Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0450 - Investigations in Child Care: Investigating Reports of Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
An OTIS investigator must attempt and, when possible, complete
				all of the following activities when a report has been assigned for
				investigation:
(1) The OTIS
			 investigator must contact the responsible law enforcement agency, as provided
			 in ORS 419B.015, to establish if a
			 criminal investigation is being conducted and jointly determine the roles and
			 responsibilities of OTIS and the law enforcement agency in their respective
			 investigations.
(2) The OTIS
			 investigator must notify and coordinate with the Compliance Unit of the
			 Department of Early Learning and Care as required by ORS
			 419B.020(1).
(3) Share information and coordinate with
			 Department personnel or other appropriate entities who have responsibilities to
			 children associated with the report of abuse.
(4) Make initial contact with the alleged
			 victim's legal guardian and the alleged victim of abuse within the OTIS initial
			 contact timeline assigned at screening.
(5) The OTIS investigator must communicate
			 with owner, executive director, operator or central administrator of the child
			 care at the beginning of the investigation to notify them of the allegations,
			 arrange for access to the child care, plan interviews that will take place at
			 the child care, and gain access to names of other children and their parents
			 who may have been a witness or could be a collateral source for the OTIS
			 investigation. The OTIS investigator is not required to communicate with the
			 owner, executive director, operator, or central administrator of the child care
			 if it could compromise a child's safety or a criminal investigation.
(6) The OTIS investigator must provide
			 advanced notification to the Indian tribe of any intent to make contact with an
			 individual on a reservation.
(7)
			 Attempt to interview the following:
(a) The
			 alleged victim in the report. The OTIS investigator must notify the legal
			 guardian of a child prior to any interview with a child, unless notification is
			 prohibited by law or court order or would compromise safety or a criminal
			 investigation.
(b) Any witnesses to
			 the alleged abuse.
(c) The
			 respondent.
(A) If the respondent refuses to
			 be interviewed, this must be documented in the abuse investigation
			 report.
(B) If the respondent does
			 not respond to a request to be interviewed, at least three additional attempts
			 to interview the respondent must be made:
(i)
			 At least one of the additional three attempts must be made by phone to the last
			 known phone number.
(ii) At least
			 one of the additional three attempts must be made by mail to the last known
			 address.
(iii) All attempts to
			 contact the respondent must be documented in the abuse investigation
			 report.
(d)
			 Others who may have knowledge of the facts of the alleged abuse or related
			 circumstances as determined appropriate by the OTIS investigator.