Current through Register Vol. 63, No. 9, September 1, 2024
(1) Screening is
the process used by an investigator to gather and assess information in order
to determine the responses and whether the complaint meets the definition of
abuse and there is reasonable cause to believe the abuse of an adult requires
investigation as stated in these rules.
(a)
The investigator shall document screening activities completed and the
information supporting the decision to either assign an abuse investigation or
close the complaint at screening.
(b) The investigator shall assure initial
notifications, referrals and required cross-reporting are completed.
(c) OTIS or CDDP shall have a protocol to
track the outcome of every screening to ensure completion.
(2) The CDDP may request OTIS screen a
complaint of alleged abuse for instances where there is a potential conflict of
interest, as an investigation may need to be conducted under OAR 419-100-0110 (2)(a).
(a) Requests shall be made to an OTIS
coordinator or OTIS manager, and
(b) Be in writing in the format provided by
OTIS.
(3) OTIS
Investigation Unit Responsibilities.
(a) OTIS
shall screen all complaints of alleged abuse for possible abuse investigation
involving adults:
(A) When the primary
association between the alleged victim and the accused person is due to their
role as an educational provider's school employee, agent, contractor, or
volunteer; or
(B) While receiving
services in a State hospital, Authority-operated residential treatment facility
or home or Department-operated residential training homes.
(b) Upon screening, OTIS may determine a CDDP
designee shall conduct the investigation per OAR 419-100-0110.
(c) OTIS shall notify the adult's CDDP of
screening determinations of this rule or OAR 419-100-0110.
(d) OTIS shall notify the licensed
administrator of screening determinations for allegations received involving
the educational provider's school employee, contractor, agent, or
volunteer.
(4) A
screening determination shall be made by the end of the third business day
after receiving the alleged abuse complaint.
(a) The investigator shall consult with an
OTIS coordinator or OTIS manager if a screening decision is not made after
three business days.
(b) An OTIS
coordinator or OTIS manager may grant a screening extension if law enforcement
has been contacted for a criminal investigation of the alleged abuse incident.
The investigator shall document:
(A) The name
of the law enforcement agency, assigned case number and crime being
investigated;
(B) The plan for
follow-up contacts with the law enforcement agency; and
(C) The approval of an OTIS coordinator or
OTIS manager.
(5) When a law enforcement agency is
conducting a criminal investigation of the alleged abuse:
(a) OTIS or CDDP need not conduct its own
investigation of the same incident.
(b) OTIS or CDDP may also perform its own
investigation as long as it does not interfere with the law enforcement agency
investigation. Circumstances that indicate a need for the OTIS or CDDP to
conduct their own investigation:
(A) There is
potential for action by a licensing or certifying agency;
(B) Timely investigation by law enforcement
is not probable; or
(C) The law
enforcement agency does not complete a criminal investigation.
(c) When a law enforcement agency
is conducting an investigation of the alleged abuse and a screening extension
has been granted by OTIS, the investigator shall communicate and cooperate with
the law enforcement agency. The investigator shall ensure regular and timely
follow-up with the law enforcement agency related to:
(A) The status of the criminal
investigation,
(B) Explanation for
no criminal investigation or suspension of a criminal investigation,
and
(C) Any actions taken by the
district attorney.
(6) If after screening, it is determined the
complaint meets the criteria for an investigation per (1), an investigator will
be assigned and promptly begin an investigation.
(7) If the investigator determines that there
is reasonable cause to believe that abuse occurred at a facility, the
investigator shall immediately, within one business day of this screening
determination, notify the appropriate licensing agency. The notification shall
provide the case number, identify the investigator and provide information
regarding how the assigned investigator may be contacted.
(8) The investigator shall also notify
relevant ODDS units of complaints of abuse received and opened for
investigation involving APs who are:
(a)
Employees of department-operated residential training homes; or
(b) Independent Providers as defined in OAR
411, chapter 375, which includes Personal Support Workers.
(9) Within three business days of a screening
decision, the investigator shall:
(a) Provide
the screening decision to (if applicable):
(A)
The primary case management entity, such as the Service Coordinator or Personal
Agent;
(B) The guardian;
and
(C) The involved facility or
community program.
(b)
If a complaint of alleged abuse has been assigned for investigation, the
screening decision shall provide the case number, identify the investigator and
provide information regarding how the assigned investigator may be
contacted.
(c) The notification to
the guardian or case manager may be delayed if the notification would undermine
the integrity of the investigation because the guardian or case manager is
suspected of committing abuse.
(10) The investigator shall document how and
when notifications were provided and maintain a record of all
notices.
Statutory/Other Authority: ORS
409.010, ORS
409.050 & ORS
430.731
Statutes/Other Implemented: ORS
430.731,
430.662,
443.875,
430.768,
443.400 - 443.465, 443.705 -
443.825 & 430.735 - 430.765
