Or. Admin. Code § 407-046-0130

Current through Register Vol. 63, No. 10, October 1, 2024

Section 407-046-0130 - Child-In-Care Abuse Rules: Determining Response

(1) Based on information gathered in OAR 407-046-0120, 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 required under section (2) of this rule and the report will be closed at screening as provided in section (4).

(c) Refer to other investigative authority as provided in section (5).

(2) Investigation required. An investigation is required when either:

(a) The OTIS investigator determines all of the following are true:

(A) The information alleged in the report meets the definition of abuse in ORS 419B.005 or ORS 418.257.

(B) At the time of the alleged abuse, the respondent was:

(i) A child-caring agency, proctor foster home, Office of Developmental Disability Services (ODDS) licensed group home, ODDS host home or ODDS foster home; or

(ii) An employee, contractor, or volunteer of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(C) The alleged victim was a child at the time of the alleged abuse as defined in these rules (OAR 407-046-0100 through 407-046-0200).

(b) The director of OTIS determines that the Department is authorized by Oregon law to investigate and it is in the best interest of child safety for OTIS to investigate under these rules (OAR 407-046-0100 through 407-046-0200).

(3) If an investigation is required under section (2), an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:

(a) Within 24 hours.

(b) Within 72 hours. This initial contact timeline must only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child.

(c) Within 10 business days. This response timeline must only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not a caregiver for other children.

(d) An OTIS supervisor may change the OTIS response timeline. When changing from a response time to within 72 hours or within 10 business days the supervisor must explain in writing why the timeline was changed and how safety was considered when the change was approved.

(4) Close at screening.

(a) A report must be closed at screening when both of the following are true:

(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.

(B) An investigation is not required under section (2) of this rule.

(b) OTIS supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report is determined not to be the responsibility of OTIS under OAR chapter 413, division 015, OTIS must refer the report to the appropriate investigative authority. OTIS must follow mandatory reporting requirements of other Oregon Revised Statutes.

(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.

(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

Or. Admin. Code § 407-046-0130

DHSD 17-2017, temporary adopt filed 12/28/2017, effective 01/01/2018 through 06/29/2018; DHSD 14-2018, adopt filed 06/29/2018, effective 6/30/2018; DHSD 35-2019, amend filed 12/30/2019, effective 1/1/2020; DHS 2-2021, amend filed 02/26/2021, effective 3/1/2021; DHS 9-2021, renumbered from 407-045-0835, filed 07/01/2021, effective 07/01/2021; DHS 13-2021, minor correction filed 07/01/2021, effective 7/1/2021; DHS 29-2022, amend filed 07/20/2022, effective 8/1/2022

Statutory/Other Authority: ORS 409.050 & 418.005

Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 419B.005 - 419B.050, 409.185, 418.005 & 418.257 - 418.259