Current through Register Vol. 63, No. 3, March 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, OAR chapter 419, division 110.
(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 CMHP shall have a protocol to
track the outcome of every screening to ensure completion.
(2) The CMHP 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 419-110-0070
(1)(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 shall
screen all complaints of alleged abuse for possible abuse investigation
involving adults receiving services in a state hospital, or state-operated
residential facility licensed under ORS
443.400.
(a) Upon screening, OTIS may determine a CMHP
designee shall conduct the investigation per OAR 419-110-0110.
(b) OTIS shall notify the adult's CMHP of
screening determinations per this rule or OAR 419-110-0110.
(4) A screening determination
shall be made by the end of the third business day after receiving the alleged
abuse complaint except as provided in subsection (b).
(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 CMHP need not conduct its own
investigation of the same incident.
(b) OTIS or CMHP 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 OTIS or CMHP 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 OAR 419-110-0040 (1), an
investigator will be assigned and promptly begin an investigation.
(a) The CMHP will immediately, within one
business day, notify OTIS in the format provided.
(b) OTIS shall notify the CMHP of
investigations conducted per OAR 419-110-0040 (2) or 419-110-0110.
(c) OTIS shall notify the ODHS office for
licensing a facility or certification of service providers when named as the AP
in an investigation under these rules.
(d) OTIS shall notify the Authority's Health
Systems Division (HSD) of all investigations opened under these
rules.
(7) The
notifications described in (6) shall provide the case number, identify the
investigator and provide information regarding how the assigned investigator
may be contacted.
(8) The OTIS
investigator shall also notify relevant ODHS/OHA Human Resources or HSD units
of complaints of abuse received and opened for investigation involving APs who
are employees of state-operated residential facilities;
(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;
(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,
409.050,
413.085 & ORS
430.731
Statutes/Other Implemented: ORS
430.731, ORS
409.027,
443.875,
430.610 to
430.695,
430.735 to
430.765,
430.768,
443.400 to
443.465,
443.705 - 443.825 &
413.036
