Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation
After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the abuse investigation report.(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:(a) Whether contact with the child was made; and (b) Whether OTIS determined abuse occurred(3) OTIS must notify the respondent when:(a) A report is determined to be “Unsubstantiated” or “Inconclusive” (see OAR 407-045-0887 (Child-In-Care Abuse Rules: Abuse Determination)), OTIS must provide written notice to the respondent.(b) A report is determined to be “Substantiated” (see OAR 407-045-0887 (Child-In-Care Abuse Rules: Abuse Determination)), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415 (Notice of right to hearing)) to the respondent by:(A) Regular mail and certified mail with return receipt requested.(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.(4) When a report involves a child-caring agency or proctor foster home, the OTIS investigator must send the investigation report to personnel designated (CCA Notifications) to make notifications required in Oregon law and OAR 413-215-0136 (Licensing Umbrella Rules: Notifications Involving a Child-caring Agency).(5) When a report involves an ODDS licensed group home, ODDS host home, or ODDS foster home the OTIS investigator must make the following notifications:(a) Appropriate personnel within the Department.(b) The ODDS licensed group home or ODDS host home.(c) The tribe (as provided under OAR chapter 413, division 115) when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.(d) Legal guardian of the child.(e) If the report was “Substantiated” OTIS must notify:(A) The Director of the Department;(B) The Director of Child Welfare; and(C) The Director of the Office of Developmental Disabilities Services. (6) Others as required or otherwise authorized including, but not limited to:(a) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. (ORS 419B.035 (Confidentiality of records)(1).(b) Teacher Standards and Practices Commission as provided in ORS 419B.035 (Confidentiality of records).(c) The Office of Child Care when required by ORS 419B.020 (Duty of department or law enforcement agency receiving report) or 419B.035 (Confidentiality of records).(d) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035 (Confidentiality of records)(3).