OAR 407-047-0450
Investigations in Child Care: 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, 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) The OTIS investigator must notify and coordinate with the Compliance Unit of the Department of Education: Office of Child Care as required by ORS 419B.020 (Duty of department or law enforcement agency receiving report)(1).
(3) Share information and coordinate with Department personnel or other appropriate entities who have responsibilities to children associated with the report of abuse.
(4) Make initial contact with the alleged victim’s legal guardian and the alleged victim of abuse within the OTIS initial contact timeline assigned at screening.
(5) The OTIS investigator must communicate with owner, executive director, operator or central administrator of the child care at the beginning of the investigation to notify them of the allegations, arrange for access to the child care, plan interviews that will take place at the child care, and gain access to names of other children and their parents who may have been a witness or could be a collateral source for the OTIS investigation. The OTIS investigator is not required to communicate with the owner, executive director, operator, or central administrator of the child care if it could compromise a child’s safety or a criminal investigation.
(6) 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.
(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.
(7) Conduct interviews in person when practicable.
(8) Conduct interviews with alleged victims and witnesses without the presence of caregivers, household members, contractors, or volunteers of the child care if determined appropriate by the OTIS investigator.
(9) Inform individuals being interviewed that they may decline to be interviewed.
(10) Comply with ORS 419B.045 (Investigation conducted on school premises) when an interview or other contact will occur on public school premises.
(11) Obtain and review relevant material evidence, which includes, but is not limited to:
(a) Conducting a site visit to the child care 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 video or audio records from the child care 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, Individual Family Services Plan (IFSP), Individual Education Plan (IEP), attendance records, or other documents as determined appropriate by the OTIS investigator.
(d) Receiving, reviewing, or copying records, documents and materials pertaining to the child care or any of the child care’s caregivers, household members, contractors, or volunteers including, but not limited to, performance reviews, 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 care.
(f) Taking photographs as determined appropriate by the OTIS investigator.
(g) Receiving and reviewing relevant law enforcement records.
(8) 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.
(9) If any of the requirements in (1) through (8) 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.
(10) When investigation activities are complete:
(a) Unless an exception in OAR 407-047-0460 (Investigations in Child Care: Exception to Completing an Investigation) (Exception to Completing an Investigation) applies, make an abuse determination as provided in OAR 407-047-0470 (Investigations in Child Care: Abuse Determination);
(b) Issue an abuse investigation report as provided in OAR 407-047-0480 (Investigations in Child Care: Abuse Investigation Report); and
(c) Make notifications as provided in OAR 407-047-0490 (Investigations in Child Care: Notifications at the Conclusion of an Investigation).

Source: Rule 407-047-0450 — Investigations in Child Care: Investigating Reports of Abuse, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-047-0450.

407‑047‑0200
Investigations in Schools: Purpose and Scope 407‑047‑0205
Investigations in Schools: Definitions 407‑047‑0210
Investigations in Schools: Screening Activities 407‑047‑0220
Investigations in Schools: Determining Response 407‑047‑0240
Investigations in Schools: Notifications at the Conclusion of Screening 407‑047‑0250
Investigations in Schools: Investigating Reports of Abuse 407‑047‑0260
Investigations in Schools: Exception to Completing an Investigation 407‑047‑0270
Investigations in Schools: Abuse Determination 407‑047‑0280
Investigations in Schools: Abuse Investigation Report 407‑047‑0290
Investigations in Schools: Notifications at the Conclusion of an Investigation 407‑047‑0295
Investigations in Schools: Confidentiality 407‑047‑0300
Investigations in Schools: Contested Case Hearings 407‑047‑0305
Investigations in Schools: Lay Representative 407‑047‑0400
Investigations in Child Care: Purpose and Scope 407‑047‑0410
Investigations in Child Care: Definitions 407‑047‑0420
Investigations in Child Care: Screening Activities 407‑047‑0430
Investigations in Child Care: Determining Response 407‑047‑0440
Investigations in Child Care: Notifications at the Conclusion of Screening 407‑047‑0450
Investigations in Child Care: Investigating Reports of Abuse 407‑047‑0460
Investigations in Child Care: Exception to Completing an Investigation 407‑047‑0470
Investigations in Child Care: Abuse Determination 407‑047‑0480
Investigations in Child Care: Abuse Investigation Report 407‑047‑0490
Investigations in Child Care: Notifications at the Conclusion of an Investigation 407‑047‑0500
Investigations in Child Care: Confidentiality 407‑047‑0510
Investigations in Child Care: Contested Case Hearings 407‑047‑0520
Investigations in Child Care: Lay Representative 407‑047‑0600
Investigations of Third-Party: Purpose and Scope 407‑047‑0610
Investigations of Third-Party: Definitions 407‑047‑0620
Investigations of Third-Party: Screening Activities 407‑047‑0630
Investigations of Third-Party: Determining OTIS Response for Third-Party Professionals 407‑047‑0640
Investigations of Third-Party: Determining OTIS Response for Other Third-Party 407‑047‑0650
Investigations of Third-Party: Notifications at the Conclusion of Screening 407‑047‑0660
Investigations of Third-Party: Investigating Reports of Abuse 407‑047‑0670
Investigations of Third-Party: Exception to Completing an Investigation 407‑047‑0680
Investigations of Third-Party: Abuse Determination 407‑047‑0690
Investigations of Third-Party: Abuse Investigation Report 407‑047‑0700
Investigations of Third-Party: Notifications and Report Distribution 407‑047‑0710
Investigations of Third-Party: Confidentiality 407‑047‑0720
Investigations of Third-Party: Contested Case Hearings 407‑047‑0730
Investigations of Third-Party: Lay Representative
Last Updated

Jun. 8, 2021

Rule 407-047-0450’s source at or​.us