Oregon Department of Human Services

Rule Rule 407-045-0210
Adult Mental Health Abuse Rules: Notification of Outcome


(1)

After an abuse investigation report has been approved to close under OAR 407-045-0200 (Adult Mental Health Abuse Rules: Abuse Investigation Report), 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 (Contested Case Notice)(1) and (2)(a) and ORS 183.415 (Notice of right to hearing).

(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.

(2)

If applicable, OTIS shall provide written notification to appropriate personnel within:
(a) The Authority or Department involving residential facilities, community programs and regulated service providers licensed, certified, endorsed by the Authority or Department;
(b) The facility or community program that employs the AP;
(c) DHS/OHA Human Resources for APs who are state employees;
(d) The alleged victim’s case management entity (community program or brokerage); and
(e) The alleged victim’s guardian.
(3) The investigator may assure that the abuse finding is provided to the alleged victim by their case manager with a trauma informed approach as part of protective services follow-up.
(4) OTIS shall document the notices provided and maintain a record of all notifications provided in this rule section.
Source

Last accessed
Jun. 8, 2021