justicedao/ipfs_state_laws huggingface dataset:
419-100-0020 Training and Qualifications for Individuals Investigating Reports of Alleged Abuse (1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged abuse. (a) Training shall include initial and continuing education to address initial action on complaints, screening and conducting investigations. (b) The training and quarterly meetings shall address the cultural and social diversity of Oregon, and focus on the vulnerable populations served and those who provide services, including trauma-informed practices. (2) Each CDDP shall provide or have an agreement with another CDDP to provide a qualified abuse investigator specialist in accordance to OAR chapter 411, division 320. (a) The number of employees to be at least in accordance to the current local CDDP contract with the Department. (b) An employee providing case management services may not serve as the lead investigator in an investigation of alleged abuse of an adult under these rules. (3) CDDP shall require the designated employee: (a) Meet the qualifications of an abuse investigator specialist as stated in OAR chapter 411, division 320. (b) Duties limited to conducting and reporting abuse investigations and protective services assessments for adults. (c) Participate in training and quarterly meetings. (d) Demonstrate an understanding of investigative core competencies. Core competencies in the areas of: (A) Interviewing; (B) Gathering relevant information through records and site visits; (C) Weighing the evidence; and (D) Making abuse determinations. (4) OTIS employees conducting investigations under OAR chapter 419, division 100 are also required to: (a) Meet the qualifications of an abuse investigator specialist as stated in OAR chapter 411, division 320; (b) Participate in the training and quarterly meetings provided investigators; and (c) Demonstrate an understanding of investigative core competencies. Core competencies in the areas of: (A) Interviewing; (B) Gathering relevant information through records and site visits; (C) Weighing the evidence; and (D) Making abuse determinations. Statutory/Other Authority: ORS 409.050, 430.731 & 409.010 Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.460, 443.705–443.825, 430.768, 430.731, 430.662 & 443.875 History: OTIS 81-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0280, filed 12/01/2023, effective 12/01/2023 DHSD 9-2020, minor correction filed 09/03/2020, effective 09/03/2020 DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018 DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018 DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11 DHSD 4-2010, f. & cert. ef. 6-29-10 DHSD 3-2009, f. & cert. ef. 5-1-09 Renumbered from 410-009-0080, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07 OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
419-100-0060 Death Reporting (1) Effective November 1, 2019, DD case management entities for adults enrolled in community developmental disabilities programs or support service brokerages are required to notify their local DD abuse investigator of all the deaths of adults receiving case management services within one business day of being informed of the death per ODDS policy and in the format required by ODDS or OTIS. (2) If the investigator or law enforcement reported a death to the medical examiner in cases where there was reasonable cause to believe that an adult has died as a result of abuse, an abuse investigation shall be immediately opened per OAR 419-100-0070. Notifications shall occur in the same manner as all allegations of alleged abuse, outlined in OAR 419-100-0040. Statutory/Other Authority: ORS 409.010, 409.050, ORS 430.731 & 430.662 Statutes/Other Implemented: ORS 430.731, 443.875, 430.768, 443.400 - 443.465, 443.705 - 443.825 & ORS 430.735 - 430.765 History: OTIS 85-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0298, filed 12/01/2023, effective 12/01/2023 DHSD 13-2020, minor correction filed 09/03/2020, effective 09/03/2020 DHSD 29-2019, amend filed 11/15/2019, effective 11/15/2019 DHSD 17-2019, temporary amend filed 09/25/2019, effective 11/01/2019 through 04/28/2020 DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018 DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018
419-100-0100 Disclosure of the Abuse Investigation and Protective Services Report and Related Documents (1) Portions of the abuse investigation and protective services report and underlying investigatory documents are confidential and are not available for public inspection. (a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the adult, as well as photographs of the adult are confidential and may not be available for public inspection. (b) Investigatory documents, including portions of the abuse investigation and protective services report that contains “individually identifiable health information,” as defined under ORS 192.556(6) and 45 CFR160.103, are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, and ORS 192.553 through 192.581 and 179.505 to 179.509. (2) Notwithstanding section (1) of this rule, the Department shall make this confidential information and any investigative report available, including any photographs if appropriate, in accordance to ORS 430.763. (3) Individuals or entities receiving confidential information pursuant to this rule shall maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law. (4) The Department shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued following opportunity for a contested case hearing. (5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department, in accordance to ORS 430.757. Statutory/Other Authority: ORS 409.050, 430.731 & 409.010 Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768 History: OTIS 89-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0330, filed 12/01/2023, effective 12/01/2023 DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022 DHSD 17-2020, minor correction filed 09/03/2020, effective 09/03/2020 DHSD 29-2019, amend filed 11/15/2019, effective 11/15/2019 DHSD 17-2019, temporary amend filed 09/25/2019, effective 11/01/2019 through 04/28/2020 DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018 DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018 DHSD 4-2010, f. & cert. ef. 6-29-10 DHSD 3-2009, f. & cert. ef. 5-1-09 Renumbered from 410-009-0130, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07 Renumbered from 309-040-0270, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04 MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94
419-100-0110 Department Investigation of Alleged Abuse (1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CDDP to investigate the alleged abuse or in addition to the investigation by the CDDP. Under such circumstances, the CDDP shall receive authorization from OTIS before conducting any separate investigation. (2) OTIS shall conduct all abuse investigations of adults with developmental disability: (a) Under these rules for adults; (A) Receiving services in Department-operated residential training homes licensed under ORS 443.400; or (B) When the primary association between the alleged victim and the accused person is due to their role as an educational provider’s school employee, contractor, agent, or volunteer . (b) Under OAR chapter 419, division 110 for residents of Authority-operated residential treatment facilities or homes. (c) Under OAR chapter 419, division 120 for patients of the state hospitals. (3) OTIS may screen and assign an allegation of abuse involving adults described in section (2), to a CDDP designee to investigate under these rules or to a community mental health program to investigate under OAR chapter 419, division 110. Statutory/Other Authority: ORS 409.050, 430.731 & 409.010 Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768 History: OTIS 90-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0360, filed 12/01/2023, effective 12/01/2023 DHSD 19-2020, minor correction filed 09/03/2020, effective 09/03/2020 DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020 DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018 DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018 DHSD 4-2010, f. & cert. ef. 6-29-10 DHSD 3-2009, f. & cert. ef. 5-1-09 Renumbered from 410-009-0160, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07 Renumbered from 309-040-0290, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04 MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94
419-100-0120 County Multidisciplinary Teams (1) The CDDP shall participate in its county Multidisciplinary Team (MDT) to coordinate and collaborate on protective services for the abuse of adults with developmental disabilities or mental illness or both. (2) All confidential information protected by state and federal law that is shared or obtained by MDT members in the exercise of their duties on the MDT is confidential and may not be further disclosed except as permitted by law. (3) The CDDP designee or OTIS shall provide an annual report to the MDT reporting the number of substantiated allegations of abuse of adults and the number substantiated allegations referred to law enforcement in the county. Statutory/Other Authority: ORS 409.050, 409.010 & 430.731 Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.460, 430.662, 430.731 & 443.705–443.825 History: OTIS 91-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0370, filed 12/01/2023, effective 12/01/2023 DHSD 18-2020, minor correction filed 09/03/2020, effective 09/03/2020 DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018 DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018 DHSD 4-2010, f. & cert. ef. 6-29-10
419-110-0000 Purpose and Scope (1) Effective 07/01/2019, these rules, OAR chapter 419, division 110, prescribe the standards and procedures for the investigation of reported abuse, and the assessment for and provision of protective services for adults: (a) With a severe and persistent mental illness while in mental health treatment from a community program; or (b) While receiving services for mental illness in a facility. (2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the community mental health programs (CMHP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner. (3) For the purpose of carrying out these rules, OAR chapter 419, division 110, community mental health programs are Department designees as used in ORS 430.731 and 430.735 through 430.765. (4) OTIS or CMHP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 to 430.768 and these rules. (5) These rules ensure affording safety and protection assessments to adults with mental illness upon receipt of a complaint of abuse, while balancing the duty of the Department and community mental health program designees to investigate alleged abuses within services. Therefore investigations of alleged abuse are limited to incidents involving: (a) Residents receiving services at facilities; or (b) Adults with severe and persistent mental illness while receiving mental health treatment from a community program and the accused is either: (A) A mental health treatment service provider; or (B) A caregiver for the adult. (6) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person (AP) in an abuse investigation conducted under these rules, OAR chapter 419, division 110. (7) Complaints of alleged abuse of adults while a patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR chapter 419, division 120. Statutory/Other Authority: ORS 409.050, 409.010, 413.085 & ORS 430.731 Statutes/Other Implemented: ORS 430.731, 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 93-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0120, filed 12/01/2023, effective 12/01/2023 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
419-110-0020 Training for Individuals Investigating Reports of Alleged Abuse (1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged abuse. (a) Training shall include initial and continuing education to address initial action on complaints, screening and conducting abuse investigations. (b) The training and quarterly meetings shall address the cultural and social diversity of Oregon, focus on the vulnerable populations served and those who provide services, and include trauma-informed practices. (2) Each CMHP shall designate at least one employee to conduct abuse investigations. CMHP shall require the designated employee to participate in training, quarterly meetings and to demonstrate an understanding of investigative core competencies. Core competencies in the areas of: (a) Interviewing; (b) Gathering relevant information through records and site visits; (c) Weighing the evidence; and (d) Making abuse determinations (3) OTIS employees conducting investigations under OAR chapter 419, division 110 are also required to participate in the training and quarterly meetings provided investigators and demonstrate an understanding of investigative core competencies. Core competencies in the areas of: (a) Interviewing; (b) Gathering relevant information through records and site visits; (c) Weighing the evidence; and (d) Making abuse determinations. Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & 430.731 Statutes/Other Implemented: ORS 443.875, 430.731, 443.705 – 443.825, 413.036, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465 & 409.027 History: OTIS 95-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0140, filed 12/01/2023, effective 12/01/2023 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
419-110-0090 Notification of Outcome (1) After an abuse investigation report has been approved to close under OAR 419-110-0080, OTIS shall notify the AP of the outcome as provided in this section. (a) OTIS shall provide a written notice of outcome to the AP for allegations determined as not substantiated under these rules. (b) When an allegation is determined to be substantiated under these rules, OTIS shall send a Notice of Abuse Determination with a copy of the redacted abuse investigation report. The Notice of Abuse Determination shall include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415. (c) The notices sent to the AP shall be by all of the following: (A) Regular mail. (B) Certified mail with return receipt requested. (C) Alternative methods such as fax or electronic mail, when the respondent has requested an alternate method. (2) If applicable, OTIS shall provide written notification to appropriate personnel within: (a) The Authority or Department involving residential facilities, community programs and regulated service providers licensed, certified, endorsed by the Authority or Department; (b) The facility or community program that employs the AP; (c) ODHS/OHA Human Resources for APs who are state employees; (d) The alleged victim’s case management entity (community program or brokerage); and (e) The alleged victim’s guardian. (3) The investigator may assure that the abuse finding is provided to the alleged victim by their case manager with a trauma informed approach as part of protective services follow-up. (4) OTIS shall document the notices provided and maintain a record of all notifications provided in this rule section. Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731 Statutes/Other Implemented: ORS 430.731, ORS 409.027, 413.036, 183.415, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825, 443.875 & 430.610 to 430.695 History: OTIS 102-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0210, filed 12/01/2023, effective 12/01/2023 DHS 19-2022, 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
419-110-0100 Disclosure of the Abuse Investigation Report (1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection. (a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the adult, as well as photographs of the adult are confidential and shall not be available for public inspection. (b) Investigatory documents, including portions of the abuse investigation report and the protective services assessment contains “individually identifiable health information” as defined under ORS 192.556(6) and 45 CFR160.103, and are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, ORS 192.553 through 192.581 and 179.505 to 179.509. (2) Notwithstanding section (1) of this rule, the Department shall make confidential information available, including any photographs if appropriate, in accordance to ORS 430.763. (3) Individuals or entities receiving confidential information pursuant to this rule shall maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law. (4) The Department or Authority shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued. (5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department, in accordance to ORS 430.757. 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 103-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0220, filed 12/01/2023, effective 12/01/2023 DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022 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
419-110-0110 Department Investigation of Alleged Abuse (1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CMHP to investigate the alleged abuse or in addition to the investigation by the CMHP. Under such circumstances, the CMHP shall receive authorization from OTIS before conducting any separate investigation. (2) OTIS shall conduct all abuse investigations involving adults defined in ORS 430.735(2): (a) Under these rules, OAR chapter 419, division 110 for adults receiving services in an Authority-operated facility licensed under ORS 443.400. (b) Under OAR chapter 419, division 100 for adults with developmental disabilities in a Department-operated residential training home, or (c) OAR chapter 419, division 120 for patients of the state hospitals. (3) OTIS may screen and assign an allegation of abuse involving adults described in section (2), to a CMHP designee to investigate under these rules or to a community developmental disabilities program to investigate under OAR chapter 419, division 100. 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 104-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0230, filed 12/01/2023, effective 12/01/2023 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