Oregon Administrative Rules|Section 407-045-0200 - Adult Mental Health Abuse Rules: Abuse Investigation Report

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) The investigator is required to follow the abuse investigation and protective services assessment report formats provided by OTIS.
 
(2) Within 55 calendar days of receiving the complaint alleging abuse, a completed abuse investigation report shall be submitted by the investigator to OTIS for approval to close. The report shall include: 
(a) A statement of the alleged abuse allegation investigated for each victim and each AP;
 
(b) The assessment of protective services, including those offered or provided and determined as needed to the adult;
 
(c) A list of all witnesses interviewed and a summary of the relevant information provided by each witness;
 
(d) Relevant records obtained;
 
(e) A summary of findings and a conclusion concerning each alleged abuse allegation;
 
(f) A specific finding of substantiated or not substantiated for each alleged abuse allegation investigated except those allegations approved to be closed without abuse determination;
 
(g) Any recommended actions and a determination of whether protective services are needed of the community program or facility with the timelines for completing these actions;
 
(h) A list of any notices to be made to licensing or certifying agencies;
 
(i) The name and title of the investigator completing the report;
 
(j) The name and title of the OTIS coordinator or OTIS manager who reviewed the report; and
 
(k) The date the report is submitted to OTIS for approval.
 
(3) In cases where the investigator cannot complete an investigation within 55 calendar days and for good cause, the investigator may submit a request for an extension of time to OTIS. When granting an extension, OTIS may consult with the investigator about the need for an extension and the length of the extension.
 
(4) Within 5 calendar days of receiving a completed abuse investigation and protective services report, the OTIS coordinator or OTIS manager shall review the report and: 
(a) Approve to close with written notification to the investigator, or
 
(b) Work with the investigator to obtain necessary information or corrections so the report can be approved to close.
 
(5) The investigator shall list the name and address of entities who are to receive a copy of the confidential investigation report from OTIS. If applicable, OTIS shall distribute copies of confidential abuse investigation reports to: 
(a) The Authority's Health Systems Division or the Department's licensing agency involving their regulated facilities or certified service providers.
 
(b) A law enforcement agency, if the findings are substantiated and there is reasonable cause to believe a crime occurred.
 
(c) The public agency that licenses or certifies a facility, if other than (a).
 
(d) The public agency or board that licenses or certifies the AP practicing therein, if the findings are substantiated and upheld following the contested case process.
 
(6) If an investigation report is closed with a substantiated allegation, the investigator shall provide a redacted version of the report to OTIS within five business days from the date of approval. The redacted report may not contain any confidential information which is prohibited from disclosure pursuant to state or federal law as described in OAR 407-045-0220.
 
(7) OTIS investigations for Authority-operated facilities licensed under ORS 443.400 that are located at State Hospital campuses described in ORS 426.010, shall also address in the written report: 
(a) Whether the AP made a claim of self-defense during the investigation; and
 
(b) A finding whether the AP was acting in self-defense.
 
(c) In making this finding, the investigator shall find the allegation not substantiated when: 
(A) The AP was acting in self-defense in response to the use or imminent use of physical force;
 
(B) The amount of force used was reasonably necessary to protect the AP from violence or assault; and
 
(C) The AP used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the Department or Authority by rule.
 
Or. Admin. R. 407-045-0200
DHSD 2-2018, adopt filed 02/27/2018, effective 2/27/2018; DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019; DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DHSD 8-2019, amend filed 06/28/2019, effective 7/1/2019
Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731
 
Statutes/Other Implemented: ORS 430.731, ORS 409.027, 413.036, 430.610 to 430.695, 430.7315 to 430.765, 430.768, 443.400 to 443.465, 443.705 - 443.825 & 443.875
This section was updated on 7/13/2019 by overlay.