OAR 407-045-0190
Adult Mental Health Abuse Rules: Investigation of Alleged Abuse

(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.
(2) In conducting an abuse investigation, the investigator shall attempt and, when possible, complete the following:
(a) Make in-person contact with the adult;
(b) Interview the adult, witnesses, the AP and other individuals who may have knowledge of the facts of the alleged abuse or related circumstances.
(A) Interviews shall be conducted in-person where practicable.
(B) For any person who needs an accommodation for the interview, such as language translation or other reasonable accommodation, the investigator shall note the information in the investigation report.
(C) The investigator shall ask the date of birth for each individual interviewed and shall obtain the date of birth of any AP.
(D) The investigator shall ask the AP if they are a Department or Authority employee or volunteer and document the response as part of the investigation interview information. If affirmed, the investigator shall give the AP the DHS/OHA form letter that outlines their required obligation to notify DHS/OHA Human Resources.
(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reason for no interview.
(F) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs. At least one attempt shall be made by phone to the last known number and one by mail to the last known address.
(c) Review all records or evidence relevant and material to the complaint; and
(d) Photograph the adult’s injuries consistent with trained guidelines, or arrange for the adult to be photographed, to preserve evidence of the condition of the alleged victim at the time of investigation, unless the adult knowingly refuses to be photographed.
(3) The investigator may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation. A community program or facility shall provide the investigator access to employees, the adult and the premises for investigation purposes.
(a) Any relevant record used in an investigative interview shall be noted in the respective witness statement; and
(b) The relevant record shall be included as supporting document in the submitted investigation report.
(4) OTIS approval to close any abuse investigation opened under these rules, OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams), by the CMHP is required.
(5) Any variance from the investigative processes in this rule shall be staffed and approved by OTIS. The reason for the variance and the name of the OTIS coordinator or OTIS manager who approved the variance shall be documented clearly in the investigative report.
(6) If the investigator believes an allegation meets the conditions to be considered closed without an abuse determination, then OTIS approval to close shall be obtained.
(a) Investigative efforts and information obtained as described in (2) of this section shall be documented in the written report submitted for Department approval to close.
(b) The investigator is responsible for informing persons or entities who were notified of the opened investigation per OAR 407-045-0160 (Adult Mental Health Abuse Rules: Screening Activities and Initial Notices), the allegation has been approved to close without an abuse determination.
(c) If the investigator informed the AP of the investigation being opened, then the investigator shall inform the AP the allegation has been closed without an abuse determination.

Source: Rule 407-045-0190 — Adult Mental Health Abuse Rules: Investigation of Alleged Abuse, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0190.

407‑045‑0120
Adult Mental Health Abuse Rules: Purpose and Scope 407‑045‑0130
Adult Mental Health Abuse Rules: Definitions and Acronyms 407‑045‑0140
Adult Mental Health Abuse Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0150
Adult Mental Health Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0160
Adult Mental Health Abuse Rules: Screening Activities and Initial Notices 407‑045‑0170
Adult Mental Health Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0180
Adult Mental Health Abuse Rules: Death Reporting 407‑045‑0190
Adult Mental Health Abuse Rules: Investigation of Alleged Abuse 407‑045‑0200
Adult Mental Health Abuse Rules: Abuse Investigation Report 407‑045‑0210
Adult Mental Health Abuse Rules: Notification of Outcome 407‑045‑0220
Adult Mental Health Abuse Rules: Disclosure of the Abuse Investigation Report 407‑045‑0230
Adult Mental Health Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0240
Adult Mental Health Abuse Rules: County Multidisciplinary Teams 407‑045‑0250
Adult Developmental Disabilities Abuse Rules: Purpose and Scope 407‑045‑0260
Adult Developmental Disabilities Abuse Rules: Definitions 407‑045‑0280
Adult Developmental Disabilities Abuse Rules: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse 407‑045‑0285
Adult Developmental Disabilities Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0291
Adult Developmental Disabilities Abuse Rules: Screening Activities and Initial Notices 407‑045‑0295
Adult Developmental Disabilities Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0298
Adult Developmental Disabilities Abuse Rules: Death Reporting 407‑045‑0300
Adult Developmental Disabilities Abuse Rules: Investigation of Alleged Abuse 407‑045‑0320
Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report 407‑045‑0325
Adult Developmental Disabilities Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0330
Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents 407‑045‑0360
Adult Developmental Disabilities Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0370
Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams 407‑045‑0405
Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope 407‑045‑0415
Oregon State Hospital Patient Abuse Investigation Rules: Definitions and Acronyms 407‑045‑0425
Oregon State Hospital Patient Abuse Investigation Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0435
Oregon State Hospital Patient Abuse Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0445
Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice 407‑045‑0455
Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients 407‑045‑0465
Oregon State Hospital Patient Abuse Investigation Rules: Investigation by the Department’s Office of Training, Investigations and Safety 407‑045‑0475
Oregon State Hospital Patient Abuse Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑0485
Oregon State Hospital Patient Abuse Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑0495
Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents 407‑045‑0605
Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination 407‑045‑0615
Adult Abuse Investigations: Lay Representation in Contested Case Hearings 407‑045‑0645
Adult Developmental Disabilities Abuse Rules: Death Reporting Reviews for Adults in Developmental Disabilities Services 407‑045‑0800
Child-In-Care Abuse Rules: Purpose 407‑045‑0820
Child-In-Care Abuse Rules: Definitions 407‑045‑0825
Child-In-Care Abuse Rules: Screening Activities 407‑045‑0835
Child-In-Care Abuse Rules: Determining Response 407‑045‑0855
Child-In-Care Abuse Rules: Notifications at the Conclusion of Screening 407‑045‑0885
Child-In-Care Abuse Rules: Investigating Reports of Abuse 407‑045‑0886
Child-In-Care Abuse Rules: Exception to Completing an Investigation 407‑045‑0887
Child-In-Care Abuse Rules: Abuse Determination 407‑045‑0890
Child-In-Care Abuse Rules: Abuse Investigation Report 407‑045‑0895
Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0905
Child-In-Care Abuse Rules: Contested Case Proceeding for a Substantiated Abuse Determination 407‑045‑0913
Child-In-Care Abuse Rules: Lay Representation in Contested Case Hearings 407‑045‑0955
Child-In-Care Abuse Rules: Confidentiality 407‑045‑1000
Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope 407‑045‑1010
Adult Residential Substance Use Disorder Investigation Rules: Definitions 407‑045‑1020
Adult Residential Substance Use Disorder Investigation Rules: Training for OTIS Investigators and Abuse Reviewers 407‑045‑1030
Adult Residential Substance Use Disorder Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑1040
Adult Residential Substance Use Disorder Investigation Rules: Screening Activities and Initial Notice 407‑045‑1050
Adult Residential Substance Use Disorder Investigation Rules: Assessment for and Provision of Protective Services for Residents 407‑045‑1060
Adult Residential Substance Use Disorder Investigation Rules: Investigation 407‑045‑1070
Adult Residential Substance Use Disorder Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑1080
Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑1090
Adult Residential Substance Use Disorder Investigation Rules: Administrative Review Process for Substantiated Findings 407‑045‑1100
Adult Residential Substance Use Disorder Investigation Rules: Issuing Final Orders 407‑045‑1110
Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents
Last Updated

Jun. 8, 2021

Rule 407-045-0190’s source at or​.us