Administrative Policy #3.22 - Mandatory Reporting and Abuse Prevention

Purpose

This Policy creates the framework for protecting certain at-risk populations and to meet the legal requirement for reporting suspected abuse to the proper authorities. City of Corvallis employees are expected to be a part of a community that helps protect children, elders, the developmentally disabled, and the mentally ill from abuse and the risk of abuse.  All City employees are "mandatory reporters" and have the legal responsibility to report suspected abuse. City employees who have reasonable cause to believe that a child, elderly person, developmentally disabled person, or mentally ill person has suffered abuse or is at risk for abuse must report the suspected abuse to the proper authorities.

Policy

It is the policy of the City of Corvallis to help protect from abuse children and certain at-risk adults living in or visiting the City.  The City will provide training for employees to recognize the warning signs of abuse so they are able to identify and report it.  The City will establish clear procedures and provide training to ensure employees understand their responsibilities for reporting suspected abuse or neglect, and the City will maintain a workplace where employees receive the support they need to create a safe place for everyone to enjoy services and programs.

Goals

The goals of this Policy are as follows:

a.   Explain the legal requirements for mandatory reporting of abuse and the consequences for not complying.

b.   Establish the City's expectations for mandatory reporters to ensure timely and appropriate reporting of potential abuse.

c.   Provide clear guidance and training to help all City employees identify the signs of abuse.

d.   Design specific steps for employees to follow when they suspect instances of abuse.

We will know we have achieved our goals when the following outcomes are seen:  employees understand and follow the steps for reporting instances of suspected abuse and appropriately document the incidents in a timely manner.

Procedures

c.   The City requires all employees to report suspected abuse to the Department of Human Services (DHS) or law enforcement.

d.   City employees must report all suspected child abuse, including abuse observed or identified while on or off duty.  Mandatory reporting of child abuse is not confined to the time one is on official duty for the City.  Mandatory reporting of child abuse is a 24-hour-per-day, seven-days-per-week requirement.

e.   City employees must report suspected elder abuse and the abuse of the developmentally disabled and mentally ill observed or identified while performing official duties.  Oregon law does not require that City employees report the abuse of adults outside the course of their duties.

f.    City employees must follow department guidelines for reporting suspected abuse to DHS or law enforcement.

Anyone acting in good faith in making a report of abuse and who has reasonable ground for the making of the report shall have immunity from any liability, civil or criminal, that might otherwise be incurred.

Responsibilities

Employees

Follow this Policy, procedure, and associated guidance for reporting observed or suspected abuse.

a.   On-Duty:

If, in the course of his or her duties, a City employee suspects a child, elderly person, developmentally disabled person, or mentally ill person is being abused or if such abuse is reported to the employee, the employee must follow these steps

1.   Gather as much information as possible about the situation.  Interviewing the person should be left to trained professionals; however, if possible identify:

• name and address of the targeted party;
• names and addresses of the parents of the child or other persons responsible for the care of the targeted party;
• the targeted party's age;
• the nature and extent of the abuse, including any evidence of previous abuse;
• the explanation given for the abuse; and
• any other information that the person making the report believes would be helpful in establishing the cause of the abuse and the identity of the perpetrator.

2.   Promptly make an oral report by telephone or otherwise to the local DHS office.

• For child abuse, call the DHS Child Abuse Reporting Number 855-503-7233 (24/7 reporting)
• For elder abuse, contact the Oregon Cascades West Council of Governments – 541-924-8418 or 503-945-9495.
• For developmentally disabled adults, contact Benton County Developmental Disabilities – 541-766-6847.
• For mentally ill adults, contact DHS Office of Investigations and Training – 855-503-7233
• If after hours, the report may be made to local law enforcement by dialing 9-1-1.  Provide DHS or law enforcement with all the information you were able to gather.  Do not take physical custody of the person or physically intervene in a situation.  Immediately notify law enforcement if you observe abuse and/or believe that your safety or the safety of others is at risk.  Even if the abuse is not currently occurring, contact DHS or law enforcement.

3.   Notify your immediate supervisor as soon as possible after making the report to DHS or law enforcement.

4.   Promptly document the report using a City Suspected Abuse Reporting Form.  Note the information given to DHS and/or law enforcement and indicate the date and time of reporting.

5.   Sworn officers in the Police Department must follow Corvallis Police Department procedures, whether on or off duty.

b.   Off-Duty:

When outside the course of official duties, a City employee suspects a child is being abused or abuse of a child is reported to the employee, the employee is legally responsible for promptly notifying authorities.  The law does not require that City employees report the abuse of adults outside the course of their official duties.

When not on official City duty, it is not necessary to notify City staff or supervisors when reporting suspected child abuse incidents.  Sworn officers in the Police Department must follow Corvallis Police Department procedures, whether on or off duty.

Management

Educate employees about their responsibilities.  Follow this Policy, procedures, and associated guidance for reporting instances of observed or suspected abuse.

If an employee has made a report of suspected abuse, supervisors must do the following:

1.   Take appropriate steps to ensure employees are safe beyond the reporting and notify local law enforcement if an emergency situation exists.

2.   Notify the Department Director.

c.   Collect all information about the report, including documentation, forms, witness statements, and staff reports.

d.   Submit all reports and statements to Human Resources the same day the suspected abuse is reported or the next business day.

e.   Periodically confirm the contact information for the local DHS offices to ensure that staff members have access to the correct reporting information.

f.    Ensure that all staff members understand their roles and responsibilities as mandatory reporters by completing training during new employee orientation.

Human Resources

Review and provide feedback on this Policy and its revisions.  Ensure training is developed and delivered and that the Policy is monitored and reviewed.  Retain documentation of all reports and statements.

Failure to comply with this Policy may be cause for disciplinary action, up to and including termination.  Failure of a mandatory reporter to report suspected abuse is a Class A violation and can be prosecuted up to 18 months after the offense, as stated in ORS 419B.010 and ORS 124.990.

Definitions

Abuse of an Adult:  Oregon law recognizes the following types of abuse of the elderly, developmentally disabled, and the mentally ill:

• Physical Abuse
• Neglect
• Self-Neglect
• Abandonment
• Verbal or emotional abuse
• Financial exploitation
• Sexual abuse
• Involuntary seclusion
• Wrongful restraint

Child:  An unmarried person who is under 18 years of age.

Child Abuse:  Harming a child through physical, emotional, sexual, or other forms of mistreatment as described in Oregon Revised Statutes (ORS) 419B.005 and detailed as follows:

a.   Any assault, as defined in ORS Chapter 163, of a child and any physical injury to a child that has been caused by other than accidental means.

b.   Any mental injury to a child that shall include only observable and substantial impairment of the child's mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.

c.   Rape of a child that includes, but is not limited to, rape, sodomy, unlawful sexual penetration, and incest, as those acts are described in ORS Chapter 163.

d.   Negligent treatment or maltreatment of a child, including, but not limited to, the failure to provide adequate food, clothing, and shelter or medical care that is likely to endanger the health or welfare of the child.

e.   Threatened harm to a child that means subjecting a child to substantial risk of harm to the child's health or welfare.

f.    Buying or selling a person less than 18 years of age as described in ORS 163.537.

g.   Permitting a person less than 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured.

h.   Unlawful exposure to controlled substances, as defined in ORS 475.005, that subjects a child to a substantial risk of harm to the child's health or safety.

i.    Committing animal abuse in the presence of a minor child.

Developmentally Disabled Person:  An individual who has a developmental disability and is currently receiving services from a community program or facility or was previously determined eligible for services by a community program or facility.

Elderly Person:  Any person 65 years of age or older.

Employee:  Paid staff and interns of the City of Corvallis.

Law Enforcement:  Oregon State Police, City of Corvallis Police, or Benton County Sheriff with jurisdiction to respond to crimes on or near City property.

Mandatory Reporter:  A person required by law to report suspected abuse to the proper authorities.  All City employees are public officials and are, therefore, mandatory reporters.

Mentally Ill Person:  An individual who has a mental illness and is receiving services from a community program or facility.

Review/Update

The Human Resources Director will update this Administrative Policy as needed and submit to City Manager for review and approval.

Last reviewed: 09-2024

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