justicedao/ipfs_state_laws huggingface dataset:
419-130-0050 Assessment for and Provision of Protective Services for Residents (1) Upon the initial receipt of a complaint or report of alleged abuse, OTIS shall contact the assigned BHD specialist to begin assessing needed or provided protective services, and any needed collaboration with the SUD facility. (2) An attempt at direct contact with the alleged victims who are SUD residents shall be determined between OTIS or BHD Licensing as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services. (a) OTIS or BHD Licensing may decide not to attempt direct contact if the resident’s clinician states a health, safety or well-being concern exists. (b) Direct contact is not required if the alleged victim is no longer a resident of the facility. (3) Assessment for the provision of protective services may include: (a) Arranging for the immediate protection of the alleged victim; (b) Assessing the adult’s ability to protect their own interest or give informed consent; (c) Determining the alleged victim’s ability to understand the nature of the protective service and their willingness to accept services; (d) Coordinating evaluations to determine or verify the alleged victim’s physical and mental status, if necessary; (e) Assisting in and arranging for appropriate services and alternative living arrangements; (f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse; (g) Providing advocacy to assure the alleged victim’s rights and entitlements are protected; and (h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse. (4) In coordinating the assessment and assurance of protective services for the alleged victim, OTIS and BHD Licensing may share confidential information appropriate or necessary for evaluation of the health, safety and best interests of the alleged victim in need of protection. (5) OTIS shall document the protective services assessment and provisions provided, including those needed, offered and declined. The assessment is considered confidential SUD information. Statutory/Other Authority: ORS 430.731, ORS 409.010, 409.050 & 413.085 Statutes/Other Implemented: ORS 430.731, 430.205, 430.256, 443.400 – 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 67-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 121-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1050, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0070 Abuse Investigation and Protective Services Report (1) OTIS shall provide BHD Licensing with a completed abuse investigation and protective services assessment report within 60 calendar days of receiving the complaint alleging abuse. (2) In cases where the investigator cannot complete an investigation within 60 calendar days and for good cause, the investigator shall submit a written request for an extension of time to the OTIS manager. (a) “Good cause” for an extension means: (A) When law enforcement is conducting an investigation or in process of prosecution; (B) A material party or witness is temporarily unavailable; or (C) New evidence is discovered that leads to additional allegations. (b) The request shall detail the need for an extension and the length of the extension. (A) OTIS shall copy BHD Licensing on the OTIS manager approval; and (B) OTIS shall instruct BHD Licensing to notify the SUD facility licensee of the approved extension and due date. (3) The completed abuse investigation report shall include: (a) A statement of the allegation being investigated for each alleged victim and AP; (b) A list of all witnesses interviewed, and a summary of the relevant information provided by each witness with SUD resident names deidentified; (c) A summary of findings and a conclusion concerning the allegation of abuse; (d) A specific finding of substantiated or not substantiated for each allegation investigated except those allegations approved to be closed without abuse determination; (e) The name and title of the investigator completing the report; and (f) The name and title of the manager who reviewed the report. (4) OTIS may review and consult with BHD Licensing when necessary on the abuse finding, prior to closure. Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085 Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 69-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 123-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1070, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0090 Administrative Review Process for Substantiated Findings (1) The OTIS reviewer shall review the completed abuse investigation report; and records collected as part of the investigation. (2) The OTIS reviewer shall interview the AP if requested and the AP may have legal representation or other person present during the interview. The OTIS reviewer shall consider any verbal or written information offered by the AP. (3) The OTIS reviewer may not re-open the investigation by interviewing the alleged victim, witnesses or others mentioned in the investigation, or gather additional records or evidence to conduct a further investigation of the allegation of abuse. (4) The OTIS reviewer shall recommend to the OTIS director, whether to change or maintain the substantiated abuse finding based upon their review of the evidence described in sections (1) and (2). (5) The OTIS reviewer shall prepare a written summary of information gathered as described in sections (1) and (2) upon which the recommendation was based within 30 calendar days of OTIS’s receipt of the AP’s request for review. (6) After reviewing the written information from the designated OTIS reviewer, the OTIS director shall make a final determination on the abuse finding within 15 calendar days and a Final Order shall be issued. Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731 Statutes/Other Implemented: ORS 430.731, ORS 183.480 and 183.484, 42 CFR, Part 2, Oct. 1, 2018 & 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2) History: OTIS 125-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1090, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0100 Issuing Final Orders (1) OTIS shall issue written Final Orders to the AP for all substantiated allegations of abuse investigated under ORS 430.735 to 430.765. (2) All Final Orders shall be signed by the OTIS director as authorized by the Department Director. (3) The Final Order shall be issued when: (a) When no request for a review is received after 30 calendar days from the date of the Notice of Substantiated Abuse; or (b) Upon completion of the administrative review process detailed in OAR 419-130-0090. (4) Final Orders shall be mailed by OTIS within 7 calendar days to the AP. (a) Copies of this Final Order shall be electronically sent to: (A) OHA BHD; and (B) The SUD facility. (b) If applicable, OTIS will provide a copy of this Final Order to the ODHS/OHA Human Resources for cases involving ODHS or OHA employees or volunteers. (5) OTIS shall notify regulatory agencies who license or certify an AP practicing therein of Final Orders issued for substantiated abuse findings. The written notification will not re-disclose any 42 CFR Part 2 information and a copy will be provided to OHA BHD. (6) The Final Order is considered part of the investigation case records. Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085 Statutes/Other Implemented: ORS 430.731, 430.205, ORS 183.480, 430.735 - 430.765, 443.400 – 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.256, 430.210, 183.484, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 71-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 126-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1100, filed 12/01/2023, effective 12/01/2023 DHS 16-2022, minor correction filed 04/29/2022, effective 04/29/2022 DHS 4-2021, amend filed 03/11/2021, effective 03/15/2021 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0110 Disclosure of Investigation Report and Related Documents (1) The abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection. (2) OTIS shall inform BHD Licensing of notifications to other health care professional boards for an AP with a Final Order of substantiated abuse and whose treatment practice is regulated by another professional licensing or certification board. (3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and shall not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law. (4) A centralized record of all abuse investigation reports without Part 2 records and information shall be maintained by OTIS and BHD for abuse investigations conducted by OTIS under ORS 430.735. Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085 Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 72-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 127-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1110, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-200-0000 Purpose The purpose of these rules, OAR chapter 419, division 200, is to describe the contested case hearings and OTIS’s ability to have lay representation on “Founded” or “Substantiated” child abuse determinations made by OTIS in chapter 419, divisions 210 through 240. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.050, 418.005, 443.400 - 443.455, 409.185, 409.225, 419B.005 - 419B.050 & 419B.035 History: OTIS 9-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 12-2024, renumbered from 407-044-0300, filed 10/30/2024, effective 11/01/2024 DHS 29-2022, adopt filed 07/20/2022, effective 08/01/2022
419-200-0020 Lay Representation (1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of OTIS in a contested case hearing conducted by the Office of Administrative Hearings under OAR 419-200-0010 . (2) A Department officer or employee acting as the Department’s representative may not make legal argument on behalf of OTIS. (a) "Legal argument" includes arguments on: (A) The jurisdiction of OTIS to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to OTIS; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses, or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of OTIS in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures being followed in the contested case hearing. (3) When an officer or employee appears on behalf of OTIS, the administrative law judge shall advise the Department's representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. (4) If the administrative law judge determines that statements or objections made by the OTIS representative appearing under section (1) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the Department representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing. (5) A Department representative appearing under section (1) of this rule must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available at http://www.doj.state.or.us. (6) When a Department officer or employee represents OTIS in a contested case hearing under OAR 419-200-0010 , requests for admission and written interrogatories are not permitted. OTIS adopts this exception to the Attorney General’s Model Rules due to caseload volume and because these matters would unnecessarily complicate the hearing process. Statutory/Other Authority: ORS 409.050, 418.005 & 183.341 Statutes/Other Implemented: ORS 409.050, 418.005, 418.257 - 418.259, 443.400 - 443.455, 419B.005 - 419B.050, 409.185 & 183.411-183.471 History: OTIS 11-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 12-2024, renumbered from 407-044-0330, filed 10/30/2024, effective 11/01/2024 DHS 29-2022, adopt filed 07/20/2022, effective 08/01/2022
419-210-0100 Purpose The Department receives reports of abuse of children and screens them to determine the response required under ORS chapters 418 and 419B. The purpose of these rules, OAR c hapter 419, division 210 , is to describe: (1) The circumstances under which the Office of Training, Investigations and Safety (OTIS) is responsible to respond to a report of abuse of a child-in-care and (2) The requirements for screening and investigating a report of abuse of a child-in-care that is the responsibility of OTIS. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 183.484, 443.400 - 443.455, 409.010, 418.519-418.532, 409.185, 418.005, 418.257 - 418.259, 409.050 & 419B.005 - 419B.050 History: OTIS 12-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 13-2024, renumbered from 407-046-0100, filed 10/30/2024, effective 11/01/2024 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHS 10-2021, minor correction filed 07/01/2021, effective 07/01/2021 DHS 9-2021, renumbered from 407-045-0800, filed 07/01/2021, effective 07/01/2021 DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021 DHSD 21-2019, minor correction filed 11/07/2019, effective 11/07/2019 DHSD 13-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 9-2018, minor correction filed 06/29/2018, effective 06/29/2018 DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018 DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018 DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017 DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18 DHSD 8-2016, f. & cert. ef. 12-1-16 DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16 DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10 DHSD 4-2008, f. & cert. ef. 5-30-08 DHSD 12-2007(Temp), f. & cert. ef.12-3-07 thru 5-30-08
419-210-0120 Screening Activities (1) This rule describes the screening activities that an OTIS investigator must complete within three business days when a report is determined to be the responsibility of OTIS as provided in OAR chapter 413, division 015. (2) Gather information. An OTIS investigator must: (a) Ensure all of the following information has been gathered and documented: (A) The type of alleged abuse and the circumstances surrounding the report. (B) How the alleged abuse or the surrounding circumstances are reported to affect the safety of the alleged victim. (b) Gather information from individuals who can provide information necessary to determine the appropriate OTIS response. (c) Research Department history of each respondent for information about past or current Department involvement relevant to the current report of abuse. (d) Inquire regarding possible Indian or Alaskan Native heritage of the child and follow OAR chapter 413, division 115 if applicable. (e) Request relevant law enforcement records. (f) Request relevant records pertaining to the alleged victim of abuse (g) For the purposes of cross-reporting, determine the law enforcement agency jurisdiction based on where the abuse is alleged to have occurred. (h) Determine if the report is related to the death of a child and comply with the ODHS Child Welfare "Fatality Protocol" if applicable. (3) When screening activities in section (2) of this rule are complete, the OTIS investigator must: (a) Determine the OTIS response as provided in OAR 419-210-0130; (b) Make screening notifications as provided in OAR 419-210-0140. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 418.005, 418.257 – 418.259 & 419B.005 - 419B.050 History: OTIS 14-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 13-2024, renumbered from 407-046-0120, filed 10/30/2024, effective 11/01/2024 DHS 12-2021, minor correction filed 07/01/2021, effective 07/01/2021 DHS 9-2021, renumbered from 407-045-0825, filed 07/01/2021, effective 07/01/2021 DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021 DHSD 22-2019, minor correction filed 11/07/2019, effective 11/07/2019 DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018 DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018 DHSD 8-2016, f. & cert. ef. 12-1-16 DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
419-210-0156 Investigating Reports of Wrongful Restraint or Involuntary Seclusion When investigating an allegation of wrongful restraint or involuntary seclusion, the investigator must: (1) Review all relevant incident reports related to the child-in-care and other reports related to the restraint or involuntary seclusion of the child-in-care; (2) Review any audio, video or photographic recordings of the restraint or involuntary seclusion, including the circumstances immediately before and following the incident; (3) Review the training records related to all of the individuals who were involved in the use of restraint or involuntary seclusion; (4) Make all reasonable efforts to conduct interviews that are trauma-informed of each child witness, including the child in care who is the subject of suspected abuse unless the investigator makes a specific determination that the interview may significantly traumatize the child and is not in the best interests of the child. During an interview with the child-in-care who is the subject of the suspected abuse, ask the child about whether they experienced any reportable injury or pain as a result of the restraint or involuntary seclusion; and (5) Conduct the interviews described in OAR 419-210-0150(6). Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.050, 418.005, 443.400 - 443.455, 418.519 - 418.532, 409.185, 418.257 – 418.259 & 419B.005 – 419B.050 History: OTIS 18-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 13-2024, renumbered from 407-046-0156, filed 10/30/2024, effective 11/01/2024 DHS 9-2022, minor correction filed 04/25/2022, effective 04/25/2022 DHS 4-2022, adopt filed 03/05/2022, effective 03/05/2022
419-210-0160 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 ORS 418.257 or ORS 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 & 418.005 Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 418.005, 418.257 – 418.259 & 419B.005 – 419B.050 History: OTIS 19-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 13-2024, renumbered from 407-046-0160, filed 10/30/2024, effective 11/01/2024 DHS 9-2021, renumbered from 407-045-0886, filed 07/01/2021, effective 07/01/2021 DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021 DHSD 24-2019, minor correction filed 11/07/2019, effective 11/07/2019 DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018 DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018 DHSD 8-2016, f. & cert. ef. 12-1-16
419-210-0200 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 & 418.005 Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 409.185, 409.225, 418.015, 419B.005 - 419B.050 & 419B.035 History: OTIS 23-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 13-2024, renumbered from 407-046-0200, filed 10/30/2024, effective 11/01/2024 DHS 9-2021, renumbered from 407-045-0955, filed 07/01/2021, effective 07/01/2021 DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021 DHSD 28-2019, minor correction filed 11/07/2019, effective 11/07/2019 DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018 DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018 DHSD 8-2016, f. & cert. ef. 12-1-16 DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
419-220-0100 Purpose and Scope The Department receives reports of abuse of children and screens them to determine the response required under ORS chapter 419B. The purpose of these rules, OAR chapter 419, division 220, is to describe: (1) The circumstances under which the Office of Training, Investigations and Safety (OTIS) is responsible to respond to a report of child abuse of a child involving a caregiver, household member, contractor, or volunteer of a child care and (2) The requirements for screening and investigating a report of alleged child abuse received by the Department effective June 1, 2020 that is the responsibility of OTIS. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 - 419B.050 History: OTIS 24-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 14-2024, renumbered from 407-047-0400, filed 10/30/2024, effective 11/01/2024 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020