Current through Register Vol. 63, No. 9, September 1, 2024
(1)
The investigator is required to follow the abuse investigation and protective
services assessment report formats provided by OTIS.
(2) Within 55 calendar days of receiving the
complaint alleging abuse, a completed abuse investigation and protective
services report shall be submitted by the investigator to OTIS for approval to
close. The report shall include:
(a) A
separate statement of the alleged abuse for each allegation
investigated;
(b) A list of
protective services assessed, offered or provided and determined as needed to
the adult;
(c) A list of all
witnesses interviewed and a summary of the relevant information provided by
each witness;
(d) Relevant records
obtained;
(e) A summary of findings
and conclusion concerning each alleged abuse allegation;
(f) A specific finding of substantiated or
not substantiated for each alleged abuse allegation investigated except those
allegations approved to be closed without abuse determination;
(g) Any recommended actions and a
determination of whether protective services are needed of the CDDP, brokerage,
service provider agency or facility with the timelines for completing these
actions;
(h) A list of any notices
made to licensing or certifying agencies;
(i) The name and title of the investigator
completing the report;
(j) The name
and title of the OTIS coordinator or OTIS manager who reviewed the report;
and
(k) The date the report is
submitted to OTIS for approval.
(3) In cases where the investigator cannot
complete an investigation within 55 calendar days and for good cause, the
investigator may submit a request for an extension of time to OTIS. When
granting an extension, OTIS may consult with the investigator about the need
for an extension.
(4) Within 5
calendar days of receiving a completed abuse investigation and protective
services report, the OTIS coordinator or OTIS manager shall review the report
and:
(a) Approve for closure, or
(b) Work with the investigator to obtain
necessary information or corrections so the report can be approved to
close.
(5) OTIS shall
distribute copies of confidential abuse investigation reports.
(6) OTIS investigations for alleged abuse at
Department-operated residential training homes shall also address in the
written report:
(a) Whether the AP made a
claim of self-defense during the investigation; and
(b) A finding whether the AP was acting in
self-defense.
(c) In making this
finding, the investigator shall find the allegation not substantiated when:
(A) The AP was acting in self-defense in
response to the use or imminent use of physical force;
(B) The amount of force used was reasonably
necessary to protect the AP from violence or assault; and
(C) The AP used the least restrictive
procedures necessary under the circumstances in accordance with an approved
behavior management plan or other method of response approved by the Department
by rule.
Statutory/Other Authority: ORS
409.050,
430.731 & 409.010
Statutes/Other Implemented: ORS
430.735-430.765,
443.400-443.460, 443.705-443.825, 443.875, 430.731, 430.662 &
430.768
