Oregon Department of Human Services

Rule Rule 407-047-0290
Investigations in Schools: 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 notifications described in this rule.
(1) OTIS must notify law enforcement of the abuse determination and may provide a copy of the unredacted 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 legal guardian of the alleged victim when the alleged victim is currently a child.
(4) OTIS must notify the respondent when:
(a) A report is determined to be “Unfounded” or “Unable to Determine” (See OAR 407-047-0270 (Investigations in Schools: Abuse Determination)), OTIS must provide written notice to the respondent.
(b) A report is determined to be “Founded” under OAR 407-047-0270 (Investigations in Schools: 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.
(c) The Notice of Abuse Determination must include information described in OAR 137-003-0505 (Contested Case Notice)(1) and (2)(a) and ORS 183.415 (Notice of right to hearing).
(5) OTIS must provide the education provider a copy of the unredacted abuse investigation as permitted by ORS 419B.035 (Confidentiality of records)(1)(m).
(6) OTIS must provide the Teacher Standards and Practices Commission a copy of the unredacted abuse investigation if the Department believes the school employee, contractor, agent or volunteer is licensed or registered by the commission.
(7) OTIS must provide the Department of Education a copy of the unredacted abuse investigation if the Department believes the report of suspected abuse:
(a) Occurred in a school or was related to a school-sponsored activity; or
(b) Involves a child and a person who is a school employee, contractor, agent or volunteer.
(c) The notification must state the Department of Education is responsible for immediate notification to the appropriate education provider to ensure the safety of the child.
(8) Others as required or otherwise authorized including, but not limited to:
(a) Appropriate personnel within the Department.
(b) 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.
(c) Disability Rights Oregon if the alleged abuse occurred at a school or in an educational setting that involves a child with a disability. (ORS 419B.035 (Confidentiality of records)(1))
(d) Oregon Youth Authority: Professional Standards Office when the alleged abuse involves a youth under the jurisdiction of OYA, or the education provider is a Youth Corrections Education Program.
(e) 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).
(f) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035 (Confidentiality of records)(3).
Source

Last accessed
Jun. 8, 2021

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