Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Administrative closure is a mechanism by which a DHS supervisor or designee may
close an assigned investigation without the investigation reaching a conclusion
as to if abuse or self-neglect occurred.
(2) Administrative closure is applicable only
for specific administrative purposes when it is not feasible to reach an
evidentiary conclusion. It is not intended to replace "inconclusive" or
"unsubstantiated" findings, which are evidence-based conclusions. As
appropriate, protective services of assessment and intervention must be
provided.
(3) To qualify for
administrative closure, an investigation must be completed to the extent
necessary to determine that one or more of the following situations exist:
(a) The basis for assigning and conducting
the investigation is discovered to be invalid, because:
(A) The alleged victim does not meet
eligibility criteria under these rules.
(B) Additional information is discovered that
clearly indicates the report of abuse or self-neglect does not meet criteria
for an abuse investigation.
(C) The
alleged perpetrator is deceased or a minor.
(D) The reported abuse or self-neglect would
clearly lead to a repeat investigation. To qualify, the situation must be the
same abuse type, substantially the same allegations and involve the same
alleged victim and perpetrators as a currently open or a previous
investigation. A new assessment of the alleged victim must also indicate that
there has been no significant change in the alleged victim's capacity or risk
level since the previous investigation.
(b) Unable to determine because:
(A) Necessary material evidence exceeds the
Department's scope of services and its expertise and authority to reasonably
investigate the allegation, including, but not limited to:
(i) Complex legal matters customarily
requiring an attorney.
(ii) Court
findings.
(iii) Commercial business
deals.
(iv) Professional standards
and performance.
(v) Medical
malpractice.
(vi) The Federal
Government or the Oregon Legislature has authorized other entities to respond
to the reported concerns, including, but not limited to:
(I) Investigative agencies (e.g. Oregon
Department of Justice, Federal Bureau of Investigations, and Inspector
General's Offices);
(II) Licensing
bodies (e.g. Medical Board, State Bar, and the Construction Contractors Board);
and
(III) The legal system (e.g.
attorneys and courts).
(B) Substantial or essential material
witnesses and evidence are verified to be unavailable to such an extent that an
evidence-based conclusion may not be reached.
(C) Verifiable safety concerns relating to
deviations under OAR 411-020-0040(4) extensively prevent adequate gathering of
necessary material evidence to determine an evidence-based
conclusion.
(D) The investigation
has been open more than one year and is not being acted upon or there is no
pending action by the Department. The local and central offices must both
determine that the investigation may not reasonably proceed to an
evidenced-based conclusion.
(4) Before closing an investigation
administratively, the following conditions must be met:
(a) A recent assessment of the alleged victim
was completed and, as appropriate, protective services provided.
(b) Reasonable diligence was applied to
compete the investigation to the extent circumstances allowed or were
warranted.
(c) As appropriate,
subject matter experts were consulted, including, but not limited to law
enforcement, domestic violence service providers, health providers, or
attorneys representing the alleged victim.
(d) If there is a reasonable cause to believe
a crime has been committed, law enforcement was notified.
(e) As appropriate, referrals were made to
other investigation and regulatory entities and advocacy resources.
(5) Administrative closure shall
be documented in the Centralized Abuse Management (CAM) system including, but
not limited to the following information:
(a)
Documentation of interview statements and evidence gathered.
(b) Explanation of any deviations from these
rules and the reasonable diligence taken to comply with rules.
(c) Justification for the administrative
closure with supporting evidence and consultation.
(d) Identification of protective services
provided to the alleged victim and referrals made to others in response to the
situation.
(e) Identification of
the supervisors who approved the administrative closure, and date of
approval.
Statutory/Other Authority: ORS
124.055,
124.065,
124.070,
409.010,
410.020,
410.040,
410.070,
411.060,
411.116,
443.450,
443.765
& 443.767
Statutes/Other Implemented: ORS
124.050
- 124.095, 409.010, 410.020, 410.040, 410.070, 411.060, 411.116, 443.500 &
443.767