Or. Admin. Code § 419-210-0190

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

Section 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 may provide a unredacted copy of the abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made; and

(b) Whether OTIS determined abuse occurred

(3) OTIS must notify the respondent when:

(a) A report is determined to be "Unsubstantiated" or "Inconclusive" (see OAR 419-210-0170), OTIS must provide written notice to the respondent.

(b) A report is determined to be "Substantiated" (see OAR 419-210-0170), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) Information on how to request a redacted copy of a substantiated report must be included in the Notice of Abuse Determination sent to the respondent. The information must state the conditions for when the respondent may make this request.

(4) When a report involves a child-caring agency or proctor foster home, the OTIS investigator must send the investigation report to personnel designated (CCA Notifications) to make notifications required in Oregon law and OAR 413-215-0136.

(5) When a report involves an ODDS licensed group home, ODDS host home, or ODDS foster home the OTIS investigator must make the following notifications:

(a) Appropriate personnel within the Department.

(b) The ODDS licensed group home or ODDS host home.

(c) The Tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(d) Legal guardian of the child.

(e) If the report was "Substantiated" OTIS must notify:

(A) The Director of the Department;

(B) The Director of Child Welfare; and

(C) The Director of the Office of Developmental Disabilities Services.

(6) Others as required or otherwise authorized including, but not limited to:

(a) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(b) Teacher Standards and Practices Commission as provided in ORS 419B.035.

(c) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(d) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(7) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

Or. Admin. Code § 419-210-0190

DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; DHSD 8-2016, f. & cert. ef. 12-1-16; DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18; DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017; DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018; DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018; DHSD 15-2018, minor correction filed 07/02/2018, effective 07/02/2018; DHSD 20-2018, minor correction filed 07/02/2018, effective 07/02/2018; DHSD 22-2018, temporary amend filed 07/10/2018, effective 07/10/2018 through 01/05/2019; DHSD 29-2018, amend filed 10/31/2018, effective 11/01/2018; DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 13-2019, amend filed 08/01/2019, effective 08/01/2019; DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020; DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021; DHS 9-2021, renumbered from 407-045-0895, filed 07/01/2021, effective 07/01/2021; DHS 20-2021, minor correction filed 08/19/2021, effective 08/19/2021; DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022; DHS 9-2023, minor correction filed 12/11/2023, effective 12/11/2023; DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024; DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024; DHS 13-2024, renumbered from 407-046-0190, filed 10/30/2024, effective 11/1/2024; OTIS 22-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050, 418.005 & 419B.035

Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 409.185, ORS 419B.027, 419B.005 - 419B.050, 418.005 & 418.257 - 428.259