Current through Register Vol. 63, No. 3, March 1, 2024
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 legal guardian of
the alleged victim of the abuse determination when the alleged victim is
currently a child.
(4) OTIS must
notify the respondent when:
(a) A report is
determined to be "Unfounded" or "Unable to Determine" (see OAR 407-047-0680),
OTIS must provide written notice to the respondent.
(b) A report is determined to be "Founded"
(see OAR 407-047-0680), 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.
(5) Others as required or otherwise
authorized including, but not limited to:
(a)
Appropriate personnel within the Department.
(b) The employer, contract holder, licensor,
certifier, or other regulatory entity of the respondent when the respondent
meets the definition of "third-party professional". An exception may be granted
when the notification could compromise a child's safety or a criminal
investigation.
(c) OYA's
Professional Standards Office when a report involved an OYA foster home,
facility or employee.
(d) 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.
(e) 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)).
(f) The Office of Developmental Disabilities
Services (ODDS), when a report involves a child receiving services from
ODDS.
(g) Teacher Standards and
Practices Commission as provided in ORS 419B.035.
(h) The Department of Early Learning and Care
when required by ORS 419B.020 or 419B.035.
(i) Any individual, administrative hearings
officer, court, agency, organization, or other entity when determined necessary
under ORS 419B.035(3).
(6) Any deviations from making required
notifications must be approved by an OTIS supervisor and justification
documented in the investigative report.
Statutory/Other Authority: ORS 409.050
Statutes/Other Implemented: ORS 419B.005 - 419B.050 &
Senate Bill 757 (2023 OL Chapter
188)
