Oregon Administrative Code

419-100-0090 Notifications at the Conclusion of an Investigation (1) After an abuse determination is made and the abuse investigation report has been approved to close, OTIS shall make and document the notifications described in this rule. OTIS shall notify the AP as provided in …

419-100-0100 Disclosure of the Abuse Investigation and Protective Services Report and Related Documents (1) Portions of the abuse investigation and protective services report and underlying investigatory documents are confidential and are not available for public inspection. (a) …

419-100-0110 Department Investigation of Alleged Abuse (1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CDDP to investigate the alleged abuse or in addition to the investigation by the CDDP. Under such circumstances, the CDDP sha…

419-100-0120 County Multidisciplinary Teams (1) The CDDP shall participate in its county Multidisciplinary Team (MDT) to coordinate and collaborate on protective services for the abuse of adults with developmental disabilities or mental illness or both. (2) All confidential infor…

419-105-0000 Death Reporting Reviews for Adults in Developmental Disabilities Services (1) Effective November 1, 2019, Developmental Disabilities (DD) case management entities for adults enrolled in community developmental disabilities programs or support service brokerages are r…

419-110-0000 Purpose and Scope (1) Effective 07/01/2019, these rules, OAR chapter 419, division 110, prescribe the standards and procedures for the investigation of reported abuse, and the assessment for and provision of protective services for adults: (a) With a severe and persi…

419-110-0010 Definitions In addition to the definitions in ORS 430.735, the following terms are defined as used in OAR chapter 419, division 110. (1) “Abuse” means as defined in ORS 430.735. (2) “Abuse Investigation and Protective Services Report” means a written report completed…

419-110-0020 Training for Individuals Investigating Reports of Alleged Abuse (1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged …

419-110-0030 Initial Action on Complaints of Alleged Abuse (1) OTIS or CMHP receiving a complaint alleging abuse shall document the reported information required by ORS 430.743 and any additional information reported. OTIS or CMHP shall attempt to elicit the following information…

419-110-0040 Screening Activities and Initial Notices (1) Screening is the process used by an investigator to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abu…

419-110-0050 Assessment for and Provision of Protective Services to the Adult (1) The investigator shall ensure that appropriate and necessary adult protective services are offered to prevent further abuse. Any protective services provided shall be undertaken in a manner that is …

419-110-0060 Death Reporting (1) If the investigator reported a death to the medical examiner in cases where there was reasonable cause to believe that an adult has died as a result of abuse, an abuse investigation shall be immediately opened. Notifications shall occur in the sam…

419-110-0070 Investigation of Alleged Abuse (1) Investigation of alleged abuse shall be thorough and unbiased. (a) CMHP may not investigate allegations of abuse made against employees of the same CMHP. (b) Investigations of CMHP staff shall be conducted by OTIS or another CMHP no…

419-110-0080 Abuse Investigation Report (1) The investigator is required to follow the abuse investigation and protective services assessment report formats provided by OTIS. (2) Within 55 calendar days of receiving the complaint alleging abuse, a completed abuse investigation re…

419-110-0090 Notification of Outcome (1) After an abuse investigation report has been approved to close under OAR 419-110-0080, OTIS shall notify the AP of the outcome as provided in this section. (a) OTIS shall provide a written notice of outcome to the AP for allegations determ…

419-110-0100 Disclosure of the Abuse Investigation Report (1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection. (a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the a…

419-110-0110 Department Investigation of Alleged Abuse (1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CMHP to investigate the alleged abuse or in addition to the investigation by the CMHP. Under such circumstances, the CMHP sha…

419-110-0120 County Multidisciplinary Teams (1) The CMHP shall participate in its county Multidisciplinary Team (MDT) to coordinate and collaborate on protective services for the abuse of adults with developmental disabilities or mental illness or both. (2) All confidential infor…

419-120-0000 Purpose and Scope (1) The purpose of these rules, OAR chapter 419, division 120, is to establish the procedures for reporting, investigating and resolving allegations of patient abuse in the Oregon State Hospitals. (2) The Department’s Office of Training, Investigati…

419-120-0010 Definitions As used in OAR chapter 419, division 120, the following definitions apply: (1) “Abuse” means as defined in ORS 430.735. (2) “Abuse Investigation and Protective Services Report” means a written report completed under these rules (OAR chapter 419, division …

419-120-0020 Training for Individuals Investigating Reports of Alleged Abuse (1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged …

419-120-0030 Initial Action on Complaints of Alleged Abuse (1) State hospital staff are required to immediately report alleged abuse of patients to: (a) The Department’s OTIS either by phone or in writing; and (b) The OSH Superintendent or their designee. (2) Upon receiving a com…

419-120-0040 Screening Activities and Initial Notice (1) Screening is the trained process used to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of a pati…

419-120-0050 Assessment for and Provision of Protective Services for Patients (1) Upon receipt of a mandatory report of alleged abuse, OTIS shall contact OSH to begin assessing needed or provided protective services, in collaboration with OSH. (a) An attempt at direct contact wit…

419-120-0060 Investigation by the Department’s Office of Training, Investigations and Safety (1) Investigation of allegations of abuse shall be thorough and unbiased by a trained OTIS investigator. OSH must provide the investigator access to employees, patients and the premises f…

419-120-0070 Abuse Investigation and Protective Services Report (1) OTIS shall provide a completed abuse investigation and protective services report within 60 calendar days to ODHS│OHA Human Resources and OSH Superintendent. (a) In cases where the investigator cannot complete an…

419-120-0080 Notifications at the Conclusion of an Investigation (1) After an abuse determination is made and the abuse investigation report has been approved to close, OTIS must make and document the notifications described in this rule. (2) OTIS must notify the AP as provided i…

419-120-0090 Disclosure of Investigation Report and Related Documents (1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection. (a) Pursuant to ORS 430.763, names of abuse reporters, witness…

419-130-0000 Purpose and Scope (1) Effective January 1, 2020, OAR chapter 419, division 130 establishes the Oregon Department of Human Services (ODHS) Office of Training, Investigations and Safety (OTIS) rules for investigating and assessing the provision of protective services r…

419-130-0010 Definitions In addition to the definitions in ORS 430.735, the following terms are defined as used in these rules, OAR chapter 419, division 130. (1) “Abuse” means as defined in ORS 430.735. (2) “Abuse Investigation and Protective Services Report” means a written rep…

419-130-0020 Training for OTIS Investigators and Abuse Reviewers (1) OTIS shall provide sufficient and timely training and consultation to ensure that OTIS investigators and abuse reviewers are able to conduct a thorough and unbiased investigation to make a determination about th…

419-130-0030 Initial Action on Complaints of Alleged Abuse (1) Upon receipt of a complaint alleging abuse, OTIS shall document the reported information as required by ORS 430.743 and any additional information reported. (a) OTIS shall attempt to elicit the following information f…

419-130-0040 Screening Activities and Initial Notice (1) Screening is the process used to gather and assess information to determine the responses and whether the conduct described in the complaint meets the definition of abuse and there is reasonable cause to believe the alleged…

419-130-0050 Assessment for and Provision of Protective Services for Residents (1) Upon the initial receipt of a complaint or report of alleged abuse, OTIS shall contact the assigned BHD specialist to begin assessing needed or provided protective services, and any needed collabor…

419-130-0060 Investigation (1) Investigation of abuse allegations shall be thorough, unbiased and conducted by a trained OTIS investigator. (a) Community programs and SUD facilities must provide the investigator access to employees and the premises for investigation purposes. (b)…

419-130-0070 Abuse Investigation and Protective Services Report (1) OTIS shall provide BHD Licensing with a completed abuse investigation and protective services assessment report within 60 calendar days of receiving the complaint alleging abuse. (2) In cases where the investigat…

419-130-0080 Notifications at the Conclusion of an Investigation (1) After an abuse determination is made and the investigation report has been approved to close, OTIS shall make and document the notifications described in this rule. (2) When an allegation is determined to be not…

419-130-0090 Administrative Review Process for Substantiated Findings (1) The OTIS reviewer shall review the completed abuse investigation report; and records collected as part of the investigation. (2) The OTIS reviewer shall interview the AP if requested and the AP may have leg…

419-130-0100 Issuing Final Orders (1) OTIS shall issue written Final Orders to the AP for all substantiated allegations of abuse investigated under ORS 430.735 to 430.765. (2) All Final Orders shall be signed by the OTIS director as authorized by the Department Director. (3) The …

419-130-0110 Disclosure of Investigation Report and Related Documents (1) The abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection. (2) OTIS shall inform BHD Licensing of notifications to other health care …

419-200-0000 Purpose The purpose of these rules, OAR chapter 419, division 200, is to describe the contested case hearings and OTIS’s ability to have lay representation on “Founded” or “Substantiated” child abuse determinations made by OTIS in chapter 419, divisions 210 through 2…

419-200-0010 Contested Case Hearings (1) This rule applies to contested case hearings on “Founded” child abuse determinations made by OTIS under OAR 419-210-0170, OAR 419-220-0170, OAR 419-230-0170, OAR 419-230-0173 or OAR 419-240-0170. (2) Contested case proceedings under this r…

419-200-0020 Lay Representation (1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of OTIS in a contested case hearing conducted by the Office of Administrative Hearings under OAR 419-200-0010. (2) A Dep…

419-210-0100 Purpose The Department receives reports of abuse of children and screens them to determine the response required under ORS chapters 418 and 419B. The purpose of these rules, OAR chapter 419, division 210, is to describe: (1) The circumstances under which the Office o…

419-210-0110 Definitions Unless the context indicates otherwise, the following definitions apply to these rules OAR chapter 419, division 210: (1) "Abuse" has the same meaning as defined in ORS 418.257 and ORS 419B.005. (See OAR 419-210-0170(2) and (3)) (2) "Abuse determination" …

419-210-0120 Screening Activities (1) This rule describes the screening activities that an OTIS investigator must complete within three business days when a report is determined to be the responsibility of OTIS as provided in OAR chapter 413, division 015. (2) Gather information.…

419-210-0130 Determining Response (1) Based on information gathered in OAR 419-210-0120, an OTIS investigator must determine the OTIS response, which must be one of the following: (a) An investigation is required under section (2) of this rule. (b) An investigation is not require…

419-210-0140 Notifications at the Conclusion of Screening The OTIS investigator is responsible for making the following notifications when a report is assigned for investigation or closed at screening: (1) Cross-report to local law enforcement agency as required in ORS 419B.015 b…

419-210-0150 Investigating Reports of Abuse An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation: (1) The OTIS investigator must contact the responsible law enforcement agency, if applicab…

419-210-0156 Investigating Reports of Wrongful Restraint or Involuntary Seclusion When investigating an allegation of wrongful restraint or involuntary seclusion, the investigator must: (1) Review all relevant incident reports related to the child-in-care and other reports relate…