OAR 943-045-0320
Abuse or Mistreatment Investigation and Protective Services Report
(1)
The Authority shall provide abuse or mistreatment investigation and protective services report formats.(2)
Upon completion of the investigation and within 45 calendar days of the date the community program has assigned a report alleging abuse or mistreatment for investigation, the community programs shall prepare an abuse or mistreatment investigation and protective services report. This 45-day time period does not include an additional five-working day period allowing OIT to review and approve the report. The protective services report shall include:(a)
A statement of the allegations being investigated, including the date, location, and time;(b)
A list of protective services provided to the adult;(c)
An outline of steps taken in the investigation, a list of all witnesses interviewed, and a summary of the information provided by each witness;(d)
A summary of findings and conclusion concerning the allegation of abuse or mistreatment;(e)
A specific finding of “substantiated,” “inconclusive,” or “not substantiated”;(f)
A plan of action necessary to prevent further abuse or mistreatment of the adult;(g)
Any additional corrective action required by the community program and deadlines for completing these actions;(h)
A list of any notices made to licensing or certifying agencies;(i)
The name and title of the individual completing the report; and(j)
The date the report is written.(3)
In cases where, for good cause shown, the protective services investigator cannot complete the report within 45 days, the investigator shall submit a request for time extension to OIT.(a)
An extension may be granted for good cause shown which includes but is not limited to:(A)
When law enforcement is conducting an investigation;(B)
A material party or witness is temporarily unavailable;(C)
New evidence is discovered;(D)
The investigation is complex (e.g. large numbers of witnesses need to be interviewed taking into account scheduling difficulties and limitations, consultation with experts, or a detailed review of records over an extended period of time is required); or(E)
For some other mitigating reason.(b)
When granting an extension, OIT shall consult with the program about the need for an extension and determine the length of the extension as necessary.(c)
The community program shall notify the provider agency and guardian when an extension is granted and advise them of the new report due date.(4)
A copy of the final abuse or mistreatment investigation and protective services report shall be provided to the Authority within five working days of the report’s completion and approval by OIT.(5)
The community program must provide notice of the outcome of the investigation, or assure that notice is provided to the alleged victim, guardian, provider agency, accused person, and to any law enforcement agency which previously received notice of the initial report. Notice of outcome shall be provided to a reporter upon the reporter’s request. Notice of outcome must be made within five working days after the date the case is completed and approved by OIT. The community program must document how the notice was provided.(6)
A centralized record of all abuse or mistreatment investigation and protective services reports shall be maintained by community programs for all abuse or mistreatment investigations conducted in their county, and by the Authority for all abuse or mistreatment investigations in the state.
Source:
Rule 943-045-0320 — Abuse or Mistreatment Investigation and Protective Services Report, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0320.