OAR 407-045-1060
Adult Residential Substance Use Disorder Investigation Rules: Investigation

(1) Investigation of abuse allegations shall be thorough, unbiased and conducted by a trained OTIS investigator.
(a) Community programs and SUD facilities must provide the investigator access to employees and the premises for investigation purposes.
(b) Access to SUD residents or their identifying information (name and records) shall be upon receipt of a signed release authorizing disclosure of this Part 2 information to OTIS.
(2) In conducting the abuse investigation, the investigator shall attempt and, when possible, complete the following:
(a) Make in-person contact with the alleged victim.
(b) Interview the alleged victim, witnesses, the AP and others who may have knowledge of the facts of the abuse allegation or related circumstances.
(A) Interviews shall be conducted in-person where practicable.
(B) Any person interviewed who needs an accommodation, such as language translation or other accommodation, the investigator shall note the information in the investigation report.
(C) The investigator shall ask the date of birth for each individual interviewed, except from SUD residents when there is no signed release of information, and shall obtain the date of birth of any AP.
(D) The investigator shall ask if the AP is a Department or Authority employee or volunteer and document the response as part of the investigation information. If affirmed:
(i) The investigator shall give the AP the Department form letter that outlines the required obligation to notify DHS│OHA Human Resource.
(ii) OTIS shall ensure the outcome of the investigation is provided to the DHS│OHA Human Resources for follow-up.
(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reasoning.
(i) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs.
(ii) At least one attempt shall be made by phone to the last known number and one by mail to the last known address.
(c) Review all records or evidence relevant and material to the allegation with SUD resident records only upon a signed release of information; and
(d) Photograph the alleged victim’s injuries consistent with trained guidelines or arrange for the alleged victim to be photographed to preserve evidence of the condition of the alleged victim at the time of investigation except when:
(A) The alleged victim knowingly refuses to be photographed; or
(B) It is clinically contraindicated due to health, safety and well-being.
(3) All facility records necessary for the investigation must be available to the investigator for inspection and copying. Facility records may include, but is not limited to statements, event reports, employee training records, visitor logs, diagrams, policies, photographs and videos.
(4) Any relevant record used in an investigative interview will be noted in the respective witness statement and included in the submitted investigation report.
(5) Any variance from the investigative processes in this rule shall be discussed with and approved by the OTIS manager. The reason for the variance and the name of the OTIS manager who approved the variance must be documented clearly in the investigative report.
(6) If the investigator believes an allegation assigned for investigation meets the conditions to be considered closed without an abuse determination, then OTIS manager approval to close shall be obtained.
(a) Investigative efforts and information obtained as described in (2) of this rule section shall be documented in the written report submitted for management approval to close.
(b) OTIS shall notify HSD Licensing, who will notify the SUD facility.
(c) OTIS shall notify the AP, if the AP has been notified of the investigation being opened.

Source: Rule 407-045-1060 — Adult Residential Substance Use Disorder Investigation Rules: Investigation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-1060.

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 407-045-1060’s source at or​.us