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Definitions of abuse The types of abuse of people with developmental disabilities who are 18 years of age or older and receive services include the following:
Death: caused by other than accidental or natural means or occurring in unusual circumstances.
Physical abuse: any physical pain or injury inflicted upon an adult with developmental disability or that appears to be at variance with the explanation given.
Sexual abuse: Sexual harassment or exploitation including, but not limited to, any sexual contact between an employee of a community facility or community program, or provider, or other caregiver and the adult. For situations other than those involving an employee, provider, or other caregiver and an adult, sexual harassment or exploitation means unwelcome verbal or physical sexual contact including requests for sexual favors and other verbal or physical conduct directed toward the adult.
If a person with developmental disabilities receives services from a community developmental disability program and lives in a licensed residential facility or certified vocational program, additional types of abuse are defined. They include:
Failure to act/neglect that leads to or is in imminent danger of causing physical injury, through negligent omission, treatment, or maltreatment of an adult, including but not limited to failure by a provider or staff to provide an adult with adequate food, clothing, shelter, medical care, supervision, or through condoning or permitting abuse of an adult by any other person. However, no person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment through prayer alone in lieu of medical treatment;
Verbal mistreatment by subjecting an adult to the use of derogatory names, phrases, profanity, ridicule, harassment, coercion or intimidation and threatening injury or withholding of services or supports, including implied or direct threat of termination of services;
Restrictions on a resident's freedom of movement by seclusion in a locked room under any condition. Restriction to an area of the residence or restricting access to ordinarily accessible areas of the residence is not allowed, unless arranged for and agreed to on the Individual's Support Plan or Personal Care Plan;
Using physical restraints without a written physician's order, or as part of an Individual Support Plan, unless a resident's actions present an imminent danger to himself/herself or others, and only until appropriate action is taken by medical, emergency, or police personnel;
Financial exploitation which may include, but is not limited to, unauthorized rate increases, staff borrowing from or loaning money to residents, witnessing wills in which the caregiver is beneficiary, adding caregiver's name to resident's bank accounts or other personal property without approval of the individual or his/her guardian and the ISP team or PCP; and
Inappropriately expending a resident's personal funds, theft of a resident's personal funds, using a resident's personal funds for staff's own benefit, commingling resident's funds with caregiver or other resident's funds, or the caregiver becoming guardian or conservator.
You'll find definitions of abuse or neglect of children with developmental disabilities in our child abuse section.
If a person with developmental disabilities lives at Eastern Oregon Training Center, abuse is defined in OAR 309-116-0000 through 309-116-0100 and includes physical abuse, verbal abuse, abuse by failure to act, sexual abuse and condoning abuse.
Also see: Child abuse reporting for children with developmental disabilities. Back to top
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