Or. Admin. Code § 411-020-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-020-0100 - Community Investigation, Documentation, and Notification

(1) Community investigations shall be objective, professional, and thorough.

(2) A community abuse investigation shall be conducted and documented when the alleged perpetrator is reported to have abused:

(a) An older adult or adult with a physical disability residing in a non-facility setting.

(b) An adult residing in an APD licensed facility setting when the alleged perpetrator is not employed by, volunteers for, or is contracted personnel with the facility.

(c) An adult with Medicaid services who receives services from a regulated provider.

(3) A community self-neglect investigation shall be conducted and documented when an adult eligible for Adult Protective Services is reported to be unable to understand the consequences of their actions or inaction, and that inability leads to, or may lead to, harm or endangerment to themselves. Assessment is a key element of self-neglect investigations.

(4) In completing a community investigation, the APS worker must:

(a) Identify the alleged victim, any alleged perpetrators, and any other parties reported to have information relevant to proving or disproving the allegations.

(b) Conduct interviews with the parties described in section (a) of this section to gather all relevant available evidence. All interviews must be private unless the individual being interviewed requests the presence of someone else. Any individuals listening to the interview must be advised of the confidential nature of the investigation.

(c) Interview the alleged victim and any alleged perpetrators unannounced and in-person, unless a deviation under OAR 411-020-0040(4) is required for the safety of any party, an in-person interview is unable to be obtained, or at the request of law enforcement. Key witnesses should be interviewed in person.

(d) Obtain and review all available documentary or physical evidence relevant to reaching a finding, including any information establishing the severity of the incident under investigation.

(e) The Department may photograph, or cause to have photographed, any alleged victim for the purposes of preserving evidence of the alleged victim's condition observed at the time of the investigation. The photographs shall be considered records and subject to confidentiality rules.

(f) Gather and include evidence relevant to determining the conduct of any alleged perpetrators and the severity of the risk or outcome to the alleged victim.

(g) Create additional investigatory aids, such as maps or drawings that may aid in proving or disproving the allegations.

(h) Maintain a record of interviews and evidentiary review, in notes, recordings, records, photographs, scanned documents, or other appropriate means.

(i) Determine the facts of the case based on a fair and objective review of the available relevant evidence.

(j) Conclude whether the preponderance of the evidence indicates whether abuse or self-neglect is substantiated or unsubstantiated, that the evidence is inconclusive, or that the investigation will be closed administratively without a determination.

(5) Investigations must be documented and closed in the Centralized Abuse Management (CAM) system.

(6) The local office must complete community investigations on or before 120 days from date of screening decision (unless delayed by a concurrent criminal investigation or otherwise by policy) and prepare a final report that includes, but is not limited to, the following information:

(a) The dates, locations, and description of the initial reported abuse.

(b) The date that the investigation was commenced and completed, and by whom.

(c) Characteristics of the alleged victim including identified language, race, and ethnicity.

(d) Relationship of the alleged victim to the reporter, witnesses, and any alleged perpetrators.

(e) A statement of the specific allegations investigated.

(f) The statements of all parties interviewed regarding the allegations.

(g) A description of the documents and records reviewed during the investigation, summarizing their content to the extent necessary to explain their relevance to the investigation and support the findings of fact.

(h) A summary of any direct observations by the investigator that are relevant to the investigation and its findings.

(i) A statement of the factual basis for any findings and a summary of the findings made as a result of the investigation, including attributions to witness statements, documents, or observations that support each finding of fact.

(j) A conclusion.

(k) A summary of protective services offered to the alleged victim, with outcomes, if known.

(l) A summary of referrals to other agencies or authorities resulting from the investigation, with outcomes, if known.

(m) Reasons for any deviations from required timelines or standard practices.

(7) When a community complaint investigation has been completed, the reporter, the alleged victim, and the alleged perpetrators may be informed (verbally, unless notification in writing is requested) that:

(a) There was an allegation of abuse or self-neglect and the type of abuse or self-neglect being investigated.

(b) Appropriate action is being taken.

(c) The outcome of the investigation as one of the following:

(A) No abuse or self-neglect was found (unsubstantiated).

(B) Abuse or self-neglect was found (substantiated).

(C) The investigation was 'inconclusive'.

(D) The investigation was closed without a determination of whether abuse or self-neglect occurred (Administrative Closure).

(8) When the community investigation is closed, the local office must retain case records for a period of 15 years after last activity. Final community APS records are maintained and distributed by the local office, as appropriate.

(9) The Department must collect statewide data on all aspects of Adult Protective Services as specified by Department policy and procedure. As reasonably requested, the local offices shall provide data not otherwise available through centralized Department data systems.

Or. Admin. Code § 411-020-0100

SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05; SPD 33-2006, f. & cert. ef. 12-21-06; SPD 21-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10; APD 37-2014, f. 11-24-14, cert. ef. 1/1/2015; APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018; APD 44-2018, amend filed 12/27/2018, effective 12/27/2018

Statutory/Other Authority: ORS 124.055, 124.065, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, 443.450, 443.765, 443.767

Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.500, 443.767