Or. Admin. Code § 411-320-0140
Current through Register Vol. 63, No. 12, December 1, 2024
Section 411-320-0140 - Abuse Investigations and Protective Services(1) GENERAL DUTIES. (a) For the purpose of conducting abuse investigations and providing protective services for adults, a CDDP is the designee of the Department. A CDDP must conduct abuse investigations and provide protective services or arrange for the conduct of abuse investigations and the provision of protective services through cooperation and coordination with other CDDPs and when applicable, brokerages. (A) Investigations must be done in accordance with OAR chapter 419, division 100.(B) If determined necessary or appropriate, the Department may conduct an investigation itself rather than allow a CDDP to investigate the alleged abuse or the Department may conduct an investigation in addition to the investigation by a CDDP. Under such circumstances, the CDDP must receive authorization from the Department before conducting any separate investigation.(b) Unless otherwise directed by the Department, a CDDP must investigate allegations of abuse of individuals with intellectual or developmental disabilities who are:(A) Adults 18 years of age or older, unless an adult is under 21 years of age and residing in a certified child foster home setting; and(B) Receiving case management services; or(C) Receiving any Department-funded services for individuals; or(D) Previously determined eligible for developmental disabilities services and voluntarily terminated from services in accordance with OAR 411-415-0030.(2) ABUSE INVESTIGATIONS. A CDDP must have and implement written protocols that describe the conduct of an abuse investigation, a risk assessment, implementation of any actions, and the report writing process.(3) COORDINATION WITH OTHER AGENCIES. A CDDP must cooperate and coordinate investigations and protective services with other agencies that have authority to investigate allegations of abuse for adults or children.(4) INITIAL COMPLAINTS OF ABUSE. A CDDP must record all reports and complaints of abuse in the CAM system in accordance with OAR 411-415-0055.(5) CONFLICT OF INTEREST. A CDDP may not investigate allegations of abuse made against employees of the CDDP. Abuse investigations of CDDP staff are conducted by the Department or a CDDP not subject to an actual or potential conflict of interest.(6) NOTIFICATION. Upon the initiation and completion of an abuse investigation, a CDDP must comply with the notification requirements described in OARs 419-100-0030, 419-100-0040, and 419-100-0090.(7) REPORTS. A CDDP must complete and maintain an abuse investigation and protective services report in accordance with OAR 419-100-0080.(8) DISCLOSURE. A CDDP must disclose an abuse investigation and protective services report and related documents in accordance with OAR 419-100-0100.Or. Admin. Code § 411-320-0140
SPD 24-2003, f. 12-29-03, cert. ef. 1-1-04; SPD 28-2004, f. & cert. ef. 8-3-04; SPD 16-2005(Temp), f. & cert. ef. 11-23-05 thru 5-22-06; SPD 5-2006, f. 1-25-06, cert. ef. 2-1-06; SPD 9-2009, f. & cert. ef. 7-13-09; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10: SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13; APD 35-2018, minor correction filed 10/18/2018, effective 10/18/2018; APD 5-2019, minor correction filed 01/07/2019, effective 1/7/2019; APD 45-2019, amend filed 10/29/2019, effective 11/1/2019; APD 5-2023, amend filed 05/01/2023, effective 5/1/2023; APD 45-2024, minor correction filed 07/17/2024, effective 7/17/2024Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115, 427.154, 430.662 & 430.731
Statutes/Other Implemented: ORS 409.010, 427.005-427.154, 430.215, 430.610, 430.620, 430.662, 430.664 & 430.731-430.768