OAR 943-045-0470
Abuse Investigation Report
(1)
OIT shall complete the investigation and submit a draft report to the Superintendent within 30 calendar days after initiating an investigation. The investigation must be completed within 30 calendar days unless the Director grants an extension. The Director may grant an extension for good cause shown when law enforcement is conducting an investigation, when a key party is unavailable, new evidence is discovered, 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 for some other mitigating reason. The Director shall determine the length of the extension.(2)
The Superintendent and OIT shall review the OIT or law enforcement investigation report. The Superintendent and OIT shall also review and discuss any other relevant reports or information.(3)
OIT shall determine whether the evidence substantiates the allegation of abuse. In some instances, OIT may determine that the evidence is inconclusive. The determination must be made within 15 calendar days from completion of the draft investigation report, unless a key party is unavailable, additional evidence is discovered, or the Director grants an extension for some other mitigating reason. Any determination not made within the 15-day period must be made as soon as reasonably possible thereafter.(4)
Once this review is complete, OIT shall prepare a final report, which 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 evidence and conclusion concerning the allegation of abuse;(e)
A specific finding of substantiated, inconclusive, or not substantiated;(f)
A plan of action necessary to prevent further abuse of the individual;(g)
Any additional corrective action required by the hospital and deadlines for the completion of these actions;(h)
A list of any notices made to licensing or certifying agencies;(i)
The name and title of the person completing the report; and(i)
The date written.(5)
If the allegation of abuse is substantiated, the Superintendent shall direct that appropriate action be taken against the responsible person commensurate with the seriousness of the conduct and any aggravating or mitigating circumstances, including consideration of previous conduct of record. If Human Resources are involved, as necessary to comply with laws related to employee rights, additional investigation may be conducted.(6)
If the allegations are found to be inconclusive; the Superintendent may request a review by Human Resources to determine the need for any training or disciplinary action, as warranted by the facts and any follow-up investigative work.(7)
The Superintendent shall ensure that appropriate documentation exists as to the action taken as a result of an abuse investigation.(8)
The Superintendent shall ensure that a copy of the law enforcement investigation report is forwarded to OIT.
Source:
Rule 943-045-0470 — Abuse Investigation Report, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0470.