Or. Admin. R. 309-033-0435

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-033-0435 - Client Rights with Regards to a Secure Transport Provider

(1) A secure transport provider shall maintain written policies and procedures with regard to client rights. The policies and procedures must assure that a client has the right to be treated with consideration, respect, and full recognition of human dignity and individuality. These rights are in addition to any other rights provided for in law.

(2) The client care policies and procedures must include but are not limited to:

(a) Considerate and respectful care;

(b) Reasonable privacy concerning a client's transportation and care;

(c) Confidentiality of all communications and records relating to client transportation and care except to the extent otherwise required by law;

(d) An environment in the secure transport that is free from recognized hazards.

(3) A secure transport provider shall keep a record of any formal complaint or report of misconduct made against an employee. The record must contain a copy of the complaint or report or a detailed written summary of the allegation. A provider shall investigate the accuracy of the complaint, report, or allegation and shall include a summary of the investigation and resulting action taken, if any, in the record. These records must be included in the driver's file with a copy provided to the Division.

(4) A secure transport provider shall report any client abuse in accordance with:

(a) ORS 419B.005 to 419B.050 for child abuse;

(b) ORS 435.735 to 430.765 for abuse of an adult with mental illness or developmental disabilities; and

(c) ORS 124.050 to 124.095 for elderly or persons with disabilities.

(5) When alleged abuse or death of an individual has occurred, and a law enforcement agency, the Authority, the Department of Human Services or their designee in community mental health or developmental disabilities programs has determined to initiate an investigation, the secure transport provider may not conduct an internal investigation without prior authorization from the Division. For the purposes of this section, an "internal investigation" is defined as:

(a) Conducting interviews of the alleged victim, witness, accused person, or any other person who may have knowledge of the facts of the abuse allegation or related circumstances;

(b) Reviewing evidence relevant to the abuse allegation, other than the initial report; or

(c) Any other actions beyond the initial actions of determining:

(A) If there is reasonable cause to believe that abuse has occurred;

(B) If the alleged victim is in danger or in need of immediate protective services;

(C) If there is reason to believe that a crime has been committed; or

(D) What, if any, immediate personnel actions must be taken to assure individual safety.

(6) Upon completion of the abuse investigation, the secure transport provider may conduct an investigation without further Division approval to determine if any personnel actions are necessary.

(7) A secure transport provider shall obtain criminal offender information on all employees who are Transporting a Person in Custody or on Diversion in accordance with OAR chapter 407, division 007.

Or. Admin. R. 309-033-0435

MHD 3-2000(Temp), f. 1-25-00, cert. ef. 1-25-00 thru 7-22-00; MHD 10-2000, f. & cert. ef. 7-21-00; MHS 5-2007, f. & cert. ef. 5-25-07 ]; BHS 24-2022, amend filed 12/20/2022, effective 12/20/2022

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 426.005 - 426.395, 430.205 & 430.210