OAR 943-045-0300
Investigation of Alleged Abuse or Mistreatment
(1)
Investigation of abuse or mistreatment shall be thorough and unbiased. Community programs may not investigate allegations of abuse or mistreatment made against employees of the community program. Investigations of community program staff shall be conducted by the Authority or other community programs not subject to an actual or potential conflict of interest.(2)
In conducting an abuse or mistreatment investigation, the investigator must:(a)
Make in-person contact with the adult;(b)
Interview the adult, witnesses, the person alleged to have committed the abuse or mistreatment, and other individuals who may have knowledge of the facts of the abuse or mistreatment allegation or related circumstances. Interviews must be conducted in-person where practicable. The investigator must attempt to elicit the date of birth for each individual interviewed and shall obtain the date of birth of any person alleged to have committed the alleged abuse or mistreatment;(c)
Review all evidence relevant and material to the complaint; and(d)
Photograph the adult consistent with forensic guidelines, or arrange for the adult to be photographed, to preserve evidence of the alleged abuse or mistreatment and of the adult’s physical condition at the time of investigation, unless the adult knowingly refuses.(3)
All records necessary for the investigation shall be available to the community program for inspection and copying. A community facility shall provide community programs access to employees, the adult, and the premises for investigation purposes.(4)
When a law enforcement agency is conducting a criminal investigation of the alleged abuse or mistreatment, the community program shall also perform its own investigation as long as it does not interfere with the law enforcement agency investigation under the following circumstances:(a)
There is potential for action by a licensing or certifying agency;(b)
Timely investigation by law enforcement is not probable; or(c)
The law enforcement agency does not complete a criminal investigation.(5)
When a law enforcement agency is conducting an investigation of the alleged abuse or mistreatment, the community program must communicate and cooperate with the law enforcement agency.
Source:
Rule 943-045-0300 — Investigation of Alleged Abuse or Mistreatment, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0300.