ORS 124.070
Duty to investigate
- notice to law enforcement agency and department
- written findings
- review by district attorney
(1)
Upon receipt of the report required under ORS 124.060 (Duty of officials to report), the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility.(2)
If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed.(3)
After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department:(a)
That there will be no criminal investigation, including an explanation of why there will be no criminal investigation;(b)
That the investigative findings have been given to the district attorney for review; or(c)
That a criminal investigation will take place.(4)
If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department.(5)
If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly 410.650; 2009 c.837 §§12,13]
Source:
Section 124.070 — Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney, https://www.oregonlegislature.gov/bills_laws/ors/ors124.html.
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