OAR 407-045-0885
Child-In-Care Abuse Rules: Investigating Reports of Abuse

An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:

(1)

The OTIS investigator must contact the responsible law enforcement agency, if applicable, as provided in ORS 419B.015 (Report form and content), to establish if a criminal investigation is being conducted and jointly determine the roles and responsibilities of OTIS and the law enforcement agency in their respective investigations.

(2)

Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to the child associated with the report of abuse or the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(3)

Make initial contact with the alleged victim of abuse within the OTIS initial contact timeline assigned at screening. When an alleged victim is currently a child the OTIS investigator must attempt to contact the alleged victim’s legal guardian within the OTIS initial contact timeline assigned at screening.

(4)

Attempt to interview the following:

(a)

The alleged victim in the report. The OTIS investigator must notify the legal guardian of a child prior to any interview with a child, unless notification is prohibited by law or court order or would compromise safety or a criminal investigation.

(b)

Any witnesses to the alleged abuse.

(c)

The respondent or, when the respondent is a child-caring agency, ODDS licensed group home or ODDS host home, the individual responsible for the child-caring agency, ODDS licensed group home, or ODDS host home:

(A)

If the respondent refuses to be interviewed, this must be documented in the abuse investigation report.

(B)

If the respondent does not respond to a request to be interviewed, at least three additional attempts to interview the respondent must be made:
(i)
At least one of the additional three attempts must be made by phone to the last known phone number.
(ii)
At least one of the additional three attempts must be made by mail to the last known address.
(iii)
All attempts to contact the respondent must be documented in the abuse investigation report.

(d)

Others who may have knowledge of the facts of the alleged abuse or related circumstances as determined appropriate by the OTIS investigator.

(5)

Conduct interviews in person when practicable.

(6)

Conduct interviews with alleged victims and witnesses alone (without the presence of employees of the child-caring agency, ODDS licensed group home, ODDS host home, proctor foster parent, ODDS foster parent or Department personnel) if determined appropriate by the OTIS investigator.

(7)

Inform individuals being interviewed that they may decline to be interviewed.

(8)

Inform any child being interviewed that the child may have present during the interview:

(a)

The parent or guardian of the child, if the child has not been committed to the custody of the Department or Oregon Youth Authority;

(b)

The attorney for the child; and

(c)

Others the child wants present during the interview if the OTIS investigator determines the presence of the individual is appropriate.

(d)

Comply with ORS 419B.045 (Investigation conducted on school premises) when an interview or other contact will occur on public school premises.

(9)

Obtain and review relevant material evidence, which includes, but is not limited to:

(a)

Conducting a site visit to the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home, that is the subject of the report of abuse or other relevant location as determined appropriate by the OTIS investigator.

(b)

Receiving and/or reviewing photographs, video or audio records from the child-caring agency, proctor foster home, ODDS group home, ODDS host home, ODDS foster home, or the community.

(c)

Receiving, reviewing, or copying records, documents and materials pertaining to the alleged victim of abuse including, but not limited to, incident reports, evaluations, treatment or support plans, treatment notes or progress records, or other documents as determined appropriate by the OTIS investigator.

(d)

Receiving, reviewing, or copying relevant records, documents and materials pertaining to an employee, contractor, or volunteer of a child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home, including, but not limited to, personal contact information, employee records, records of past complaints or concerns and attendance records.

(e)

Receiving, reviewing, or copying records, documents and materials pertaining to the respondent and anyone who resides in or frequents the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home.

(f)

Taking photographs as determined appropriate by the OTIS investigator.

(g)

Receiving and reviewing relevant law enforcement records.

(10)

When an OTIS investigator observes a child, who has suffered a suspicious physical injury and the OTIS investigator is certain or has reasonable suspicion that the injury is or may be the result of abuse, the OTIS investigator must comply with ORS 419B.023 (Duties of person conducting investigation under ORS 419B.020) (Karly’s Law). This includes:

(a)

Identifying the protocols and procedures of the applicable county multidisciplinary child abuse team described in ORS 418.747 (County teams for investigation); and

(b)

Ensuring photographs are taken and medical assessments are pursued as provided in the applicable protocol.

(11)

If any of the requirements in (1) through (10) of this rule cannot be met:

(a)

Consult with an OTIS supervisor regarding the requirements that cannot be met;

(b)

Obtain approval from an OTIS supervisor for deviating from the requirements of this rule; and

(c)

Explain which requirements in this rule that cannot be met and document OTIS supervisor approval in the investigative report.

(12)

If an OTIS investigator becomes aware of conditions that do not constitute abuse, but is or threatens a danger to any child at a child-caring agency or to the public, or places the health, safety, or welfare of a child at risk, immediately submit a ODHS Form 1303. This includes, but is not limited to, when an OTIS investigator has reason to believe a child-caring agency has not complied with the Department’s background check rules as required in the Department’s background check rules.

(13)

If an OTIS investigator has reason to believe a crime has occurred, the crime must be immediately reported to law enforcement, even if the crime is unrelated to the report of abuse.

(14)

When investigation activities are complete:

(a)

Unless an exception in OAR 407-045-0886 (Child-In-Care Abuse Rules: Exception to Completing an Investigation) (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 407-045-0887 (Child-In-Care Abuse Rules: Abuse Determination);

(b)

Issue an abuse investigation report as provided in OAR 407-045-0890 (Child-In-Care Abuse Rules: Abuse Investigation Report); and

(c)

Make notifications as provided in OAR 407-045-0895 (Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation).

Source: Rule 407-045-0885 — Child-In-Care Abuse Rules: Investigating Reports of Abuse, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0885.

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 407-045-0885’s source at or​.us