Or. Admin. Code § 419-230-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 419-230-0130 - Determining Response

(1) Based on information gathered in OAR 419-230-0120, 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:

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

(b) At the time of the alleged abuse, the respondent was an employee, contractor, agent or volunteer of an education provider.

(c) The alleged victim was a child at the time of the alleged abuse, as defined in these rules (OAR chapter 419, division 230).

(d) The relationship between the respondent and the alleged victim is due to the respondent's role as an employee, contractor, agent or volunteer of an education provider.

(e) If conditions in (2)(a-d) are not met, then the director of OTIS may determine that the Department is authorized by ORS 419B to investigate and it is in the best interest of child safety for OTIS to investigate under these rules (OAR chapter 419, division 230).

(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 response time line may 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 may only be used when the report is historical abuse, and the respondent no longer has contact with the alleged victim and is not in a caregiving role for other children.

(d) An OTIS supervisor may change the OTIS response time line to within 72 hours or within 10 business days. the supervisor must explain in writing why the time line 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) Supervisor or designee approval must be obtained when a report will be closed at screening.

(5) When a report was improperly determined to be the responsibility of OTIS under OAR chapter 413 division 015, OTIS must refer the report to the appropriate investigative authority and follow mandatory reporting requirements.

(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 § 419-230-0130

DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020; DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021; DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022; DHS 15-2024, renumbered from 407-047-0220, filed 10/30/2024, effective 11/1/2024; OTIS 38-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050 & ORS 419B.019

Statutes/Other Implemented: ORS 419B.005 - 419B.050