Oregon Department of Human Services

Rule Rule 407-047-0700
Investigations of Third-Party: Notifications and Report Distribution


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 legal guardian of the alleged victim of the abuse determination 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 407-047-0680 (Investigations of Third-Party: Abuse Determination)), OTIS must provide written notice to the respondent.
(b) A report is determined to be “Founded” (see OAR 407-047-0680 (Investigations of Third-Party: 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.
(5) Others as required or otherwise authorized including, but not limited to:
(a) Appropriate personnel within the Department.
(b) The employer, contract holder, licensor, certifier, or other regulatory entity of the respondent when the respondent meets the definition of “third-party professional”. An exception may be granted when the notification could compromise a child’s safety or a criminal investigation.
(c) OYA’s Professional Standards Office when a report involved an OYA foster home, facility or employee.
(d) 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.
(e) 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)).
(f) The Office of Developmental Disabilities Services (ODDS), when a report involves a child receiving services from ODDS.
(g) Teacher Standards and Practices Commission as provided in ORS 419B.035 (Confidentiality of records).
(h) 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).
(i) 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