Or. Admin. Code § 419-100-0030

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

Section 419-100-0030 - Initial Action on Complaints of Alleged Abuse

(1) OTIS or CDDP receiving a complaint alleging abuse shall document the reported information required by ORS 430.743 and any additional information reported. OTIS or CDDP shall attempt to elicit the following information from the reporter:

(a) The name, age and present location of the allegedly abused adult;

(b) The names and addresses of the persons, programs or facilities responsible for the adult's care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the reporter to suspect abuse had occurred;

(e) Any information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and

(f) The date of the incident.

(2) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction within the county where the report was made.

(a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported; and

(b) Obtain copies of any law enforcement reports.

(3) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that an adult has died as a result of abuse.

(4) If OTIS receives the initial complaint, OTIS shall gather the information as detailed in section (1) and within one business day begin to:

(a) Screen the complaint for possible OTIS investigation if it involves an educational provider, the state hospital, a state-operated residential treatment facility or a state-operated residential training home; or

(b) Transfer the information to the local CDDP or CMHP investigator for screening, assessment of protective services and investigation if required.

(5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

(a) Screen the complaint to determine whether an abuse investigation is required per OAR 419-100-0040;

(b) Determine whether the alleged victim sustained any serious injury; and.

(c) Assess the need for protective services per OAR 419-100-0050.

(6) The CDDP shall immediately, but no later than one business day of receiving the complaint, notify ODHS it has received a report of abuse and if the reported victim has sustained any serious injury, in the format provided by the Department's Office of Developmental Disabilities Services (ODDS).

(7) Upon receipt of a complaint of alleged abuse, the investigator shall notify:

(a) The case manager of the agency providing primary case management services to the adult; and

(b) The guardian of the adult (if applicable).

(c) Unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.

(8) OTIS and CDDP shall maintain all reports of abuse in a confidential location.

(9) Each CDDP shall establish an after-hours reporting system.

Or. Admin. Code § 419-100-0030

DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018; DHSD 25-2018, adopt 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 10-2020, minor correction filed 09/03/2020, effective 09/03/2020; DHS 26-2022, minor correction filed 05/02/2022, effective 05/02/2022; DHS 7-2023, renumbered from 407-045-0285, filed 12/01/2023, effective 12/01/2023; OTIS 82-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: 409.050, ORS 409.010 & ORS 430.731

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