justicedao/ipfs_state_laws huggingface dataset:
419-220-0120 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 from the child care 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 419-220-0130 ; and (b) Make screening notifications as provided in OAR 419-220-0140 . Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 26-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 14-2024, renumbered from 407-047-0420, filed 10/30/2024, effective 11/01/2024 DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020
419-220-0140 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) Department of Early Learning and Care as required by ORS 419B.020(1). (3) Department of Human Services: Self-Sufficiency Child Care Policy Unit. (4) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening. (5) Others as required or otherwise authorized including, but not limited to: (a) 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. (b) 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)). (c) The Office of Developmental Disabilities Services (ODDS) when a report involves a home certified by ODDS or a child receiving services from ODDS. (d) The Teacher Standards and Practices Commission if the Department believes the child care caregiver, household member, contractor, or volunteer is licensed or registered by the commission. (ORS 419B.035) (e) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3). (6) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report. (7) 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 child care and the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this subsection may not release any information not authorized by this subsection. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 - 419B.050 History: OTIS 28-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 14-2024, renumbered from 407-047-0440, filed 10/30/2024, effective 11/01/2024 DHS 12-2023, minor correction filed 12/11/2023, effective 12/11/2023 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020
419-220-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation 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 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 30-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 14-2024, renumbered from 407-047-0460, filed 10/30/2024, effective 11/01/2024 DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020
419-220-0180 Abuse Investigation Report (1) Timeline to Complete the Abuse Investigation Report. (a) 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. (b) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator. (c) An extension to the timeline may be granted when: (A) An 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 under this subsection, the OTIS investigator must notify the Oregon Department of Early Learning and Care, Department of Human Services: Self-Sufficiency Child Care Policy Unit and, the owner, executive director, operator, or central administrator of the child care 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) 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, reports, etc. 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 419-220-01 70 and the basis for that determination. (d) A list of all individuals and entities notified OAR 419-220-0190 (Notifications at the Conclusion of an Investigation). (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 32-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 14-2024, renumbered from 407-047-0480, filed 10/30/2024, effective 11/01/2024 DHS 14-2023, minor correction filed 12/11/2023, effective 12/11/2023 DHS 5-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020
419-220-0200 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 34-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 14-2024, renumbered from 407-047-0500, filed 10/30/2024, effective 11/01/2024 DHSD 5-2020, adopt filed 06/01/2020, effective 06/01/2020
419-230-0100 Purpose and Scope The Department of Human Services 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 230 , 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 student involving an employee, agent, contractor, or volunteer of an education provider and (2) The requirements for screening and investigating a report of alleged child abuse received by the Department as of January 1, 2020 that is the responsibility of OTIS. Statutory/Other Authority: ORS 409.050 & ORS 419B.019 Statutes/Other Implemented: ORS 419B.005 - 419B.050 History: OTIS 35-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 15-2024, renumbered from 407-047-0200, filed 10/30/2024, effective 11/01/2024 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHSD 1-2021, minor correction filed 02/04/2021, effective 02/04/2021 DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020
419-230-0120 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 Department 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 from the education provider pertaining to the student reported as 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 4 19-230-0130 ; and (b) Make screening notifications as provided in OAR 419-230-01 40. Statutory/Other Authority: ORS 409.050 & ORS 419B.019 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 37-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 15-2024, renumbered from 407-047-0210, filed 10/30/2024, effective 11/01/2024 DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020
419-230-0140 Notifications at the Conclusion of Screening The OTIS investigator is responsible for making the following notifications after a report has been determined to be assigned for investigation or closed at screening: (1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing a full screening report. (2) OTIS must notify the Teacher Standards and Practices Commission (TSPC) within three business days of receiving the report, if the Department believes the school employee, contractor, agent or volunteer is licensed or registered by the commission. (3) OTIS must notify the Department of Education (DOE) within three business days of receiving the report, if the Department of Human Services believes the report of suspected child 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. (4) OTIS must notify the education provider to ensure the safety of the child. (5) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening. (6) 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 (OYA): 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). (7) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report. (8) The Department of Human Services may not disclose the name and address of, and other identifying information about the reporter, but the Department shall make available any information necessary to ensure the safety of the child, including the name of the school and the name of the person who may have conducted the suspected abuse. Unless authorized under ORS 419B.019 any person or entity to whom notification is made may not release any information Statutory/Other Authority: ORS 409.050 & ORS 419B.019 Statutes/Other Implemented: ORS 419B.005 - 419B.050 History: OTIS 39-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 15-2024, renumbered from 407-047-0240, filed 10/30/2024, effective 11/01/2024 DHS 10-2023, minor correction filed 12/11/2023, effective 12/11/2023 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020
419-230-0160 Exception to Completing an Investigation (1) The OTIS Supervisor may determine that an assigned report does not require an investigation 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 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 & ORS 419B019 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 41-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 15-2024, renumbered from 407-047-0260, filed 10/30/2024, effective 11/01/2024 DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020
419-230-0180 Abuse Investigation Report (1) Time Line to Complete the Abuse Investigation Report. (a) Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete an abuse investigation report and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation. (b) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator. (c) An extension to the time line may be granted when: (A) An 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 under this subsection, the OTIS investigator must ensure notification of the approved extension and the new due date for the report's completion is provided to TSPC, DOE, and the licensed administrator for the education provider associated with the report. Notification to the respondent must be made if the notification would not compromise safety or a criminal investigation. (2) 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, etc. 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 419-230-0170 or OAR 419-230-01 73 and the basis for that determination. (d) A list of all individuals and entities notified under OAR 419-230-01 90 (Notifications at the Conclusion of the Investigation). (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) 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 & ORS 419B.019 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 44-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 15-2024, renumbered from 407-047-0280, filed 10/30/2024, effective 11/01/2024 DHS 4-2024, minor correction filed 01/16/2024, effective 01/16/2024 DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020
419-230-0200 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 & ORS 419B.019 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 46-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 15-2024, renumbered from 407-047-0295, filed 10/30/2024, effective 11/01/2024 DHS 6-2021, amend filed 03/31/2021, effective 04/01/2021 DHSD 36-2019, adopt filed 12/30/2019, effective 01/01/2020
419-240-0100 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 240, 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 involving a third-party respondent and (2) The requirements for investigating a report of alleged child abuse received by the Department as of March 1, 2021 that is the responsibility of OTIS. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 - 419B.050 History: OTIS 47-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 16-2024, renumbered from 407-047-0600, filed 10/30/2024, effective 11/01/2024 DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022 DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021
419-240-0120 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 419-240-0130 or OAR 419-240-0135 ; and (b) Make screening notifications as provided in OAR 419-240-0140 . Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 419B.005 to 419B.050 History: OTIS 49-2024, minor correction filed 11/01/2024, effective 11/01/2024 DHS 16-2024, renumbered from 407-047-0620, filed 10/30/2024, effective 11/01/2024 DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021