Or. Admin. Code § 419-220-0190

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

Section 419-220-0190 - Notifications at the Conclusion of an Investigation

After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:

(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made, and

(b) Whether OTIS determined abuse occurred.

(3) OTIS must notify the legal guardian of the alleged victim of the abuse determination.

(4) If not a respondent, OTIS must notify the owner, executive director, operator, central administrator, or designated authority of the child care.

(5) OTIS must notify the respondent when:

(a) A report is determined to be "Unfounded" or "Unable to Determine" (see OAR 419-220-0170), OTIS must provide written notice to the respondent.

(b) A report is determined to be "Founded" (see OAR 419-220-0170), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) Information on how to request a redacted copy of a founded report must be included in the Notice of Abuse Determination sent to the respondent. The information must state the conditions for when the respondent may make this request.

(6) OTIS must notify Department of Early Learning and Care must provide a unredacted copy of the abuse investigation report.

(7) OTIS must notify the Department of Human Services: Self-Sufficiency Child Care Policy Unit must provide a unredacted copy of the abuse investigation report when the child care is a regulated subsidy program.

(8) Others as required or otherwise authorized including, but not limited to:

(a) Appropriate personnel within the Department.

(b) The Tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(c) Disability Rights Oregon, when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability (ORS 419B.035(1)).

(d) The Office of Developmental Disabilities Services (ODDS), when a report involves a home certified by ODDS or a child receiving services from ODDS.

(e) The Teacher Standards and Practices Commission must be provided copy of the unredacted abuse investigation report if the Department believes the child care caregiver, household member, contractor, or volunteer is licensed or registered by the commission.

(f) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(9) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

Or. Admin. Code § 419-220-0190

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 15-2023, minor correction filed 12/11/2023, effective 12/11/2023; DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024; DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024; DHS 14-2024, renumbered from 407-047-0490, filed 10/30/2024, effective 11/1/2024; OTIS 33-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 419B.027 & ORS 419B.005 - 419B.050