Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Based on information gathered in OAR 407-047-0620, 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) or
(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 adult who meets the definition of "third-party
professional".
(c) The alleged
victim was a child at the time of the alleged abuse, as defined in these rules
(OAR 407-047-0600 through 407-047-0710).
(d) The relationship between the respondent
and the alleged victim is due to the respondent's position or
occupation.
(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 407-047-0600
through 407-047-0710).
(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 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 in
a caregiving role for other children.
(d) An OTIS supervisor may change the OTIS
initial contact timeline 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) A report may be closed at screening when
the report of child abuse is being investigated by a law enforcement agency
(ORS
419B.020(2)).
(c) 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.
Statutory/Other Authority: ORS
409.050
Statutes/Other Implemented: ORS
419B.005 -
419B.050