justicedao/ipfs_state_laws huggingface dataset:
419-240-0140 Notifications at the Conclusion of Screening The OTIS investigator is responsible for making the following notifications when a report is assigned for investigation or closed at screening: (1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing the full screening report. (2) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening. (3) Other notifications as required or otherwise authorized including, but not limited to: (a) Appropriate personnel within the Department. (b) The employer, contract holder, licensor, certifier, or other regulatory entity of the respondent when the respondent meets the definition of “third-party professional”. An exception may be granted when the notification could compromise a child's safety or a criminal investigation. (c) 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. (d) 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)). (e) The Office of Developmental Disabilities Services (ODDS), when a report involves a child receiving services from ODDS. (f) Teacher Standards and Practices Commission as provided in ORS 419B.035. (g) The Department of Early Learning and Care when required by ORS 419B.020 or ORS 419B.035. (h) Any individual, administrative hearings officer, court, agency, organization, other entity when determined necessary under ORS 419B.035(3). (4) When a report involves an OYA foster home, the OTIS investigator must make the following notifications: (a) OYA Professional Standards Office (b) When the child is in the custody of the Department or OYA, the OTIS investigator must notify the legal guardian for the child of the screening decision. (5) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report. (6) The Department must not disclose the name and address of, and other identifying information about the reporter. The Department must make available any information necessary to ensure the safety of the child, including the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this section may not release any information not authorized by this section Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 - 419B.050 History: OTIS 53-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 16-2024, renumbered from 407-047-0650, filed 10/30/2024, effective 11/01/2024 DHS 16-2023, minor correction filed 12/11/2023, effective 12/11/2023 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021
419-240-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation or abuse determination under the following exceptions: (a) The report was assigned for investigation in error; or (b) The OTIS investigator received information after the report was assigned for investigation and that information, in combination with the corresponding screening report, no longer constitutes a report of abuse as defined in 419B.005. This exception may be used only when the OTIS investigator and an OTIS supervisor or designee determine the information: (A) Relates directly to and specifically negates all allegations in the screening report; and (B) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information. (2) An investigation must be completed when the OTIS investigator has already interviewed the alleged victim, unless the alleged victim is the reporter. (3) The OTIS investigator must document the exception and: (a) Explain the basis for the determination that an OTIS investigation is no longer required; and (b) Document the name of the OTIS supervisor who was consulted and approved an exception under this rule. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 54-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 16-2024, renumbered from 407-047-0670, filed 10/30/2024, effective 11/01/2024 DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021
419-240-0180 Abuse Investigation Report (1) Timeline to Complete the Abuse Investigation Report. Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation. (a) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator. (b) An extension to the timeline may be granted as provided in this section: (A) OTIS supervisor may approve a one-time 30 calendar day extension when good cause is shown, such as when critical information necessary to make an abuse determination is outstanding. (B) The director of OTIS or designee may approve additional extensions only for reasons beyond the control of OTIS, such as to allow a law enforcement investigation to proceed. (C) When an extension is granted, the OTIS investigator must notify relevant entities of the approved extension and the new due date for the report's completion, except when it could compromise a child's safety or a criminal investigation. (2) Contents of the Abuse Investigation Report. The OTIS investigator must prepare a written report that includes all of the following: (a) A description of the allegation of abuse being investigated, including the date, location, and time, if known. (b) An outline of steps taken, and information gathered in the investigation including, but not limited to, a list of all witnesses interviewed, and summary of information obtained from interviews and list of sources of information reviewed, such as records, documents, reports, and summary of information obtained from those information sources. (c) A specific determination of whether the abuse allegation is “Founded”, “Unfounded”, or “Unable to Determine”, as provided in OAR 419-240-0170 and the basis for that determination. (d) A list of all individuals and entities notified under OAR 419-240-0190 . (e) The name and title of the individual completing the abuse investigation report. (f) Documentation that an OTIS supervisor has reviewed and approved the abuse investigation report. (3) The failure of OTIS to include all elements of section (2) does not invalidate the written report or abuse determination. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 56-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 16-2024, renumbered from 407-047-0690, filed 10/30/2024, effective 11/01/2024 DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021
419-240-0200 Confidentiality Information gathered and records and reports compiled during an OTIS investigation are confidential and may be disclosed only as provided in ORS 419B.035. The identity of the person reporting abuse may not be disclosed. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 58-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 16-2024, renumbered from 407-047-0710, filed 10/30/2024, effective 11/01/2024 DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021
419-300-0000 Purpose The purpose of OAR Chapter 419 Division 300 is to ensure that Referral Agents who refer children to programs are registered with the Oregon Department of Human Services. This rule applies to both children who are residents of Oregon being referred to a program in or out of the State of Oregon and children from other states who are being referred to a program in the State of Oregon. Statutory/Other Authority: ORS 418.351 - 418.357 & ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025 OTIS 1-2024, minor correction filed 03/01/2024, effective 03/01/2024 DHS 7-2024, renumbered from 407-049-0000, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0010 Registration Required A referral agent who provides a referral to a client whose child is a resident of the State of Oregon or a client whose child will be placed in the State of Oregon in a program must be registered and obtain a Certificate of Registration with the Department if they: (1) Provide referral services to a client on or after January 1, 2022. (2) Solicit prospective clients and programs; or (3) Collect compensation from a program for placement of a client on or after January 1, 2022. Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357 Statutes/Other Implemented: ORS 409.050 History: OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025 DHS 7-2024, renumbered from 407-049-0010, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0040 Background Check (1) Any referral agent, including any employee, independent contractor, or volunteer of a referral agent, who comes into direct contact with clients, or subjects of placement, must complete a background check process with the Department’s Background Check Unit (as described in OAR 407-007-0200 to 407-007-0370) and have an outcome of approved by the Department’s Background Check Unit. (2) Direct contact includes: (a) In-person contact; (b) Telephone contact with clients or subject of placement to obtain client-specific information or the subject of placement’s information, including, but not restricted to a client's or the subject of placement’s medical, financial, treatment, and/or program needs; or (c) Electronic communication with clients or subject of placement to obtain client-specific information or the subject of placement’s information, including, but not restricted to a client’s or the subject of placement’s medical, financial, treatment, and/or program needs; or (d) Contact with clients or the subject of placement through written communication via US mail, any other delivery services, or facsimile to obtain client-specific information or the subject of placement’s information, including, but not restricted to a client's medical, financial, treatment, and/or program needs. Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357 Statutes/Other Implemented: ORS 409.050 History: OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025 DHS 7-2024, renumbered from 407-049-0040, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0050 General Liability Insurance Requirements (1) An applicant must demonstrate that they maintain at least one million dollars in general liability insurance. (2) A referral agent must demonstrate that they maintain at least one million dollars in general liability insurance upon renewal of registration. Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357 Statutes/Other Implemented: ORS 409.050 History: DHS 7-2024, renumbered from 407-049-0050, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0060 Program Referrals (1) A referral agent shall provide a client with a disclosure at the same time the client is offered information, referral, or recommendation regarding a program. The written disclosure must meet the same standard as the disclosure that was provided to the Department as described in OAR 419-300-0030. (2) The referral agent must provide to the client a website or written notice for each program to which the referral agent makes program referrals. The website or written notice must include the following: (a) A link to the state agency website listing licensing or substantiated abuse complaints concerning the program; (b) Contact information to facilitate reporting of abuse or neglect and licensing violations in the state in which the program is located; and (c) Contact information for all law enforcement agencies responsible for coverage of the community in which the program is located. (3) Before a referral agent refers a client to a program the referral agent must review and disclose the following information as required by OAR 419-300-0030 (3): (a) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each agency that licenses the program; (b) The number of substantiated allegations of abuse, deaths and or serious injuries at the program in the prior 24 months, based on direct inquiry with each entity that licenses the program or investigates abuse at the program. (4) A client in accordance with ORS 418.353 (5) , may bring a cause of action for a violation of the following rules: (a) OAR 419-300-0030; (b) OAR 419-300-0060; (c) OAR 419-300-0070; or (d) OAR 419-300-0100. Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357 Statutes/Other Implemented: ORS 409.050 History: OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025 OTIS 5-2024, minor correction filed 03/01/2024, effective 03/01/2024 DHS 7-2024, renumbered from 407-049-0060, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0070 Contracting with a Program A referral agent must include in any contract with a program any provisions prohibiting the referral agent from collecting compensation for a referral to a “program” when the program is a subsequent program as described in this subsection. (1) A program is a subsequent program if: (a) The subject of placement enters a program to which the subject of placement is referred by a first referral agent, but subsequently leaves that program; and (b) A new referral agent refers the subject of placement to the subsequent program. (2) When a program referral is made to a subsequent program for a subject of placement by a new referral agent as described in paragraph (a) of this subsection, the new referral agent must present evidence to the subsequent program that the first referral agent is not entitled to compensation for the referral. Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357 Statutes/Other Implemented: ORS 409.050 History: OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025 DHS 7-2024, renumbered from 407-049-0070, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0080 Subject of Placement and Client Records (1) A referral agent must maintain the client’s and the subject of placement’s records for a minimum of five years after the subject of placement turns 18 and is no longer receiving services from the referral agent, whichever is greater. (2) A referral agent must provide a client access to the client’s and the subject of placement’s records, retained by the referral agent, within 30 calendar days of the client’s oral or written request for records. (3) A referral agent must provide the Department with any client records upon request by the Department. (4) Records must be must accurately prepare and safely store its records and ensure the records are readily available for inspection by the Department. (5) Records must be uniform in organization, readily identifiable and accessible, current and complete, and contain all of the information required in OAR 419-300-0005 (17). (6) Records must be corrected, when necessary, by the use of a single line drawn through the incorrect information, the addition of the correct information, a notation of the date the correction is made, and the initials of the person making the correction. No "white out," eraser tape, or other means of eradicating information may be used to make a change to a record. Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357 Statutes/Other Implemented: ORS 409.050 History: OTIS 6-2024, minor correction filed 03/01/2024, effective 03/01/2024 DHS 7-2024, renumbered from 407-049-0080, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0090 Mandatory Reporting (1) Referral agents are mandatory reporters of child abuse pursuant to ORS 419B.005 through 419B.050. This includes abuses occurring in child-caring agencies as defined in ORS 418.205 through 418.327. (2) Mandatory Reporters are any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. (3) Referral agents are required to complete mandatory reporting training approved by the Department. Statutory/Other Authority: ORS 409.050, ORS 418.205 to 418.327, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357 Statutes/Other Implemented: ORS 409.050, ORS 418.205 to 418.327 & ORS 419B.005 to 419B.050 History: DHS 7-2024, renumbered from 407-049-0090, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0100 Prohibited Activities (1) A referral agent is prohibited from the following activities: (a) Sharing a client’s or subject of placement’s information to a program or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information. (b) Referring a client or a subject of placement to a program in which the referral agent or an immediate family member of the referral agent has an ownership interest. (c) Contacting a client who has requested in writing that the referral agent stop contacting the client. (d) Referring a client to a program that is not licensed by the agency responsible for licensing programs in the state where the program is located. (e) Referring a client to a program without personally touring the program within the prior 24 months. If the tour occurred during a time when personal tours were prohibited by a federal, state, or local emergency declaration, virtual tours are permitted. (f) Referring a client to a program that has had a restriction, revocation, or suspension of its license by any licensing entity within the prior 12 months. (g) Referring a client to an organization or company that offers secure transportation services that is not approved by the Department to accept referrals, under rules that have been adopted by the Department. (h) Referring a client to a program that provides any compensation, or consideration to the referral agent in exchange for the referral. (i) A referral agent can neither solicit nor accept compensation from program for placing or attempting to place students with them. (j) A referral agent is expressly forbidden quid pro quo relationships involving referral of clients tied to relationships that promise the exclusive or more favorable use of a particular program. (2) A referral agent must provide an acknowledgement form to each client that is approved by the department describing all prohibited activities described in OAR 419-300-0100. Statutory/Other Authority: ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357 Statutes/Other Implemented: ORS 409.050 History: OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025 DHS 7-2024, renumbered from 407-049-0100, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-300-0120 Notice and Hearing Rights (1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 Civil Penalty Procedures and will be sent by Mail. (2) RIGHT TO HEARING. If the Department proposes an administrative sanction or civil penalty the referral agent is entitled to a contested case hearing pursuant to ORS Chapter 183. (3) REQUEST FOR HEARING. A referral agent who wishes to contest the proposed administrative sanctions or civil penalty must request a hearing within 20 calendar days of the date of mailing of the notice. The request must be made in writing and mailed or electronically submitted to the address in the notice. If mailed by First Class Mail, the date of postmark shall be the date of request. (4) INFORMAL REVIEW. As part of this contested case hearing process, the referral agent may request that an informal review be held to discuss the merits of the case before the contested case hearing. (a) The Department has discretion concerning whether to grant an informal review. If the Department grants the informal review, the referral agent will be contacted, and an informal review will be scheduled. (b) If the referral agent and the Department resolve the issues to the satisfaction of the referral agent, then the Department will contact the Office of Administrative Hearings (OAH) and inform OAH the contested case hearing will not need to proceed if the referral agent was referred to OAH for resolution. (5) FINAL ORDER BY DEFAULT. If a referral agent fails to submit a written request for a contested case hearing within 20 calendar days of receipt of the notice the Department’s original decision to impose an administrative sanction or civil penalty shall become a final order of the Department by default. (6) CIVIL PENALTIES. The entire amount of the civil penalties are due within 10 calendar days after an order becomes final, either by default or after hearing. Statutory/Other Authority: ORS 409.050, ORS 183.341, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357 Statutes/Other Implemented: ORS 409.050 History: DHS 7-2024, renumbered from 407-049-0120, filed 03/01/2024, effective 03/01/2024 DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022 DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022
419-400-0020 Licensing Umbrella Rules: Requirement to Obtain and Comply with License Except for a licensee subcontractor that provides limited services under OAR 419-400-0120(6)(b): (1) A child-caring agency must have a license issued by the Department in accordance with OAR chapter 419, division 400. A licensee must at all times comply with the provisions of the license and with all laws and rules applicable to the child-caring agency. (2) A child-caring agency may not represent itself as able to or purport to provide services governed by the rules in OAR chapter 419, division 400, except the services the child-caring agency is authorized by law and rules and licensed to provide. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.215 & ORS 418.240 Statutes/Other Implemented: ORS 418.205 - 418.327 History: OTIS 1-2023, minor correction filed 01/18/2023, effective 01/18/2023 CWP 26-2022, renumbered from 413-215-0011, filed 11/28/2022, effective 12/01/2022 CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019 CWP 4-2019, minor correction filed 01/07/2019, effective 01/07/2019 CWP 22-2016, f. & cert. ef. 12-1-16 CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 CWP 29-2008, f. & cert. ef. 10-17-08