Oregon Law
Law as of Jan 1, 2024
Chapter contents
124.005Definitions for ORS 124.005 to 124.040 124.010Petition for relief; time limitation; information to be provided petitioner; exception 124.012Filing of petitions; where contempt proceedings must be conducted 124.015Hearing upon request of respondent; relief; settlement; effect of proceedings 124.020Ex parte hearing; required findings; judicial relief; forms; request by respondent for hearing 124.022Service of restraining order by sheriff; transmission by electronic communication device 124.024Notice to be given by guardian petitioner 124.025Removal of personal effects; accompanying peace officer; limitation on liability 124.030Proof of service of restraining order to be delivered to sheriff; entry in LEDS; expiration of restraining order; release of respondent pending hearing 124.035Renewal of restraining order 124.040Short title 124.050Definitions for ORS 124.050 to 124.095 124.055Policy 124.060Duty of officials to report; exceptions 124.065Method of reporting; content; notice to law enforcement agency and to department 124.070Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney 124.071Deadline to complete abuse investigation; exception; written report required 124.072Required disclosure of protected health information to law enforcement agency; liability for disclosure 124.073Training for abuse investigators 124.075Immunity of person making report in good faith; identity confidential 124.077Immunity for disclosure to prospective employer 124.080Photographing of victim; photograph as record 124.085Catalog of abuse records; confidentiality 124.087Policies and guidelines to plan for development and standardization of certain resources and technologies 124.088Certain privileges not grounds for excluding evidence in court proceedings 124.090Confidentiality of records; exceptions 124.095Spiritual treatment not abuse 124.100Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; notice to Attorney General 124.105Physical abuse subject to action 124.110Financial abuse subject to action 124.115Persons not subject to action 124.120Relief available 124.125Action by Attorney General, Department of Human Services, other agency or district attorney; investigative demands 124.130Statute of limitation 124.135Remedies not exclusive 124.140Estoppel based on criminal conviction 124.990Criminal penalty

Chapter 124 — Abuse Prevention and Reporting; Civil Action for Abuse

ORS 124.088 Certain privileges not grounds for excluding evidence in court proceedings

(1)

In the case of abuse of an elderly person, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an elderly person’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 124.050 to 124.095.

(2)

In any judicial proceedings resulting from a report made pursuant to ORS 124.050

to 124.095, either spouse shall be a competent and compellable witness against the other.

(3)

As used in this section, “abuse” and “elderly person” have the meanings given those terms in ORS 124.050.

Note: 124.088 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter 124 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.