reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules,
			 OAR chapter 419, division 100, prescribe standards and procedures for the
			 investigation of reported abuse, and assessment for and provision of protective
			 services for adults with developmental disabilities in community programs and
			 facilities, and the nature and content of the abuse investigation and
			 protective services report.
(2) The
			 Department's Office of Training, Investigations and Safety (OTIS) has the
			 duties, functions and powers of training, coordinating, assisting, directing
			 and approving the services provided by the Community Developmental Disabilities
			 Programs (CDDP) related to these rules. OTIS is responsible to ensure
			 investigations are conducted in a uniform, objective and thorough
			 manner.
(3) For the purpose of
			 carrying out these rules, Community Developmental Disabilities Programs (CDDP)
			 are Department designees as used in ORS
			 430.731 and
			 430.735 through
			 430.765.
(4) OTIS or CDDP shall receive all reports of
			 alleged abuse, assess the need for protective services and conduct thorough and
			 unbiased investigations to make findings as required by ORS
			 430.735 to
			 430.768 and these
			 rules.
(5) Minors, who are persons
			 under the age of 18 years old and not considered emancipated, may not be named
			 as an accused person in an abuse investigation conducted under these
			 rules.
(6) Alleged abuse of young
			 adults who are 18 through 20 years old who are receiving 24-hour residential
			 services from a facility licensed by the Department for children with
			 developmental disabilities or certified as a child foster home, shall be
			 immediately reported to the Department's child abuse reporting hotline for
			 possible action under other Department rules.
(7) Complaints of alleged abuse of adults
			 while:
(a) A student of an educational
			 provider and the accused person is a school employee, contractor, agent, or
			 volunteer of the student's educational provider shall be reported to OTIS for
			 possible investigation under these rules; or
(b) A patient at the Oregon State Hospital
			 shall be reported to OTIS for possible action under OAR chapter 419, division
			 120.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in ORS
				430.735, the following terms are
				defined as used in OAR chapter 419, division 100.
(1) "Abuse" means as defined in ORS
			 430.735.
(2) "Abuse Investigation and Protective
			 Services Report" means a written report completed under these rules.
(3) "Adult" as defined in ORS
			 430.735 and used in OAR chapter
			 419, division 100 means an individual who is 18 years of age or older with a
			 developmental disability who is:
(a)
			 Currently receiving services from a community program or facility; or
(b) Was previously determined eligible for
			 services as an adult by a community program or facility; and
(c) Is the reported or alleged victim of
			 abuse.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0020 - Training and Qualifications for Individuals Investigating Reports of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS shall
			 provide sufficient and timely training and consultation to ensure that the
			 investigator is able to conduct a thorough and unbiased investigation and make
			 a determination about the alleged abuse.
(a)
			 Training shall include initial and continuing education to address initial
			 action on complaints, screening and conducting investigations.
(b) The training and quarterly meetings shall
			 address the cultural and social diversity of Oregon, and focus on the
			 vulnerable populations served and those who provide services, including
			 trauma-informed practices.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0030 - Initial Action on Complaints of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS or
			 CDDP receiving a complaint alleging abuse shall document the reported
			 information required by ORS
			 430.743 and any additional
			 information reported. OTIS or CDDP shall attempt to elicit the following
			 information from the reporter:
(a) The name,
			 age and present location of the allegedly abused adult;
(b) The names and addresses of the persons,
			 programs or facilities responsible for the adult's care;
(c) The nature and extent of the alleged
			 abuse, including any evidence of previous abuse;
(d) Any information that led the reporter to
			 suspect abuse had occurred;
(e) Any
			 information that the reporter believes might be helpful in establishing the
			 cause of the abuse and the identity of the AP; and
(f) The date of the incident.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0040 - Screening Activities and Initial Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Screening is
			 the process used by an investigator to gather and assess information in order
			 to determine the responses and whether the complaint meets the definition of
			 abuse and there is reasonable cause to believe the abuse of an adult requires
			 investigation as stated in these rules.
(a)
			 The investigator shall document screening activities completed and the
			 information supporting the decision to either assign an abuse investigation or
			 close the complaint at screening.
(b) The investigator shall assure initial
			 notifications, referrals and required cross-reporting are completed.
(c) OTIS or CDDP shall have a protocol to
			 track the outcome of every screening to ensure completion.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0050 - Assessment for and Provision of Protective Services to the Adult

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The investigator shall ensure that
			 appropriate and necessary adult protective services are offered to prevent
			 further abuse. Any protective services provided shall be undertaken in a manner
			 that is least intrusive to the adult and provide for the greatest degree of
			 independence available within existing resources.
(2) An attempt at initial contact with the
			 adult by the end of the next business day of receiving the complaint of alleged
			 abuse shall occur as part of assessing adult protective service needs,
			 determining if the adult is in danger or in need of immediate protective
			 services.
(a) Initial contact as it relates to
			 this section:
(A) Shall be conducted using the
			 least intrusive communication methods available; and
(B) May be conducted by an investigator or
			 the case manager, such as the service coordinator, personal agent or community
			 mental health program.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0060 - Death Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 November 1, 2019, DD case management entities for adults enrolled in community
			 developmental disabilities programs or support service brokerages are required
			 to notify their local DD abuse investigator of all the deaths of adults
			 receiving case management services within one business day of being informed of
			 the death per ODDS policy and in the format required by ODDS or OTIS.
(2) If the investigator or law enforcement
			 reported a death to the medical examiner in cases where there was reasonable
			 cause to believe that an adult has died as a result of abuse, an abuse
			 investigation shall be immediately opened per OAR 419-100-0070. Notifications
			 shall occur in the same manner as all allegations of alleged abuse, outlined in
			 OAR 419-100-0040.
Statutory/Other Authority: ORS
				  409.010,
				  409.050, ORS
				  430.731 & 430.662
Statutes/Other Implemented: ORS
				  430.731,
				  443.875,
				  430.768,
				  443.400 - 443.465, 443.705 -
				  443.825 & ORS 430.735 -
				  430.765
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0070 - Investigation of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investigation
			 of alleged abuse shall be thorough and unbiased.
(a) CDDP may not investigate alleged abuse
			 made against employees of the same CDDP.
(b) Investigations of CDDP staff shall be
			 conducted by OTIS or another CDDP not subject to an actual or potential
			 conflict of interest.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0080 - Abuse Investigation and Protective Services Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The investigator is required to follow the abuse investigation and protective
			 services assessment report formats provided by OTIS.
(2) Within 55 calendar days of receiving the
			 complaint alleging abuse, a completed abuse investigation and protective
			 services report shall be submitted by the investigator to OTIS for approval to
			 close. The report shall include:
(a) A
			 separate statement of the alleged abuse for each allegation
			 investigated;
(b) A list of
			 protective services assessed, offered or provided and determined as needed to
			 the adult;
(c) A list of all
			 witnesses interviewed and a summary of the relevant information provided by
			 each witness;
(d) Relevant records
			 obtained;
(e) A summary of findings
			 and conclusion concerning each alleged abuse allegation;
(f) A specific finding of substantiated or
			 not substantiated for each alleged abuse allegation investigated except those
			 allegations approved to be closed without abuse determination;
(g) Any recommended actions and a
			 determination of whether protective services are needed of the CDDP, brokerage,
			 service provider agency or facility with the timelines for completing these
			 actions;
(h) A list of any notices
			 made to licensing or certifying agencies;
(i) The name and title of the investigator
			 completing the report;
(j) The name
			 and title of the OTIS coordinator or OTIS manager who reviewed the report;
			 and
(k) The date the report is
			 submitted to OTIS for approval.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0090 - Notifications at the Conclusion of an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 an abuse determination is made and the abuse investigation report has been
			 approved to close, OTIS shall make and document the notifications described in
			 this rule. OTIS shall notify the AP as provided in this section:
(a) When a report is determined to be not
			 substantiated under these rules, OTIS shall provide written notice to the
			 AP.
(b) When a report is determined
			 to be substantiated under these rules, OTIS shall send a Notice of Abuse
			 Determination to the AP as provided in this subsection:
(A) The Notice of Abuse Determination with a
			 copy of the redacted abuse investigation report shall be sent to the AP by all
			 of the following:
(i) Regular mail.
(ii) Certified mail with return receipt
			 requested.
(iii) Alternative
			 methods such as fax or electronic mail only when the respondent has requested
			 an alternate method.
(B)
			 The Notice of Abuse Determination shall include the information described in
			 OAR 137-003-0505(1) and (2)(a)  and ORS
			 183.415.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0100 - Disclosure of the Abuse Investigation and Protective Services Report and Related Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Portions of the
			 abuse investigation and protective services report and underlying investigatory
			 documents are confidential and are not available for public inspection.
(a) Pursuant to ORS
			 430.763, names of abuse
			 reporters, witnesses and the adult, as well as photographs of the adult are
			 confidential and may not be available for public inspection.
(b) Investigatory documents, including
			 portions of the abuse investigation and protective services report that
			 contains "individually identifiable health information," as defined under ORS
			 192.556(6) and
			 45 CFR
			 160.103, are confidential under federal
			 Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45
			 CFR Parts 160 and 164, and ORS
			 192.553 through
			 192.581 and
			 179.505 to
			 179.509.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0110 - Department Investigation of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If determined
			 necessary or appropriate, OTIS may conduct an investigation rather than allow
			 the CDDP to investigate the alleged abuse or in addition to the investigation
			 by the CDDP. Under such circumstances, the CDDP shall receive authorization
			 from OTIS before conducting any separate investigation.
(2) OTIS shall conduct all abuse
			 investigations of adults with developmental disability:
(a) Under these rules for adults;
(A) Receiving services in Department-operated
			 residential training homes licensed under ORS
			 443.400; or
(B) When the primary association between the
			 alleged victim and the accused person is due to their role as an educational
			 provider's school employee, contractor, agent, or volunteer.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 100 - ADULT ABUSE INVESTIGATIONS IN DEVELOPMENTAL DISABILITIES SERVICES › Section 419-100-0120 - County Multidisciplinary Teams

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CDDP shall
			 participate in its county Multidisciplinary Team (MDT) to coordinate and
			 collaborate on protective services for the abuse of adults with developmental
			 disabilities or mental illness or both.
(2) All confidential information protected by
			 state and federal law that is shared or obtained by MDT members in the exercise
			 of their duties on the MDT is confidential and may not be further disclosed
			 except as permitted by law.
(3) The
			 CDDP designee or OTIS shall provide an annual report to the MDT reporting the
			 number of substantiated allegations of abuse of adults and the number
			 substantiated allegations referred to law enforcement in the county.
Statutory/Other Authority: ORS
				  409.050,
				  409.010 & 430.731
Statutes/Other Implemented: ORS
				  430.735-430.765,
				  443.400-443.460, 430.662, 430.731 &
				  443.705-443.825
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 105 - SERIOUS EVENT ASSESSMENTS › Section 419-105-0000 - Death Reporting Reviews for Adults in Developmental Disabilities Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 November 1, 2019, Developmental Disabilities (DD) case management entities for
			 adults enrolled in community developmental disabilities programs or support
			 service brokerages are required to notify their local DD abuse investigator of
			 all the deaths of adults receiving case management services within one business
			 day of being informed of the death per the Department's Office of Developmental
			 Disabilities Services (ODDS) policy and in the format required by the
			 Department.
(2) Within one business
			 day of being informed of the adult's death, the investigator shall either:
(a) Immediately inform the Department's
			 Office of Training, Investigations and Safety (OTIS) for deaths of residents of
			 the Department's Stabilization and Crisis Units (SACU) and provide any relevant
			 documents received related to the death; or
(b) Begin a death review and inform the
			 Department in the format provided for these serious incident reviews.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 07/01/2019, these rules, OAR chapter 419, division 110, prescribe the standards
			 and procedures for the investigation of reported abuse, and the assessment for
			 and provision of protective services for adults:
(a) With a severe and persistent mental
			 illness while in mental health treatment from a community program; or
(b) While receiving services for mental
			 illness in a facility.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in ORS
				430.735, the following terms are
				defined as used in OAR chapter 419, division 110.
(1) "Abuse" means as defined in ORS
			 430.735.
(2) "Abuse Investigation and Protective
			 Services Report" means a written report completed under these rules (OAR
			 chapter 419, division 110).
(3)
			 "Adult" as defined in ORS
			 430.735 and used in OAR chapter
			 419, division 110 means an individual who is 18 years of age or older:
(a) With a severe and persistent mental
			 illness and is receiving mental health treatment from a community program;
			 or
(b) Who is receiving services
			 for a mental illness in a facility; and
(c) Is the reported or alleged victim of
			 abuse.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0020 - Training for Individuals Investigating Reports of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS shall provide sufficient and timely
			 training and consultation to ensure that the investigator is able to conduct a
			 thorough and unbiased investigation and make a determination about the alleged
			 abuse.
(a) Training shall include initial and
			 continuing education to address initial action on complaints, screening and
			 conducting abuse investigations.
(b) The training and quarterly meetings shall
			 address the cultural and social diversity of Oregon, focus on the vulnerable
			 populations served and those who provide services, and include trauma-informed
			 practices.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0030 - Initial Action on Complaints of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS or
			 CMHP receiving a complaint alleging abuse shall document the reported
			 information required by ORS
			 430.743 and any additional
			 information reported. OTIS or CMHP shall attempt to elicit the following
			 information from the reporter:
(a) The name,
			 age and present location of the allegedly abused adult;
(b) The names and addresses of the persons,
			 programs or facilities responsible for the adult's care;
(c) The nature and extent of the alleged
			 abuse, including any evidence of previous abuse;
(d) Any information that led the reporter to
			 suspect abuse occurred;
(e) Any
			 other information that the reporter believes might be helpful in establishing
			 the cause of the abuse and the identity of the AP; and
(f) The date of the incident.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0040 - Screening Activities and Initial Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Screening is
			 the process used by an investigator to gather and assess information in order
			 to determine the responses and whether the complaint meets the definition of
			 abuse and there is reasonable cause to believe the abuse of an adult requires
			 investigation as stated in these rules, OAR chapter 419, division 110.
(a) The investigator shall document screening
			 activities completed and the information supporting the decision to either
			 assign an abuse investigation or close the complaint at screening.
(b) The investigator shall assure initial
			 notifications, referrals and required cross-reporting are completed.
(c) OTIS or CMHP shall have a protocol to
			 track the outcome of every screening to ensure completion.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0050 - Assessment for and Provision of Protective Services to the Adult

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The investigator shall ensure that
			 appropriate and necessary adult protective services are offered to prevent
			 further abuse. Any protective services provided shall be undertaken in a manner
			 that is least intrusive to the adult and provide for the greatest degree of
			 independence available within existing resources.
(2) An attempt at initial contact with the
			 adult by the end of the next business day of receiving the complaint of alleged
			 abuse shall occur as part of assessing adult protective service needs,
			 determining if the adult is in danger or in need of immediate protective
			 services.
(a) Initial contact as it relates to
			 this section:
(A) Shall be conducted using the
			 least intrusive communication methods available; and
(B) May be conducted by an investigator or
			 the adult's community program case manager.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0060 - Death Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 investigator reported a death to the medical examiner in cases where there was
			 reasonable cause to believe that an adult has died as a result of abuse, an
			 abuse investigation shall be immediately opened. Notifications shall occur in
			 the same manner as all allegations of alleged abuse, outlined in OAR
			 419-110-0040.
(2) CMHP shall notify
			 OTIS of all the deaths of adults with SPMI receiving mental health treatment
			 from a community program or services for mental illness in a facility within
			 one business day of being informed of the adult's death.
(3) CMHP shall report the death to OTIS via
			 the format developed for death reporting. Upon receipt of the death reporting
			 notice, OTIS shall assign a distinct case number for this special screening
			 review and notify OHA HSD.
(4) The
			 investigator shall complete a death review screening report using the OTIS
			 provided format within 55 calendar days of receiving the report of the adult's
			 death.
(5) The death review
			 consists of ascertaining if abuse was a factor in the adult's death. This
			 includes but is not limited to:
(a) A review
			 of the adult's CMHP records for at least the past year;
(b) A review of service provider records for
			 the adult if mental health treatment services were provided by a community
			 program contractor;
(c) A review of
			 facility records if the adult received licensed residential services;
(d) Any other relevant records, including but
			 not limited to the police reports; and
(e) Any relevant information provided by
			 individuals contacted related to the death review.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0070 - Investigation of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investigation
			 of alleged abuse shall be thorough and unbiased.
(a) CMHP may not investigate allegations of
			 abuse made against employees of the same CMHP.
(b) Investigations of CMHP staff shall be
			 conducted by OTIS or another CMHP not subject to an actual or potential
			 conflict of interest.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0080 - Abuse Investigation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 investigator is required to follow the abuse investigation and protective
			 services assessment report formats provided by OTIS.
(2) Within 55 calendar days of receiving the
			 complaint alleging abuse, a completed abuse investigation report shall be
			 submitted by the investigator to OTIS for approval to close. The report shall
			 include:
(a) A separate statement of the
			 alleged abuse for each allegation investigated;
(b) The assessment of protective services,
			 including those offered or provided and determined as needed to the
			 adult;
(c) A list of all witnesses
			 interviewed and a summary of the relevant information provided by each
			 witness;
(d) Relevant records
			 obtained;
(e) A summary of findings
			 and a conclusion concerning each alleged abuse allegation;
(f) A specific finding of substantiated or
			 not substantiated for each alleged abuse allegation investigated except those
			 allegations approved to be closed without abuse determination;
(g) Any recommended actions and a
			 determination of whether protective services are needed of the community
			 program or facility with the timelines for completing these actions;
(h) A list of any notices to be made to
			 licensing or certifying agencies;
(i) The name and title of the investigator
			 completing the report;
(j) The name
			 and title of the OTIS coordinator or OTIS manager who reviewed the report;
			 and
(k) The date the report is
			 submitted to OTIS for approval.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0090 - Notification of Outcome

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After an abuse
			 investigation report has been approved to close under OAR 419-110-0080, OTIS
			 shall notify the AP of the outcome as provided in this section.
(a) OTIS shall provide a written notice of
			 outcome to the AP for allegations determined as not substantiated under these
			 rules.
(b) When an allegation is
			 determined to be substantiated under these rules, OTIS shall send a Notice of
			 Abuse Determination with a copy of the redacted abuse investigation report. The
			 Notice of Abuse Determination shall include the information described in OAR
			 137-003-0505(1) and (2)(a)  and ORS
			 183.415.
(c) The notices sent to the AP shall be by
			 all of the following:
(A) Regular
			 mail.
(B) Certified mail with
			 return receipt requested.
(C)
			 Alternative methods such as fax or electronic mail, when the respondent has
			 requested an alternate method.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0100 - Disclosure of the Abuse Investigation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Portions of the abuse investigation report and underlying investigatory
			 documents are confidential and are not available for public inspection.
(a) Pursuant to ORS
			 430.763, names of abuse
			 reporters, witnesses and the adult, as well as photographs of the adult are
			 confidential and shall not be available for public inspection.
(b) Investigatory documents, including
			 portions of the abuse investigation report and the protective services
			 assessment contains "individually identifiable health information" as defined
			 under ORS 192.556(6) and
			 45 CFR
			 160.103, and are confidential under federal
			 Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45
			 CFR Parts 160 and 164, ORS
			 192.553 through
			 192.581 and
			 179.505 to
			 179.509.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0110 - Department Investigation of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If determined
			 necessary or appropriate, OTIS may conduct an investigation rather than allow
			 the CMHP to investigate the alleged abuse or in addition to the investigation
			 by the CMHP. Under such circumstances, the CMHP shall receive authorization
			 from OTIS before conducting any separate investigation.
(2) OTIS shall conduct all abuse
			 investigations involving adults defined in ORS
			 430.735(2):
(a) Under these rules, OAR chapter 419,
			 division 110 for adults receiving services in an Authority-operated facility
			 licensed under ORS 443.400.
(b) Under OAR chapter 419, division 100 for
			 adults with developmental disabilities in a Department-operated residential
			 training home, or
(c) OAR chapter
			 419, division 120 for patients of the state hospitals.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 110 - ADULT ABUSE INVESTIGATIONS IN MENTAL HEALTH SERVICES › Section 419-110-0120 - County Multidisciplinary Teams

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CMHP shall
			 participate in its county Multidisciplinary Team (MDT) to coordinate and
			 collaborate on protective services for the abuse of adults with developmental
			 disabilities or mental illness or both.
(2) All confidential information protected by
			 state and federal law that is shared or obtained by MDT members in the exercise
			 of their duties on the MDT is confidential and may not be further disclosed
			 except as permitted by law.
(3) The
			 CMHP designee or OTIS shall provide an annual report to the MDT reporting the
			 number of investigated and substantiated allegations of abuse of adults and the
			 number referred to law enforcement in the county.
Statutory/Other Authority: ORS
				  409.010,
				  409.050,
				  413.085 & ORS
				  430.731
Statutes/Other Implemented: ORS
				  430.731, ORS
				  409.027,
				  443.875,
				  430.610 to
				  430.695,
				  430.735 to
				  430.765,
				  430.768,
				  443.400 to
				  443.465,
				  443.705 - 443.825 &
				  413.036
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules, OAR chapter 419, division 120, is to establish the procedures for
			 reporting, investigating and resolving allegations of patient abuse in the
			 Oregon State Hospitals.
(2) The
			 Department's Office of Training, Investigations and Safety (OTIS) has the
			 duties, functions and powers of ensuring investigations of alleged patient
			 abuse at the state hospitals are conducted in a uniform, objective and thorough
			 manner.
(3) OTIS shall:
(a) Receive all mandatory reports of alleged
			 patient abuse by state hospital staff or visitors;
(b) Coordinate the assessment for protective
			 services with the state hospital; and
(c) Conduct thorough and unbiased the
			 investigations to make abuse findings as required by ORS
			 430.735 to
			 430.768 and these
			 rules.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 419, division 120, the following
				definitions apply:
(1) "Abuse" means
			 as defined in ORS 430.735.
(2) "Abuse Investigation and Protective
			 Services Report" means a written report completed under these rules (OAR
			 chapter 419, division 120).
(3)
			 "Adult" as used in OAR chapter 419, division 120 means an individual who is 18
			 years of age or older and receiving services for a mental illness in a state
			 hospital.
(4) "Adult protective
			 services" as defined in ORS
			 430.735 means the necessary
			 actions taken to prevent abuse or exploitation of an adult, to prevent
			 self-destructive acts, and to safeguard an allegedly abused adult's person,
			 property, or funds, including petitioning for a protective order as defined in
			 ORS 125.005. Any actions taken to
			 protect an adult must be undertaken in a manner that is least intrusive to the
			 adult and provides for the greatest degree of independence.
(5) "Accused Person" (AP) means the OSH staff
			 or visitor who is the respondent in an abuse investigation under these rules,
			 alleged or determined to have committed abuse of a patient.
(6) "Alleged victim" means the patient who is
			 reported, alleged or determined to be subjected to abuse.
(7) "Authority" means the Oregon Health
			 Authority (OHA).
(8) "Caregiver" as
			 defined in ORS 430.735 means an individual,
			 whether paid or unpaid, or a facility that has assumed responsibility for all
			 or a portion of the care of an adult as a result of a contract or
			 agreement.
(9) "Closed without
			 abuse determination" means after diligent efforts have been made, the
			 investigator is unable to locate the AP, the alleged victim or another
			 individual who might have information critical to the outcome of the
			 investigation; or relevant records or documents are unavailable, so that the
			 investigation cannot be completed.
(10) "Department" means the Oregon Department
			 of Human Services (ODHS).
(11)
			 "Exception for religious practice" means as defined in ORS
			 430.765 an adult who in good
			 faith is voluntarily under treatment solely by spiritual means through prayer
			 in accordance with the tenets and practices of a recognized church or religious
			 denomination by a duly accredited practitioner shall for this reason alone not
			 be considered subjected to abuse under ORS
			 430.735 to
			 430.765.
(12) "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.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0020 - Training for Individuals Investigating Reports of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OTIS shall provide sufficient and timely
			 training and consultation to ensure that the investigator is able to conduct a
			 thorough and unbiased investigation and make a determination about the alleged
			 abuse.
(a) Training shall include initial and
			 continuing education to address initial action on complaints, screen and
			 conduct abuse investigations.
(b)
			 The training shall address the cultural and social diversity of Oregon, and
			 focus on the vulnerable populations served and those who provide services, and
			 include trauma-informed practices.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0030 - Initial Action on Complaints of Alleged Abuse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State
			 hospital staff are required to immediately report alleged abuse of patients to:
(a) The Department's OTIS either by phone or
			 in writing; and
(b) The OSH
			 Superintendent or their designee.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0040 - Screening Activities and Initial Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Screening is
			 the trained process used to gather and assess information in order to determine
			 the responses and whether the complaint meets the definition of abuse and there
			 is reasonable cause to believe the abuse of a patient requires investigation as
			 stated in these rules, OAR chapter 419, division 120.
(a) The investigator shall document screening
			 activities completed and the information supporting the decision to either
			 assign an abuse investigation or close the complaint at screening.
(b) The investigator shall assure initial
			 notifications, referrals and required cross-reporting are completed.
(c) The investigator shall immediately,
			 within one business day, begin to assess and assure protective services, in
			 collaboration with OSH, regardless if the complaint of alleged abuse is
			 assigned for investigation or closed at screening.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0050 - Assessment for and Provision of Protective Services for Patients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a mandatory report of
			 alleged abuse, OTIS shall contact OSH to begin assessing needed or provided
			 protective services, in collaboration with OSH.
(a) An attempt at direct contact with the
			 alleged victim by OTIS or facilitated by OSH upon OTIS request, by the end of
			 the next business day of receiving the complaint of alleged abuse shall occur
			 as part of assessing protective service needs, determining if the alleged
			 victim is in danger or in need of immediate protective services.
(b) OTIS or OSH may delay direct contact if
			 the patient's clinician states a health, safety or well-being concern
			 exists.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0060 - Investigation by the Department's Office of Training, Investigations and Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investigation
			 of allegations of abuse shall be thorough and unbiased by a trained OTIS
			 investigator. OSH must provide the investigator access to employees, patients
			 and the premises for investigation purposes.
(2) In conducting the abuse investigation,
			 the investigator shall attempt and, when possible, complete the following:
(a) Make in-person contact with the alleged
			 victim;
(b) Interview the alleged
			 victim, witnesses, the AP and others who may have knowledge of the facts of the
			 abuse allegation or related circumstances.
(A)
			 Interviews shall be conducted in-person where practicable.
(B) For any person interviewed who needs an
			 accommodation, such as language translation or other accommodation, the
			 investigator shall note the information in the investigation report.
(C) The investigator to ask the date of birth
			 for each individual interviewed and shall obtain the date of birth of any
			 AP.
(D) If the AP is an OSH
			 visitor, the investigator shall ask if the AP is a Department or Authority
			 employee or volunteer, and document the response as part of the investigation
			 information.
(i) If affirmed, the AP must be
			 given the Department form letter that outlines the required obligation to
			 notify ODHS/OHA Human Resource; and
(ii) The investigator must ensure the
			 findings in the approved abuse investigation report, including notice of
			 outcome and final orders are provided to the ODHS/OHA Human Resources for
			 follow-up.
(E) The
			 investigator shall document any relevant investigative interviews that did not
			 occur, efforts made and the reasoning.
(i) The
			 investigator shall make at least three attempts to contact the AP for an
			 investigative interview when no response to an interview request
			 occurs.
(ii) At least one attempt
			 shall be made by phone to the last known number and one by mail to the last
			 known address.
(iii) OTIS shall
			 notify the ODHS| OHA Human Resources by copy of any written correspondences
			 sent to an OSH staff.
(c) Review all records or evidence relevant
			 and material to the complaint; and
(d) Photograph the alleged victim's injuries
			 consistent with trained guidelines, or arrange for the alleged victim to be
			 photographed, to preserve evidence of the condition of the alleged victim at
			 the time of investigation, unless the alleged victim knowingly refuses to be
			 photographed or clinically contraindicated due to health, safety and
			 well-being.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0070 - Abuse Investigation and Protective Services Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OTIS shall provide a completed abuse investigation and protective services
			 report within 60 calendar days to ODHS| OHA Human Resources and OSH
			 Superintendent.
(a) 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. The request shall detail the need for an
			 extension.
(b) Upon written
			 approval, the investigator shall advise of the new due date to the:
(A) AP;
(B) ODHS| OHA Human Resources; and
(C) OSH Superintendent, who will be
			 responsible for guardian notification.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0080 - Notifications at the Conclusion of an Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 an abuse determination is made and the abuse investigation report has been
			 approved to close, OTIS must make and document the notifications described in
			 this rule.
(2) OTIS must notify the
			 AP as provided in this section:
(a) When a
			 report is determined to be not substantiated under these rules, OTIS must
			 provide written notice to the AP.
(b) When a report is determined to be
			 substantiated under these rules, OTIS must send a Notice of Abuse Determination
			 to the AP as provided in this subsection:
(A)
			 The Notice of Abuse Determinationwith a copy of the redacted abuse
			 investigation report must be sent to the AP by all of the following:
(i) Regular mail.
(ii) Certified mail with return receipt
			 requested.
(iii) Alternative
			 methods such as fax or electronic mail only when the respondent has requested
			 an alternate method.
(B)
			 The Notice of Abuse Determination must include the information described in OAR
			 137-003-0505(1) and (2)(a)  and ORS
			 183.415.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS › Section 419-120-0090 - Disclosure of Investigation Report and Related Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Portions of the abuse investigation report and underlying investigatory
			 documents are confidential and are not available for public inspection.
(a) Pursuant to ORS
			 430.763, names of abuse
			 reporters, witnesses and the alleged victim, as well as photographs of the
			 patient are confidential and shall not be available for public
			 inspection.
(b) Investigatory
			 documents, including portions of the abuse investigation report and the
			 protective services assessment contains "individually identifiable health
			 information" as defined under ORS
			 192.556(6) and
			 45 CFR
			 160.103, and are confidential under federal
			 Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45
			 CFR Parts 160 and 164, ORS
			 192.553 through
			 192.581 and
			 179.505 to
			 179.509.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 130 - ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES › Section 419-130-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 January 1, 2020, OAR chapter 419, division 130 establishes the Oregon
			 Department of Human Services (ODHS) Office of Training, Investigations and
			 Safety (OTIS) rules for investigating and assessing the provision of protective
			 services related to allegations of abuse of adults receiving residential
			 treatment services for a substance use disorder (SUD) from a facility licensed
			 by the Oregon Health Authority (OHA).
(2) OTIS shall conduct thorough and unbiased
			 investigations to make abuse findings and assess protective services in
			 coordination with the Oregon Health Authority (OHA) Health Systems Division
			 (HSD) as an evaluation of resident health and safety in SUD residential
			 treatment services.
(3) These rules
			 also describe the procedures to provide an accused person or provider (AP) with
			 a Department administrative review of a substantiated abuse finding determined
			 upon closure of an investigation opened under these rules, prior to issuing a
			 final order.
(4) OTIS shall follow
			 the requirements in these rules and ORS
			 430.735 through
			 430.765. When state law and code
			 of federal regulations (CFR) conflict related to confidentiality of SUD
			 patient-identifying information records (42 CFR, Part 2, Oct. 1, 2018), the
			 Department and OHA shall defer to federal law. Of note:
(a) OTIS may receive and share Part 2
			 patient-identifying information and records from HSD regulated SUD residential
			 treatment facilities as described in (2) of this rule for evaluating serious
			 events as part of screening for possible abuse investigation;
(b) OTIS may not use or re-disclose Part 2
			 patient-identifying information received during investigations unless a
			 specific written patient release of records is obtained; and
(c) OTIS shall securely retain all Part 2 SUD
			 patient-identifying information and records received in (a) and (b) in
			 accordance to the retention schedule established by the Department for abuse
			 investigation reports.