Or. Admin. Code § 419-100-0000

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

Section 419-100-0000 - Purpose and Scope

(1) These rules, OAR chapter 419, division 100, prescribe standards and procedures for the investigation of reported abuse, and assessment for and provision of protective services for adults with developmental disabilities in community programs and facilities, and the nature and content of the abuse investigation and protective services report.

(2) The Department's Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the Community Developmental Disabilities Programs (CDDP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner.

(3) For the purpose of carrying out these rules, Community Developmental Disabilities Programs (CDDP) are Department designees as used in ORS 430.731 and 430.735 through 430.765.

(4) OTIS or CDDP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 to 430.768 and these rules.

(5) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person in an abuse investigation conducted under these rules.

(6) Alleged abuse of young adults who are 18 through 20 years old who are receiving 24-hour residential services from a facility licensed by the Department for children with developmental disabilities or certified as a child foster home, shall be immediately reported to the Department's child abuse reporting hotline for possible action under other Department rules.

(7) Complaints of alleged abuse of adults while:

(a) A student of an educational provider and the accused person is a school employee, contractor, agent, or volunteer of the student's educational provider shall be reported to OTIS for possible investigation under these rules; or

(b) A patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR chapter 419, division 120.

Or. Admin. Code § 419-100-0000

MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94; Renumbered from 309-040-0200, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04; Renumbered from 410-009-0050, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07; DHSD 3-2009, f. & cert. ef. 5-1-09; DHSD 4-2010, f. & cert. ef. 6-29-10; DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11; DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018; DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018; DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019; DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020; DHSD 8-2020, minor correction filed 09/03/2020, effective 09/03/2020; DHS 7-2023, renumbered from 407-045-0250, filed 12/01/2023, effective 12/01/2023; OTIS 79-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.050, 430.731 & 409.010

Statutes/Other Implemented: ORS 430.735-430.765, 443.400-443.465, 443.705-443.825, 443.875, 430.731, 430.662 & 430.768