Oregon Administrative Code

419-210-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation or abuse determination under the following exceptions: (a) The report was assigned for investigation in error; or (b) The OTIS inv…

419-210-0170 Abuse Determination (1) Abuse Determination Requirements. (a) Except as provided in OAR 419-210-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation under OAR 419…

419-210-0180 Abuse Investigation Report (1) Timeline to Complete the Abuse Investigation Report. Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for superviso…

419-210-0190 Notifications at the Conclusion of an Investigation After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications: (1) OTIS must notify law enforcement of the abuse determination and…

419-210-0200 Confidentiality Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS …

419-220-0100 Purpose and Scope The Department receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 220, is to describe: (1) The circumstances under which the Office …

419-220-0110 Definitions Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 220: (1) "Abuse" has the same meaning as defined in ORS 419B.005 (see OAR 419-220-0170(2)). (2) "Abuse determination" means the determination…

419-220-0120 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.…

419-220-0130 Determining Response (1) Based on information gathered in OAR 419-220-0120, 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…

419-220-0140 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…

419-220-0150 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, as provided…

419-220-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation under the following exceptions: (a) The report was assigned for investigation in error; or (b) The OTIS investigator received info…

419-220-0170 Abuse Determination (1) Except as provided in OAR 419-220-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation under OAR 419-220-0130. (a) When making an abuse de…

419-220-0180 Abuse Investigation Report (1) Timeline to Complete the Abuse Investigation Report. (a) Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for super…

419-220-0190 Notifications at the Conclusion of an Investigation After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications: (1) OTIS must notify law enforcement of the abuse determination and…

419-220-0200 Confidentiality Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS …

419-230-0100 Purpose and Scope The Department of Human Services receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 230, is to describe: (1) The circumstances under…

419-230-0110 Definitions Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 230: (1) "Abuse" has the same meaning as defined in 419B.005. (See OAR 419-230-0170(2) and OAR 419-230-0173.) (2) "Abuse determination" means…

419-230-0120 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.…

419-230-0130 Determining Response (1) Based on information gathered in OAR 419-230-0120, 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…

419-230-0140 Notifications at the Conclusion of Screening The OTIS investigator is responsible for making the following notifications after a report has been determined to be assigned for investigation or closed at screening: (1) Cross-report to local law enforcement agency as re…

419-230-0150 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, as provided…

419-230-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation under the following exceptions: (a) The report was assigned for investigation in error; or (b) The OTIS investigator received info…

419-230-0170 Abuse Determination (1) Except as provided in OAR 419-230-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation under OAR 419-230-0130. (a) When making an abuse de…

419-230-0173 Abuse Determinations Involving Seclusion or Restraint For abuse determinations for incidents occurring on or after July 1, 2023 involving alleged abuse in the use of seclusion or restraint defined in OAR 419-230-0170. (1) When OTIS finds the reported abuse is founded…

419-230-0180 Abuse Investigation Report (1) Time Line to Complete the Abuse Investigation Report. (a) Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete an abuse investigation report and electronically submit the abuse…

419-230-0190 Notifications at the Conclusion of an Investigation After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the notifications described in this rule. (1) OTIS must notify law enforcement of the abuse dete…

419-230-0200 Confidentiality Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS …

419-240-0100 Purpose and Scope The Department receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 240, is to describe: (1) The circumstances under which the Office …

419-240-0110 Definitions Unless the context indicates otherwise, the following definitions apply to these rules, OAR chapter 419, division 240: (1) "Abuse" has the same meaning as defined in 419B.005 (see OAR 419-240-0160(2)). (2) "Abuse determination" means the determination OTI…

419-240-0120 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.…

419-240-0130 Determining OTIS Response for Third-Party Professionals (1) Based on information gathered in OAR 419-240-0120, 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, …

419-240-0135 Determining OTIS Response for Other Third-Party (1) Based on information gathered in OAR 419-240-0120, 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 i…

419-240-0140 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…

419-240-0150 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…

419-240-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation or abuse determination under the following exceptions: (a) The report was assigned for investigation in error; or (b) The OTIS inv…

419-240-0170 Abuse Determination (1) Abuse Determination Requirements. (a) Except as provided in OAR 419-240-0160 (Exception to Completing an Investigation), an abuse determination must be made for all reports of abuse that are determined to require an investigation. (b) When mak…

419-240-0180 Abuse Investigation Report (1) Timeline to Complete the Abuse Investigation Report. Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for superviso…

419-240-0190 Notifications and Report Distribution After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications: (1) OTIS must notify law enforcement of the abuse determination and may provide a…

419-240-0200 Confidentiality Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS …

419-300-0000 Purpose The purpose of OAR Chapter 419 Division 300 is to ensure that Referral Agents who refer children to programs are registered with the Oregon Department of Human Services. This rule applies to both children who are residents of Oregon being referred to a progra…

419-300-0005 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR Chapter 419, Division 300: (1) “Applicant” means a person that has submitted an application and disclosure template to register as a referral agent. (2) “Certifica…

419-300-0010 Registration Required A referral agent who provides a referral to a client whose child is a resident of the State of Oregon or a client whose child will be placed in the State of Oregon in a program must be registered and obtain a Certificate of Registration with the…

419-300-0020 Registration All referral agents must apply to be registered with the Department as a referral agent prior to making a program referral. (1) APPLICATION FOR REGISTRATION: (a) Application for registration must be made to the Department on forms prescribed by the Depar…

419-300-0030 Disclosure (1) All referral agents must have a written disclosure and shall provide it to the client for every program the client is referred. (2) The referral agent’s disclosure must be submitted, approved by the Department, and maintained in the referral agent's fi…

419-300-0040 Background Check (1) Any referral agent, including any employee, independent contractor, or volunteer of a referral agent, who comes into direct contact with clients, or subjects of placement, must complete a background check process with the Department’s Background …

419-300-0050 General Liability Insurance Requirements (1) An applicant must demonstrate that they maintain at least one million dollars in general liability insurance. (2) A referral agent must demonstrate that they maintain at least one million dollars in general liability insur…

419-300-0060 Program Referrals (1) A referral agent shall provide a client with a disclosure at the same time the client is offered information, referral, or recommendation regarding a program. The written disclosure must meet the same standard as the disclosure that was provided…

419-300-0070 Contracting with a Program A referral agent must include in any contract with a program any provisions prohibiting the referral agent from collecting compensation for a referral to a “program” when the program is a subsequent program as described in this subsection. …

419-300-0080 Subject of Placement and Client Records (1) A referral agent must maintain the client’s and the subject of placement’s records for a minimum of five years after the subject of placement turns 18 and is no longer receiving services from the referral agent, whichever i…