Oregon Administrative Rules|Section 407-045-0291 - Adult Developmental Disabilities Abuse Rules: Screening Activities and Initial Notices

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) Screening is the process used by an investigator to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of an adult requires investigation as stated in these rules. 
(a) The investigator shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.
 
(b) The investigator shall assure initial notifications, referrals and required cross-reporting are completed.
 
(c) OTIS or CDDP shall have a protocol to track the outcome of every screening to ensure completion.
 
 
(2) The CDDP may request OTIS screen a complaint of alleged abuse for instances where there is a potential conflict of interest, as an investigation may need to be conducted under OAR 407-045-0360(2)(a).
(a) Requests shall be made to an OTIS coordinator or OTIS manager, and
 
(b) Be in writing in the format provided by OTIS.
 
 
(3) OTIS Investigation Unit Responsibilities.
(a) OTIS shall screen all complaints of alleged abuse for possible abuse investigation involving adults:
(A) When the primary association between the alleged victim and the accused person is due to their role as an educational provider's school employee, agent, contractor, or volunteer; or
 
(B) While receiving services in a State hospital, Authority-operated residential treatment facility or home or Department-operated residential training homes.
 
 
(b) Upon screening, OTIS may determine a CDDP designee shall conduct the investigation per OAR 407-045-0360.
 
(c) OTIS shall notify the adult's CDDP of screening determinations of this rule or OAR 407-045-0360.
 
(d) OTIS shall notify the licensed administrator of screening determinations for allegations received involving the educational provider's school employee, contractor, agent, or volunteer.
 
 
(4) A screening determination shall be made by the end of the third business day after receiving the alleged abuse complaint. 
(a) The investigator shall consult with an OTIS coordinator or OTIS manager if a screening decision is not made after three business days.
 
(b) An OTIS coordinator or OTIS manager may grant a screening extension if law enforcement has been contacted for a criminal investigation of the alleged abuse incident. The investigator shall document:
(A) The name of the law enforcement agency, assigned case number and crime being investigated;
 
(B) The plan for follow-up contacts with the law enforcement agency; and
 
(C) The approval of an OTIS coordinator or OTIS manager.
 
 
 
(5) When a law enforcement agency is conducting a criminal investigation of the alleged abuse: 
(a) OTIS or CDDP need not conduct its own investigation of the same incident.
 
(b) OTIS or CDDP may also perform its own investigation as long as it does not interfere with the law enforcement agency investigation. Circumstances that indicate a need for the OTIS or CDDP to conduct their own investigation:
(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.
 
 
(c) When a law enforcement agency is conducting an investigation of the alleged abuse and a screening extension has been granted by OTIS, the investigator shall communicate and cooperate with the law enforcement agency. The investigator shall ensure regular and timely follow-up with the law enforcement agency related to: 
(A) The status of the criminal investigation,
 
(B) Explanation for no criminal investigation or suspension of a criminal investigation, and
 
(C) Any actions taken by the district attorney.
 
 
 
(6) If after screening, it is determined the complaint meets the criteria for an investigation per (1), an investigator will be assigned and promptly begin an investigation.
 
(7) If the investigator determines that there is reasonable cause to believe that abuse occurred at a facility, the investigator shall immediately, within one business day of this screening determination, notify the appropriate licensing agency. The notification shall provide the case number, identify the investigator and provide information regarding how the assigned investigator may be contacted.
 
(8) The investigator shall also notify relevant ODDS units of complaints of abuse received and opened for investigation involving APs who are:
(a) Employees of department-operated residential training homes; or
 
(b) Independent Providers as defined in OAR 411, chapter 375, which includes Personal Support Workers.
 
 
(9) Within three business days of a screening decision, the investigator shall:
(a) Provide the screening decision to (if applicable):
(A) The primary case management entity, such as the Service Coordinator or Personal Agent;
 
(B) The guardian; and
 
(C) The involved facility or community program.
 
 
(b) If a complaint of alleged abuse has been assigned for investigation, the screening decision shall provide the case number, identify the investigator and provide information regarding how the assigned investigator may be contacted.
 
(c) The notification to the guardian or case manager may be delayed if the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.
 
 
(10) The investigator shall document how and when notifications were provided and maintain a record of all notices.
 
Or. Admin. R. 407-045-0291
DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018; DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018; DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 11-2019, amend filed 08/01/2019, effective 8/1/2019; DHSD 31-2019, minor correction filed 12/06/2019, effective 12/06/2019; DHSD 33-2019, amend filed 12/30/2019, effective 1/1/2020; DHSD 11-2020, minor correction filed 09/03/2020, effective 9/3/2020
Statutory/Other Authority: ORS 409.010, ORS 409.050 & ORS 430.731
 
Statutes/Other Implemented: ORS 430.731, 430.662, 430.735 - 430.765, 430.768, 443.400 - 443.465, 443.705 - 443.825 & 443.875
This section was updated on 10/8/2020 by overlay.