OAR 411-320-0140
Abuse Investigations and Protective Services
(1)
GENERAL DUTIES.(a)
For the purpose of conducting abuse investigations and provision of protective services for adults, the CDDP is the designee of the Department. Each CDDP must conduct abuse investigations and provide protective services or arrange for the conduct of abuse investigations and the provision of protective services through cooperation and coordination with other CDDPs and when applicable, Brokerages.(A)
Investigations must be done in accordance with OAR 407-045-0250 (Adult Developmental Disabilities Abuse Rules: Purpose and Scope) through 407-045-0370 (Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams).(B)
If determined necessary or appropriate, the Department may conduct an investigation itself rather than allow the CDDP to investigate the alleged abuse or the Department may conduct an investigation in addition to the investigation by the CDDP. Under such circumstances, the CDDP must receive authorization from the Department before conducting any separate investigation.(b)
Unless otherwise directed by the Department, the CDDP must investigate allegations of abuse of individuals with intellectual or developmental disabilities who are:(A)
Adults 18 years of age or older, unless an adult is under 21 years of age and residing in a certified child foster home setting; and(B)
Receiving case management services; or(C)
Receiving any Department-funded services for individuals; or(D)
Previously determined eligible for developmental disabilities services and voluntarily terminated from services in accordance with OAR 411-415-0030 (Eligibility for Case Management Services - Entry, Exit, Transfers).(2)
ABUSE INVESTIGATIONS. The CDDP must have and implement written protocols that describe the conduct of an abuse investigation, a risk assessment, implementation of any actions, and the report writing process.(3)
COORDINATION WITH OTHER AGENCIES. The CDDP must cooperate and coordinate investigations and protective services with other agencies that have authority to investigate allegations of abuse for adults or children.(4)
INITIAL COMPLAINTS OF ABUSE.(a)
Until certified by the Department as a CAM user, initial complaints of abuse must immediately be submitted electronically using the Department’s system for reporting serious events.(b)
Once certified by the Department as a CAM user, initial complaints of abuse must be submitted electronically using CAM, within one business day of receiving the complaint. An entry of a report of suspected abuse does not fulfill the requirement of a mandatory reporter to report suspected abuse.(5)
CONFLICT OF INTEREST. The CDDP may not investigate allegations of abuse made against employees of the CDDP. Abuse investigations of CDDP staff are conducted by the Department or a CDDP not subject to an actual or potential conflict of interest.(6)
NOTIFICATION. Upon the initiation and completion of an abuse investigation, the CDDP must comply with the notification requirements described in OAR 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), and OAR 407-045-0325 (Adult Developmental Disabilities Abuse Rules: Notifications at the Conclusion of an Investigation).(7)
REPORTS. The CDDP must complete and maintain an Abuse Investigation and Protective Services Report according to OAR 407-045-0320 (Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report). A copy of the final Abuse Investigation and Protective Services Report must be provided to the Department within five business days of the report’s completion and approval by OTIS.(8)
DISCLOSURE. The CDDP must disclose an Abuse Investigation and Protective Services Report and related documents as described in OAR 407-045-0330 (Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents).
Source:
Rule 411-320-0140 — Abuse Investigations and Protective Services, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-320-0140.