OAR 407-045-0835
Child-In-Care Abuse Rules: Determining Response

(1) Based on information gathered in OAR 407-045-0825 (Child-In-Care Abuse Rules: Screening Activities), an OTIS investigator must determine the OTIS response, which must be one of the following:
(a) An investigation is required under section (2) of this rule.
(b) An investigation is not required under section (2) of this rule and the report will be closed at screening as provided in section (4).
(c) Refer to other investigative authority as provided in section (5).
(2) Investigation required. An investigation is required when either:
(a) The OTIS investigator determines all of the following are true:
(A) The information alleged in the report meets the definition of abuse in ORS 419B.005 (Definitions) or ORS 418.257 (Definitions for ORS 418.257 to 418.259).
(B) At the time of the alleged abuse, the respondent was:
(i) A child-caring agency, proctor foster home, Office of Developmental Disability Services (ODDS) licensed group home, ODDS host home or ODDS foster home; or
(ii) An employee, contractor, or volunteer of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.
(C) The alleged victim was a child at the time of the alleged abuse as defined in these rules (OAR 407-045-0800 (Child-In-Care Abuse Rules: Purpose) through 407-045-0955 (Child-In-Care Abuse Rules: Confidentiality)).
(b) The director of OTIS determines that the Department is authorized by Oregon law to investigate and it is in the best interest of child safety for OTIS to investigate under these rules (OAR 407-045-0800 (Child-In-Care Abuse Rules: Purpose) through 407-045-0955 (Child-In-Care Abuse Rules: Confidentiality)).
(3) If an investigation is required under section (2), an OTIS supervisor or designee determines the OTIS initial contact timeline. The initial contact timeline refers to the amount of time between when a report is assigned for investigation and when the OTIS investigator is required to attempt to contact the alleged victim. The OTIS supervisor or designee must consider whether the respondent poses a risk to the alleged victim or other children to whom the respondent has access. The initial contact timeline must be:
(a) Within 24 hours.
(b) Within 72 hours. This initial contact timeline must only be used when the OTIS investigator can clearly document how the information indicates that the safety of the child will not be compromised by not responding within 24 hours and whether an intentional delay to allow for a planned response is less likely to compromise the safety of the child .
(c) An OTIS supervisor may change the OTIS response timeline. When changing from a within 24 hours to within 72 hours, the supervisor must explain in writing why the timeline was changed and how safety was considered when the change was approved.
(4) Close at screening.
(a) A report must be closed at screening when both of the following are true:
(A) The report was properly determined to be the responsibility of OTIS under OAR chapter 413, division 015.
(B) An investigation is not required under section (2) of this rule.
(b) OTIS supervisor or designee approval must be obtained when a report will be closed at screening.
(5) When a report is determined not to be the responsibility of OTIS under OAR chapter 413, division 015, OTIS must refer the report to the appropriate investigative authority. OTIS must follow mandatory reporting requirements of other Oregon Revised Statutes.
(a) If contact information was provided, the OTIS investigator must make diligent efforts to notify the reporter that the report was referred to another investigative authority.
(b) If other agencies were informed of the OTIS screening, the OTIS investigator must make diligent efforts to notify them of the referral to another investigative authority.

Source: Rule 407-045-0835 — Child-In-Care Abuse Rules: Determining Response, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0835.

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 407-045-0835’s source at or​.us