reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0240 - Investigations in Schools: Notifications at the Conclusion of Screening

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0250 - Investigations in Schools: 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) Share
			 information and coordinate with Department personnel or other appropriate
			 entities who have responsibilities to children associated with the report of
			 abuse.
(3) Make initial contact
			 with the alleged victim of abuse within the OTIS initial contact time line
			 assigned at screening. When an alleged victim is currently a child the OTIS
			 investigator must attempt to contact the alleged victim's legal guardian within
			 the OTIS initial contact timeline assigned at screening.
(4) The OTIS investigator must provide
			 advanced notification to the Indian tribe of any intent to make contact with an
			 individual on a reservation.
(5)
			 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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0260 - Investigations in Schools: Exception to Completing an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0270 - Investigations in Schools: Abuse Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 407-047-0260  (Exception to Completing an Investigation), an
			 abuse determination must be made for all reports of abuse that are determined
			 to require an investigation under OAR 407-047-0220.
(a) When making an abuse determination the
			 standard of proof is reasonable cause to believe.
(b) Based on the available evidence after
			 conducting an investigation, the possible abuse determinations are:
(A) "Founded," which means there is
			 reasonable cause to believe the abuse occurred.
(B) "Unfounded," which means there is no
			 evidence the abuse occurred.
(C)
			 "Unable to Determine," which means there is insufficient evidence to conclude
			 that there is reasonable cause to believe the abuse occurred. "Unable to
			 Determine" may only be used in the following circumstances:
(i) After extensive efforts have been made,
			 the OTIS investigator is unable to locate the alleged victim; or
(ii) After completing the investigation,
			 there is insufficient information to support an abuse determination of founded
			 or unfounded; and the alleged victim is unable or unwilling to provide
			 consistent information; or there is conflicting information from collateral
			 contacts.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0273 - Investigations in Schools: Abuse Determinations Involving Seclusion or Restraint

Current through Register Vol. 63, No. 7, July 1, 2024
For abuse determinations for incidents occurring on or after
				July 1, 2023 involving alleged abuse in the use of seclusion or restraint
				defined in OAR 407-047-0270.
(1) When
			 OTIS finds the reported abuse is founded, OTIS shall determine that the public
			 education program is responsible for the abuse if any of the following apply:
(a) The abuse involved the use of restraint
			 or seclusion and the public education program failed to ensure that a
			 sufficient number of personnel, appropriately trained in the use of restraint
			 and seclusion, were available to comply with the individualized education
			 programs, 504 Plans and behavior intervention plans of the students who were
			 present in the setting where the abuse occurred at the time the abuse
			 occurred.
(b) The abuse involved
			 the use of restraint, seclusion or neglect and the public education program
			 failed to:
(A) Provide the personnel involved
			 with the restraint, seclusion or neglect with access to the student's
			 individualized education program, 504 Plan or behavior intervention program or
			 failed to provide the personnel with adequate training to appropriately perform
			 health-related or personal care tasks; and
(B) The personnel were not aware of, and
			 failed to provide the services and supports in the manner required by, the
			 student's individualized education program, 504 Plan or behavior
			 plan.
(c) The abuse
			 involved the use of restraint or seclusion, a superior ordered personnel to
			 impose the restraint or seclusion, and the personnel who imposed the restraint
			 or seclusion reasonably believed that failure to comply with the order would
			 result in termination or discipline.
(d) The abuse involved the use of restraint
			 or seclusion and the public education program failed to ensure that the
			 personnel who imposed the restraint or seclusion were appropriately trained in
			 the use of restraint and seclusion;
(A) The
			 personnel who imposed the restraint or seclusion reasonably believed that
			 failure to impose the restraint or seclusion would lead to serious bodily
			 injury of the student or others; and
(B) If the personnel imposed a restraint, it
			 was not a type of restraint prohibited under ORS
			 339.288.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0280 - Investigations in Schools: Abuse Investigation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0290 - Investigations in Schools: Notifications at the Conclusion of an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
After an abuse determination is made and the abuse
				investigation report has been approved, OTIS must make and document the
				notifications described in this rule.
(1) OTIS must notify law enforcement of the
			 abuse determination and may provide a copy of the unredacted abuse
			 investigation report.
(2) OTIS must
			 make diligent efforts to notify the reporter, if contact information was
			 provided, of the following information:
(a)
			 Whether contact with the child was made, and
(b) Whether OTIS determined abuse
			 occurred.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0295 - Investigations in Schools: Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  183.411  to
				  183.471  & ORS
				  419B.005 to
				  419B.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0305

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  183.411  to
				  183.471
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0400 - Investigations in Child Care: Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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 407-047-0400  through 407-047-0500, 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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0410 - Investigations in Child Care: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to these rules, OAR 407-047-0400  through 407-047-0500:
(1) "Abuse" has the same meaning as defined
			 in ORS 419B.005 (see OAR
			 407-047-0470(2)).
(2) "Abuse
			 determination" means the determination OTIS makes after an investigation under
			 these rules (407-047-0400  through 407-047-0500) that a report of abuse is
			 founded, unfounded or unable to determine as described in OAR
			 407-047-0470.
(3) "Abuse
			 investigation report" means the report the OTIS investigator completes as
			 provided in OAR 407-047-0480  on a report of abuse that is determined to require
			 an investigation under OAR 407-047-0430(1)(a).
(4) "Alleged victim" means the child who is
			 reported, alleged or determined to be subjected to abuse under these rules
			 (407-047-0400  through 407-047-0500).
(5) "Business days" means all consecutive
			 calendar days, not counting Saturdays, Sundays and legal holidays as defined in
			 ORS 187.010.
(6) "Child" means an unmarried person who:
(a) Is under 18 years of age; or
(b) Is a child in care, as defined in ORS
			 418.257.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0420 - Investigations in Child Care: Screening Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0430 - Investigations in Child Care: Determining Response

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based on information gathered in OAR
			 407-047-0420, an OTIS investigator must determine the OTIS response, which must
			 be one of the following:
(a) An investigation
			 is required under section (2) of this rule.
(b) An investigation is not required under
			 section (2) of this rule and the report will be closed at screening as provided
			 in section (4).
(c) Refer to other
			 investigative authority as provided in section (5).
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0440 - Investigations in Child Care: Notifications at the Conclusion of Screening

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0460 - Investigations in Child Care: Exception to Completing an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0470 - Investigations in Child Care: Abuse Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 407-047-0460  (Exception to Completing an Investigation), an
			 abuse determination must be made for all reports of abuse that are determined
			 to require an investigation under OAR 407-047-0430.
(a) When making an abuse determination, the
			 standard of proof is reasonable cause to believe.
(b) Based on the available evidence after
			 conducting an investigation, the possible abuse determinations are:
(A) "Founded," which means there is
			 reasonable cause to believe the abuse occurred.
(B) "Unfounded," which means there is no
			 evidence the abuse occurred.
(C)
			 "Unable to Determine," which means there is insufficient evidence to conclude
			 that there is reasonable cause to believe the abuse occurred. "Unable to
			 Determine" may only be used in the following circumstances:
(i) After extensive efforts have been made,
			 the OTIS investigator is unable to locate the alleged victim; or
(ii) After completing the investigation,
			 there is insufficient information to support an abuse determination of Founded
			 or Unfounded and the alleged victim is unable or unwilling to provide
			 consistent information or there is conflicting information from collateral
			 contacts.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0480 - Investigations in Child Care: Abuse Investigation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0490 - Investigations in Child Care: Notifications at the Conclusion of an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
After an abuse determination is made and the abuse
				investigation report has been approved, OTIS must make and document the
				following notifications:
(1) OTIS must
			 notify law enforcement of the abuse determination and may provide a unredacted
			 copy of the abuse investigation report.
(2) OTIS must make diligent efforts to notify
			 the reporter, if contact information was provided, of the following
			 information:
(a) Whether contact with the
			 child was made, and
(b) Whether
			 OTIS determined abuse occurred.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0500 - Investigations in Child Care: Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0510

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341  & 409.050
Statutes/Other Implemented: ORS
				  183.411-183.471  & 419B.005 to 419B.05
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0520

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341  & 409.050
Statutes/Other Implemented: ORS
				  183.411-183.471  & 419B.005 to 419B.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0600 - Investigations of Third-Party: Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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 407-047-0600  to 407-047-0710, 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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0610 - Investigations of Third-Party: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to these rules, OAR 407-047-0600  through 407-047-0710:
(1) "Abuse" has the same meaning as defined
			 in 419B.005 (see OAR 407-047-0670 (2)).
(2) "Abuse determination" means the
			 determination OTIS makes after an investigation under these rules (OAR
			 407-047-0600  through 407-047-0710) that a report of abuse is founded,
			 unfounded, or unable to determine as described in OAR
			 407-047-0680(1).
(3) "Abuse
			 investigation report" means the report the OTIS investigator completes as
			 provided in OAR 407-047-0690  on a report of abuse that is determined to require
			 an investigation under OAR 407-047-0630  or OAR 407-047-0640.
(4) "Alleged victim" means the child who is
			 reported, alleged, or determined to be subjected to abuse under these rules
			 (OAR 407-047-0600  through 407-047-0710).
(5) "Business days" means all consecutive
			 calendar days, not counting Saturdays, Sundays and legal holidays as defined in
			 ORS
			 187.010.
(6) "Child" means an unmarried person who is
			 under 18 years of age.
(7)
			 "Department" means the Oregon Department of Human Services (ODHS).
(8) "Indian child" as defined in
			 25
			 U.S.C. §
									1903(4) means
			 any unmarried individual who is under age 18 and either:
(a) Is a member or citizen of an Indian
			 tribe; or
(b) Is eligible for
			 membership or citizenship in an Indian tribe and is the biological child of a
			 member or citizen of an Indian tribe.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0620 - Investigations of Third-Party: Screening Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0630 - Investigations of Third-Party: Determining OTIS Response for Third-Party Professionals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Based on information gathered in OAR 407-047-0620, an OTIS investigator must
			 determine the OTIS response, which must be one of the following:
(a) An investigation is required under
			 section (2) of this rule,
(b) An
			 investigation is not required under section (2) of this rule and the report
			 will be closed at screening as provided in section (4) or
(c) Refer to other investigative authority as
			 provided in section (5).
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0640 - Investigations of Third-Party: Determining OTIS Response for Other Third-Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based on
			 information gathered in OAR 407-047-0620, an OTIS investigator must determine
			 the OTIS response, which must be one of the following:
(a) An investigation is required under
			 section (2) of this rule.
(b) An
			 investigation is not required under section (2) of this rule and the report
			 will be closed at screening as provided in section (4).
(c) Refer to other investigative authority as
			 provided in section (5).
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0650 - Investigations of Third-Party: Notifications at the Conclusion of Screening

Current through Register Vol. 63, No. 7, July 1, 2024
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
			 419B.035.
(h) Any individual, administrative hearings
			 officer, court, agency, organization, other entity when determined necessary
			 under ORS 419B.035(3).
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0660 - Investigations of Third-Party: 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, if
			 applicable, 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) Share information and coordinate with
			 Department personnel or other appropriate entities who have responsibilities to
			 the child associated with the report of abuse.
(3) Make initial contact with the alleged
			 victim of abuse within the OTIS initial contact timeline assigned at screening.
			 When an alleged victim is currently a child the OTIS investigator must attempt
			 to contact the alleged victim's legal guardian within the OTIS initial contact
			 timeline assigned at screening.
(4)
			 The OTIS investigator must provide advanced notification to the Indian tribe of
			 any intent to make contact with an individual on a reservation.
(5) 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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0670 - Investigations of Third-Party: Exception to Completing an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0680 - Investigations of Third-Party: Abuse Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Abuse
			 Determination Requirements.
(a) Except as
			 provided in OAR 407-047-0670  (Exception to Completing an Investigation), an
			 abuse determination must be made for all reports of abuse that are determined
			 to require an investigation.
(b)
			 When making an abuse determination, the standard of proof is reasonable cause
			 to believe.
(c) Based on the
			 available evidence after conducting an investigation, the possible abuse
			 determinations are:
(A) "Founded," which means
			 there is reasonable cause to believe the abuse occurred.
(B) "Unfounded," which means there is no
			 evidence the abuse occurred.
(C)
			 "Unable to Determine," which means there is some indication that the abuse
			 occurred but there is insufficient evidence to conclude that there is
			 reasonable cause to believe that the abuse occurred. "Unable to Determine" may
			 only be used in the following circumstances:
(i) After extensive efforts have been made,
			 the OTIS investigator is unable to locate the alleged victim; or
(ii) After completing the investigation,
			 there is insufficient information to support an abuse determination of Founded
			 or Unfounded and the alleged victim is unable or unwilling to provide
			 consistent information or there is conflicting information from collateral
			 contacts.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0690 - Investigations of Third-Party: Abuse Investigation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0700 - Investigations of Third-Party: Notifications and Report Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
After an abuse determination is made and the abuse
				investigation report has been approved, OTIS must make and document the
				following notifications:
(1) OTIS must
			 notify law enforcement of the abuse determination and may provide a unredacted
			 copy of the abuse investigation report.
(2) OTIS must make diligent efforts to notify
			 the reporter, if contact information was provided, of the following
			 information:
(a) Whether contact with the
			 child was made, and
(b) Whether
			 OTIS determined abuse occurred.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0710 - Investigations of Third-Party: Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0720

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  183.411-183.471  & ORS
				  419B.005 to
				  419B.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 47 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD ABUSE › Section 407-047-0730

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341  & 409.050
Statutes/Other Implemented: ORS
				  183.411-183.471  & 419B.005 to 419B.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0000 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 & ORS 418.351  to 418.357
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0005 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0010 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0020 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0030 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0040 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0050 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0060 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0070 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0080 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0090 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357, ORS
				  419B.005 to
				  419B.050  & ORS
				  418.205  to
				  418.327
Statutes/Other Implemented: ORS
				  409.050, ORS
				  419B.005 to
				  419B.050  & ORS
				  418.205  to
				  418.327
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0100 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0110 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357 & ORS
				  419B.005 to
				  419B.050
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 49 - RENUMBERED › Section 407-049-0120 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050, ORS 418.351 to
				  418.357, ORS
				  419B.005 to
				  419B.050  & ORS
				  183.341
Statutes/Other Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 50 - MEDICARE PART D AUTHORIZED DECISION MAKERS › Section 407-050-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth parameters concerning who can make
				decisions and take action on behalf of individuals who are incapable of making
				their own Medicare Part D Decisions. The decisions and actions include choosing
				a Medicare Part D prescription drug plan or a Part C Medicare Advantage Plan
				and filing drug coverage exceptions and appeals, and pursuing grievances with
				Medicare Part C or D plan sponsors and the federal Centers for Medicare and
				Medicaid Services (CMS). These rules only pertain to those individuals who
				receive benefits or services, which are provided by, operated by, authorized or
				funded by Oregon Department of Human Services (Department). Those acting under
				the authority of this rule must do so with the express purpose of meeting the
				pharmaceutical and medical needs of the individual receiving the
				assistance.
Stat. Auth.: ORS
				  409.050,
				  410.070,
				  410.090,
				  411.116,
				  426.500 &
				  430.640
Stats. Implemented: ORS
				  409.010,
				  410.250,
				  410.280,
				  410.020,
				  411.060,
				  426.490 &
				  430.630
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 50 - MEDICARE PART D AUTHORIZED DECISION MAKERS › Section 407-050-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authorized
			 Representative" for purposes of these rules means one of the following, as
			 determined in accordance with these rules:
(a) Closest Available Relative;
(b) Friend or Advocate;
(c) Department Case Manager/Eligibility
			 Specialist or Department Social Worker or designee named by the Department
			 office responsible for enrollment;
(d) Owner, operator, or employee of a
			 Department licensed or certified residential service, nursing home, foster
			 home, or a Brokerage funded by the Department to provide Developmental
			 Disability Support Services.