Current through Register Vol. 63, No. 9, September 1, 2024
(1)
OTIS shall provide a completed abuse investigation and protective services
report within 60 calendar days to ODHS| OHA Human Resources and OSH
Superintendent.
(a) In cases where the
investigator cannot complete an investigation within 60 calendar days and for
good cause, the investigator shall submit a written request for an extension of
time to the OTIS manager. The request shall detail the need for an
extension.
(b) Upon written
approval, the investigator shall advise of the new due date to the:
(A) AP;
(B) ODHS| OHA Human Resources; and
(C) OSH Superintendent, who will be
responsible for guardian notification.
(2) The completed abuse investigation report
shall include:
(a) A separate statement of the
alleged abuse for each allegation investigated;
(b) The assessment of protective services,
including those offered or provided and determined as needed to the
patient;
(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 a conclusion concerning the allegation of abuse;
(f) A specific finding of substantiated or
not substantiated for each allegation investigated for each victim and each AP
except those allegations approved to be closed without abuse
determination;
(g) A list of any
notices made to licensing or certifying agencies;
(h) The name and title of the investigator
completing the report;
(i) The name
and title of the manager who reviewed the report; and
(j) The date the report is approved to
close.
(3) In accordance
to ORS 430.768, the OTIS investigations
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
Authority by rule.
(4) If applicable, OTIS shall distribute
copies of confidential abuse investigation report to:
(a) A law enforcement agency, if the findings
are substantiated and there is reasonable cause to believe a crime
occurred;
(b) The public agency
that licenses or certifies an AP practicing therein if the findings are
substantiated; and
(c) To the
system described in ORS
192.517.
(5) OTIS shall prepare the redacted version
of the approved abuse investigation report. The redacted report shall not
contain any confidential information which is prohibited from disclosure
pursuant to state or federal law as described in OAR 419-120-0090.
Statutory/Other Authority: ORS
409.010,
409.050,
413.085,
426.010 & 430.731
Statutes/Other Implemented: 430.768, 426.385, 430.205 &
430.210, 430.731, 430.735 - 430.765 & ORS
179.390
