Or. Admin. Code § 419-120-0070

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 investigation within 60 calendar days and for good cause, the investigator shall submit a written request for an extension of time to the OTIS manager. The request shall detail the need for an extension.

(b) Upon written approval, the investigator shall advise of the new due date to the:

(A) AP;

(B) ODHS| OHA Human Resources; and

(C) OSH Superintendent, who will be responsible for guardian notification.

(2) The completed abuse investigation report shall include:

(a) A separate statement of the alleged abuse for each allegation investigated;

(b) The assessment of protective services, including those offered or provided and determined as needed to the patient;

(c) A list of all witnesses interviewed and a summary of the relevant information provided by each witness;

(d) Relevant records obtained;

(e) A summary of findings and a conclusion concerning the allegation of abuse;

(f) A specific finding of substantiated or not substantiated for each allegation investigated for each victim and each AP except those allegations approved to be closed without abuse determination;

(g) A list of any notices made to licensing or certifying agencies;

(h) The name and title of the investigator completing the report;

(i) The name and title of the manager who reviewed the report; and

(j) The date the report is approved to close.

(3) In accordance to ORS 430.768, the OTIS investigations shall also address in the written report:

(a) Whether the AP made a claim of self-defense during the investigation; and

(b) A finding whether the AP was acting in self-defense.

(c) In making this finding, the investigator shall find the allegation not substantiated when:

(A) The AP was acting in self-defense in response to the use or imminent use of physical force;

(B) The amount of force used was reasonably necessary to protect the AP from violence or assault; and

(C) The AP used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the Authority by rule.

(4) If applicable, OTIS shall distribute copies of confidential abuse investigation report to:

(a) A law enforcement agency, if the findings are substantiated and there is reasonable cause to believe a crime occurred;

(b) The public agency that licenses or certifies an AP practicing therein if the findings are substantiated; and

(c) To the system described in ORS 192.517.

(5) OTIS shall prepare the redacted version of the approved abuse investigation report. The redacted report shall not contain any confidential information which is prohibited from disclosure pursuant to state or federal law as described in OAR 419-120-0090.

Or. Admin. Code § 419-120-0070

DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018; DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018; DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019; DHS 23-2022, minor correction filed 05/02/2022, effective 05/02/2022; DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022; DHS 7-2023, renumbered from 407-045-0475, filed 12/01/2023, effective 12/01/2023; OTIS 113-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731

Statutes/Other Implemented: 430.768, 426.385, 430.205 & 430.210, 430.731, 430.735 - 430.765 & ORS 179.390