419-110-0070 Investigation of Alleged Abuse (1) Investigation of alleged abuse shall be thorough and unbiased. (a) CMHP may not investigate allegations of abuse made against employees of the same CMHP. (b) Investigations of CMHP staff shall be conducted by OTIS or another CMHP not subject to an actual or potential conflict of interest. (2) In conducting an abuse investigation, the investigator shall attempt and, when possible, complete the following: (a) Make in-person contact with the adult; (b) Interview the adult, witnesses, the AP and other individuals who may have knowledge of the facts of the alleged abuse or related circumstances. (A) Interviews shall be conducted in-person where practicable. (B) For any person who needs an accommodation for the interview, such as language translation or other reasonable accommodation, the investigator shall note the information in the investigation report. (C) The investigator shall ask the date of birth for each individual interviewed and shall obtain the date of birth of any AP. (D) The investigator shall ask the AP if they are a Department or Authority employee or volunteer and document the response as part of the investigation interview information. If affirmed, the investigator shall give the AP the ODHS/OHA form letter that outlines their required obligation to notify ODHS/OHA Human Resources. (E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reason for no interview. (F) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs. At least one attempt shall be made by phone to the last known number and one by mail to the last known address. (c) Review all records or evidence relevant and material to the complaint; and (d) Photograph the adult’s injuries consistent with trained guidelines, or arrange for the adult to be photographed, to preserve evidence of the condition of the alleged victim at the time of investigation, unless the adult knowingly refuses to be photographed. (3) The investigator may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation. A community program or facility shall provide the investigator access to employees, the adult and the premises for investigation purposes. (a) Any relevant record used in an investigative interview shall be noted in the respective witness statement; and (b) The relevant record shall be included as supporting document in the submitted investigation report. (4) OTIS approval to close any abuse investigation opened under these rules, OAR chapter 419, division 110, by the CMHP is required. (5) Any variance from the investigative processes in this rule shall be staffed and approved by OTIS. The reason for the variance and the name of the OTIS coordinator or OTIS manager who approved the variance shall be documented clearly in the investigative report. (6) If the investigator believes an allegation meets the conditions to be considered closed without an abuse determination, then OTIS approval to close shall be obtained. (a) Investigative efforts and information obtained as described in (2) of this section shall be documented in the written report submitted for Department approval to close. (b) The investigator is responsible for informing persons or entities who were notified of the opened investigation per OAR 419-110-0040, the allegation has been approved to close without an abuse determination. (c) If the investigator informed the AP of the investigation being opened, then the investigator shall inform the AP the allegation has been closed without an abuse determination. Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731 Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036 History: OTIS 100-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0190, filed 12/01/2023, effective 12/01/2023 DHS 18-2022, minor correction filed 05/02/2022, effective 05/02/2022 DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019 DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019 DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019 DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018 DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18