OAR 407-045-0200
Adult Mental Health Abuse Rules: Abuse Investigation Report

(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 statement of the alleged abuse allegation investigated for each victim and each AP;
(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.
(3) In cases where the investigator cannot complete an investigation within 55 calendar days and for good cause, the investigator may submit a request for an extension of time to OTIS. When granting an extension, OTIS may consult with the investigator about the need for an extension and the length of the extension.
(4) Within 5 calendar days of receiving a completed abuse investigation and protective services report, the OTIS coordinator or OTIS manager shall review the report and:
(a) Approve to close with written notification to the investigator, or
(b) Work with the investigator to obtain necessary information or corrections so the report can be approved to close.
(5) The investigator shall list the name and address of entities who are to receive a copy of the confidential investigation report from OTIS. If applicable, OTIS shall distribute copies of confidential abuse investigation reports to:
(a) The Authority’s Health Systems Division or the Department’s licensing agency involving their regulated facilities or certified service providers.
(b) A law enforcement agency, if the findings are substantiated and there is reasonable cause to believe a crime occurred.
(c) The public agency that licenses or certifies a facility, if other than (a).
(d) The public agency or board that licenses or certifies the AP practicing therein, if the findings are substantiated and upheld following the contested case process.
(6) If an investigation report is closed with a substantiated allegation, the investigator shall provide a redacted version of the report to OTIS within five business days from the date of approval. The redacted report may not contain any confidential information which is prohibited from disclosure pursuant to state or federal law as described in OAR 407-045-0220 (Adult Mental Health Abuse Rules: Disclosure of the Abuse Investigation Report).
(7) OTIS investigations for Authority-operated facilities licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) that are located at State Hospital campuses described in ORS 426.010 (State hospitals for persons with mental illness), shall also address in the written report:
(a) Whether the AP made a claim of self-defense during the investigation; and
(b) A finding whether the AP was acting in self-defense.
(c) In making this finding, the investigator shall find the allegation not substantiated when:
(A) The AP was acting in self-defense in response to the use or imminent use of physical force;
(B) The amount of force used was reasonably necessary to protect the AP from violence or assault; and
(C) The AP used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the Department or Authority by rule.

Source: Rule 407-045-0200 — Adult Mental Health Abuse Rules: Abuse Investigation Report, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0200.

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 407-045-0200’s source at or​.us