Or. Admin. Code § 419-230-0190

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

Section 419-230-0190 - 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 notifications described in this rule.

(1) OTIS must notify law enforcement of the abuse determination and may provide a copy of the unredacted 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 when the alleged victim is currently a child.

(4) OTIS must notify the respondent when:

(a) A report is determined to be "Unfounded" or "Unable to Determine" (See OAR 419-230-0170 and OAR 419-230-0173), OTIS must provide written notice to the respondent.

(b) A report is determined to be "Founded" under OAR 419-230-0170 or OAR 419-230-0173, 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) The Notice of Abuse Determination must include information described in:

(A) OAR 137-003-0505(1) and (2)(a);

(B) ORS 183.415; and

(C) How to request a redacted copy of the founded report. The information must state the conditions for when the respondent may make this request.

(5) OTIS must provide the education provider a copy of the unredacted abuse investigation as permitted by ORS 419B.035(1)(m).

(6) OTIS must provide the Teacher Standards and Practices Commission a copy of the unredacted abuse investigation if the Department believes the school employee, contractor, agent or volunteer is licensed or registered by the commission.

(7) OTIS must provide the Department of Education a copy of the unredacted abuse investigation if the Department believes the report of suspected abuse:

(a) Occurred in a school or was related to a school-sponsored activity; or

(b) Involves a child and a person who is a school employee, contractor, agent or volunteer.

(c) The notification must state the Department of Education is responsible for immediate notification to the appropriate education provider to ensure the safety of the child.

(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 if the alleged abuse occurred at a school or in an educational setting that involves a child with a disability (ORS 419B.035 (1)).

(d) Oregon Youth Authority: Professional Standards Office when the alleged abuse involves a youth under the jurisdiction of OYA, or the education provider is a Youth Corrections Education Program.

(e) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035.

(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 § 419-230-0190

DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020; DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021; DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022; DHS 11-2023, minor correction filed 12/11/2023, effective 12/11/2023; DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024; DHS 5-2024, minor correction filed 01/16/2024, effective 01/16/2024; DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024; DHS 15-2024, renumbered from 407-047-0290, filed 10/30/2024, effective 11/1/2024; OTIS 45-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050 & ORS 419B.019

Statutes/Other Implemented: ORS 419B.005 - 419B.050, Section 8, chapter 581, OL 2023 (Note ORS 419B) & ORS 419B.027