Oregon Department of Human Services

Rule Rule 407-045-0320
Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services 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 and protective services 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) 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.
(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) OTIS shall distribute copies of confidential abuse investigation reports.
(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 407-045-0330 (Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents).
(7) OTIS investigations for alleged abuse at Department-operated residential training homes 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 by rule.
Source

Last accessed
Jun. 8, 2021