest Rape Sodomy Unlawful sexual penetration Fondling Voyeurism Sexual harassment

ORS 419.B005 C-D; ORS 163

Child AbuseSexual Exploitation

Using children in a sexually explicit way for personal gain

Using children in prostitution Using children to create child pornography Allowing, or encouraging child to patronize a

prostitute Contributing to the sexual delinquency of a

minor, including when the minor’s sexual partner is 18 years or older

(ORS 163)

Child AbuseSexual activity of a minor must be reported

Under Oregon reporting law, minor may not consent so sexual activity must be reported

A report is not a conclusion that abuse has occurred Sexual activity may indicate there is sexual abuse You should disclose any of the following factors for

reviewer’s consideration: Force was used Drug/alcohol use Power differential Age difference (3+ years) Impaired mentally or emotionally Coercion or intimidation Minor’s partner is 18 or older

Child AbuseNeglect

Failure to provide: Adequate food, clothing, shelter, Supervision and guidance to protect the child

from physical or mental harm Medical, dental or mental health care Exposing a child to illegal activities such as

drug sales/manufacturing, theft, parental drug abuse (ORS 163.547)

Encouraging a child to use drugs or alcohol

Child AbuseNeglect (continued)

Leaving a child alone in a position of authority beyond his ability to handle Each child must be looked at individually to

make sure he or she is physically and emotionally able to handle the given responsibility

The law does not specify the age at which a child can be left alone. However, a child younger than age 10 cannot be left unattended for such a period of time as may likely endanger the child’s health or welfare

(ORS 163.545).

Child AbuseThreat Of Harm

Putting child in situations that pose a significantrisk to their health or welfare For example:

Living with, or cared for, by person with prior conviction of child abuse or neglect

Living with a person involved in child pornography

Caregiver behaviors that may endanger the child (substance abuse, mental health or physical problems)

Child AbuseThreat Of Harm (continued)

A report should be made when there is current domesticviolence or the alleged abuser has a history of domesticviolence; and: There is a reason to believe the child has, or will, intervene

in a violent situation The child is likely to be harmed during the violence The alleged abuser is not allowing the adult caregiver and

child access to basic needs, impacting their health or safety The alleged abuser has killed, inflicted substantial harm, or

is making a believable threat to do so to others, including pets

Child is witnessing repeated or serious domestic violence

Child AbuseSelling or Trading

Buying, selling, or trading legal or physical custody of a child Does not apply to legitimate adoptions or

domestic relations planning

(ORS 163.537)

Good Faith Report

You do not have to prove that abuse occurred before making a report in good faith

You must simply have a reasonable belief that abuse has occurred

When in doubt, call the appropriate Child Welfare Agency or Law Enforcement Agency to seek a consultation

ORS 419.025

Immunity of Person Making Report In Good Faith (Children)

Anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report

(ORS 419B.025)

Reporting Suspected AbuseChildren

If you have reasonable cause to believe that: Any child you come in contact with has suffered abuse,

or Any person with whom you have contact with has

abused a child“Contact” is not just physical contact (phone, email, letter)You must make a “good faith” report immediately to:

Oregon Department of Human Services, Child Welfare at 503-378-6704

After hours and/or emergency reports, call law enforcement office or 911

Notify your supervisor (if MCHD client) Document the report in the client record (if MCHD client)

Reporting suspected child abuse is a 24/7 hour responsibility!

Non-accidental injuries- Adults (18+)

RN’s, LPN’s, MD’s are mandatory reporters Applies if a person examined by you has a non-

accidental injury that is: A serious physical injury (risk of death, serious

disfigurement, protracted health impairment), or A physical injury caused by a knife, gun or other

dangerous weapon

ORS 146.750 2012

Reporting Suspected Non-Accidental Injuries In Adults (18+)If you suspect a patient under your care has a non-accidental injury that is serious or caused by a weapon, you must make a verbal report to law enforcement immediately:

Within city limits – Report to city police Outside city limits – Report to Marion Co. Sheriff at (503) 588-5032

AND Your supervisor (if involves MCHD client) If a client, document the report in the client record In consultation with supervisor, submit a written follow-up report to

law enforcement ASAP

See guidance posted on MCHD Policy & Procedure page for more information http://intra.co.marion.or.us/Dept/HLT/policy.htm

ORS 146.750 2012

Contact Numbers for Mandatory Abuse Reporting

CHILDREN (Age 0-18)

Oregon Department of Human Services (Child Welfare)

503-378-6704

SENIORS (MC Clients 65+)

Senior and Disabled Services Division

503-304-3400 or

1-800 846-9165

Mentally Ill (MC Clients 18+)

MH Adult Abuse Report Line503-763-5711

or503-576-4532

Developmentally Disabled (MC Clients 18+)

DD Adult Abuse Report Line503-763-5711

or503-576-4532

Non-Accidental Injury(MC Patients/Clients 18+)

Call City Police or

for Rural Areas call MC Sheriff503-588-5032

Mandatory ReportingResponsibility

Children – 24/7 Mentally Ill, Seniors, Developmentally Disabled, Non-Accidental Injuries – When in official capacity

Conclusion

This Mandatory Reporting training was updated and reviewed by the Marion County Legal Department in October 2013. If you have questions about information presented in this training, or need clarification of your mandatory reporting responsibilities, please contact your supervisor.

References

“What you can do about child abuse”, DHS 9061. Oregon Dept of Human Services. Revised 10/2012 https://apps.state.or.us/Forms/Served/de9061.pdf

Quiz time

You have completed Mandatory Reporting Training.

To complete this training and receive credit, you must pass the quiz with 100%.

Please click here and then click on ‘Health Dept

Mandatory Reporting Quiz’ to take the Mandatory

Reporting quiz.

Your results will be electronically submitted.