Or. Admin. Code § 419-130-0070

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

Section 419-130-0070 - Abuse Investigation and Protective Services Report

(1) OTIS shall provide HSD 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 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.

(a) "Good cause" for an extension means:

(A) When law enforcement is conducting an investigation or in process of prosecution;

(B) A material party or witness is temporarily unavailable; or

(C) New evidence is discovered that leads to additional allegations.

(b) The request shall detail the need for an extension and the length of the extension.

(A) OTIS shall copy HSD Licensing on the OTIS manager approval; and

(B) OTIS shall instruct HSD Licensing to notify the SUD facility licensee of the approved extension and due date.

(3) The completed abuse investigation report shall include:

(a) A statement of the allegation being investigated for each alleged victim and AP;

(b) A list of all witnesses interviewed, and a summary of the relevant information provided by each witness with SUD resident names deidentified;

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

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

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

(f) The name and title of the manager who reviewed the report.

(4) OTIS may review and consult with HSD Licensing when necessary on the abuse finding, prior to closure.

Or. Admin. Code § 419-130-0070

DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020; DHS 7-2023, renumbered from 407-045-1070, filed 12/01/2023, effective 12/01/2023; OTIS 123-2023, minor correction filed 12/01/2023, effective 12/1/2023

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

Statutes/Other Implemented: ORS 430.731, 430.205 and 430.210 (amended by OL 2019, Chapter 236), 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2), 443.400 - 443.455 & 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640