Current through Register Vol. 63, No. 9, September 1, 2024
(1) Investigation
of alleged abuse shall be thorough and unbiased.
(a) CMHP may not investigate allegations of
abuse made against employees of the same CMHP.
(b) Investigations of CMHP staff shall be
conducted by OTIS or another CMHP not subject to an actual or potential
conflict of interest.
(2) In conducting an abuse investigation, the
investigator shall attempt and, when possible, complete the following:
(a) Make in-person contact with the
adult;
(b) Interview the adult,
witnesses, the AP and other individuals who may have knowledge of the facts of
the alleged abuse or related circumstances.
(A) Interviews shall be conducted in-person
where practicable.
(B) For any
person who needs an accommodation for the interview, such as language
translation or other reasonable accommodation, the investigator shall note the
information in the investigation report.
(C) The investigator shall ask the date of
birth for each individual interviewed and shall obtain the date of birth of any
AP.
(D) The investigator shall ask
the AP if they are a Department or Authority employee or volunteer and document
the response as part of the investigation interview information. If affirmed,
the investigator shall give the AP the ODHS/OHA form letter that outlines their
required obligation to notify ODHS/OHA Human Resources.
(E) The investigator shall document any
relevant investigative interviews that did not occur, efforts made and the
reason for no interview.
(F) The
investigator shall make at least three attempts to contact the AP for an
investigative interview when no response to an interview request occurs. At
least one attempt shall be made by phone to the last known number and one by
mail to the last known address.
(c) Review all records or evidence relevant
and material to the complaint; and
(d) Photograph the adult's injuries
consistent with trained guidelines, or arrange for the adult to be
photographed, to preserve evidence of the condition of the alleged victim at
the time of investigation, unless the adult knowingly refuses to be
photographed.
(3) The
investigator may enter a facility and inspect and copy records of a facility or
community program if necessary for the completion of the investigation. A
community program or facility shall provide the investigator access to
employees, the adult and the premises for investigation purposes.
(a) Any relevant record used in an
investigative interview shall be noted in the respective witness statement;
and
(b) The relevant record shall
be included as supporting document in the submitted investigation
report.
(4) OTIS
approval to close any abuse investigation opened under these rules, OAR chapter
419, division 110, by the CMHP is required.
(5) Any variance from the investigative
processes in this rule shall be staffed and approved by OTIS. The reason for
the variance and the name of the OTIS coordinator or OTIS manager who approved
the variance shall be documented clearly in the investigative report.
(6) If the investigator believes an
allegation meets the conditions to be considered closed without an abuse
determination, then OTIS approval to close shall be obtained.
(a) Investigative efforts and information
obtained as described in (2) of this section shall be documented in the written
report submitted for Department approval to close.
(b) The investigator is responsible for
informing persons or entities who were notified of the opened investigation per
OAR 419-110-0040, the allegation has been approved to close without an abuse
determination.
(c) If the
investigator informed the AP of the investigation being opened, then the
investigator shall inform the AP the allegation has been closed without an
abuse determination.
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
