Or. Admin. Code § 419-220-0150

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

Section 419-220-0150 - Investigating Reports of Abuse

An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:

(1) The OTIS investigator must contact the responsible law enforcement agency, as provided in ORS 419B.015, to establish if a criminal investigation is being conducted and jointly determine the roles and responsibilities of OTIS and the law enforcement agency in their respective investigations.

(2) The OTIS investigator must notify and coordinate with the Compliance Unit of the Department of Early Learning and Care as required by ORS 419B.020(1).

(3) Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to children associated with the report of abuse.

(4) Make initial contact with the alleged victim's legal guardian and the alleged victim of abuse within the OTIS initial contact timeline assigned at screening.

(5) The OTIS investigator must communicate with owner, executive director, operator or central administrator of the child care at the beginning of the investigation to notify them of the allegations, arrange for access to the child care, plan interviews that will take place at the child care, and gain access to names of other children and their parents who may have been a witness or could be a collateral source for the OTIS investigation. The OTIS investigator is not required to communicate with the owner, executive director, operator, or central administrator of the child care if it could compromise a child's safety or a criminal investigation.

(6) The OTIS investigator must provide advanced notification to the Indian Tribe of any intent to make contact with an individual on a reservation.

(7) Attempt to interview the following:

(a) The alleged victim in the report. The OTIS investigator must notify the legal guardian of a child prior to any interview with a child, unless notification is prohibited by law or court order or would compromise safety or a criminal investigation.

(b) Any witnesses to the alleged abuse.

(c) The respondent.

(A) Prior to requesting an investigative interview, the OTIS investigator must ensure the respondent is provided written notification.

(B) If the respondent refuses to be interviewed, this must be documented in the abuse investigation report.

(C) If the respondent does not respond to a request to be interviewed, at least three additional attempts to interview the respondent must be made:

(i) At least one of the additional three attempts must be made by phone to the last known phone number.

(ii) At least one of the additional three attempts must be made by mail to the last known address.

(iii) All attempts to contact the respondent must be documented in the abuse investigation report.

(d) Others who may have knowledge of the facts of the alleged abuse or related circumstances as determined appropriate by the OTIS investigator.

(8) Conduct interviews in person when practicable.

(9) Conduct interviews with alleged victims and witnesses without the presence of caregivers, household members, contractors, or volunteers of the child care if determined appropriate by the OTIS investigator.

(10) Inform individuals being interviewed that they may decline to be interviewed.

(11) Comply with ORS 419B.045 when an interview or other contact will occur on public school premises.

(12) Obtain and review relevant material evidence, which includes, but is not limited to:

(a) Conducting a site visit to the child care that is the subject of the report of abuse or other relevant location as determined appropriate by the OTIS investigator.

(b) Receiving and/or reviewing video or audio records from the child care or the community.

(c) Receiving, reviewing, or copying records, documents and materials pertaining to the alleged victim of abuse including, but not limited to, incident reports, evaluations, Individual Family Services Plan (IFSP), Individual Education Plan (IEP), attendance records, or other documents as determined appropriate by the OTIS investigator.

(d) Receiving, reviewing, or copying records, documents and materials pertaining to the child care or any of the child care's caregivers, household members, contractors, or volunteers including, but not limited to, performance reviews, employee records, records of past complaints or concerns and attendance records.

(e) Receiving, reviewing, or copying records, documents and materials pertaining to the respondent and anyone who resides in or frequents the child care.

(f) Taking photographs as determined appropriate by the OTIS investigator.

(g) Receiving and reviewing relevant law enforcement records.

(13) When an OTIS investigator observes a child, who has suffered a suspicious physical injury and the OTIS investigator is certain or has reasonable suspicion that the injury is or may be the result of abuse, the OTIS investigator must comply with ORS 419B.023 (Karly's Law). This includes:

(a) Identifying the protocols and procedures of the applicable county multidisciplinary child abuse team described in ORS 418.747; and

(b) Ensuring photographs are taken and medical assessments are pursued as provided in the applicable protocol.

(14) If any of the requirements in (1) through (13) of this rule cannot be met:

(a) Consult with an OTIS supervisor regarding the requirements that cannot be met;

(b) Obtain approval from an OTIS supervisor for deviating from the requirements of this rule; and

(c) Explain which requirements in this rule that cannot be met and document OTIS supervisor approval in the investigative report.

(15) When investigation activities are complete:

(a) Unless an exception in OAR 419-220-0160 (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 419-220-0170;

(b) Issue an abuse investigation report as provided in OAR 419-220-0180; and

(c) Make notifications as provided in OAR 419-220-0190.

Or. Admin. Code § 419-220-0150

DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020; DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021; DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022; DHS 13-2023, minor correction filed 12/11/2023, effective 12/11/2023; DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024; DHS 14-2024, renumbered from 407-047-0450, filed 10/30/2024, effective 11/1/2024; OTIS 29-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 419B.005 - 419B.050